[Congressional Record Volume 149, Number 161 (Friday, November 7, 2003)]
[House]
[Pages H11010-H11118]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CONFERENCE REPORT ON H.R. 2754, ENERGY AND WATER DEVELOPMENT 
                        APPROPRIATIONS ACT, 2004

  Mr. Hobson submitted the following conference report and statement on 
the bill (H.R. 2754) making appropriations for energy and water 
development for the fiscal year ending September 30, 2004, and for 
other purposes:

                  Conference Report (H. Rept. 108-357)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2754) ``making appropriations for energy and water 
     development for the fiscal year ending September 30, 2004, 
     and for other purposes'', having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, 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, aquatic ecosystem 
     restoration, and related purposes.


                         General Investigations

       For expenses necessary for the collection and study of 
     basic information pertaining to river and harbor, flood 
     control, shore protection, aquatic ecosystem restoration, and 
     related projects, restudy of authorized projects, 
     miscellaneous investigations, and, when authorized by law, 
     surveys and detailed studies and plans and specifications of 
     projects prior to construction, $116,949,000, to remain 
     available until expended: Provided, That for the Ohio 
     Riverfront, Cincinnati, Ohio, project, the cost of planning 
     and design undertaken by non-Federal interests shall be 
     credited toward the non-Federal share of project design 
     costs: Provided further, That in conducting the Southwest 
     Valley Flood Damage Reduction Study, Albuquerque, New Mexico, 
     the Secretary of the Army, acting through the Chief of 
     Engineers, shall include an evaluation of flood damage 
     reduction measures that would otherwise be excluded from the 
     feasibility analysis based on policies regarding the 
     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 $100,000 for the continuation and 
     completion of feasibility studies of Kihei Beach, Maui, 
     Hawaii: Provided further, That any recommendations for a 
     National Economic Development Plan shall be accepted 
     notwithstanding the extent of recreation benefits supporting 
     the project features, in view of the fact that recreation is 
     extremely important in sustaining and increasing the economic 
     well-being of the State of Hawaii and the nation.


                         Construction, General

       For the prosecution of river and harbor, flood control, 
     shore protection, aquatic ecosystem restoration, and related 
     projects authorized by law; and detailed studies, and plans 
     and 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), $1,722,319,000, 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 rehabilitation costs for Lock 
     and Dam 11, Mississippi River, Iowa; Lock and Dam 19, 
     Mississippi River, Iowa; Lock and Dam 24, Mississippi River, 
     Illinois and Missouri; and Lock and Dam 3, Mississippi River, 
     Minnesota: Provided, That using $9,280,000 of the funds 
     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 $750,000 
     of the funds provided herein to continue construction of the 
     Hawaii Water Management Project: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to use $2,500,000 of the funds appropriated 
     herein to continue construction of the navigation project at 
     Kaumalapau Harbor, Hawaii: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to use $6,000,000 of the funds provided herein 
     for the Dam Safety and Seepage/Stability Correction Program 
     to continue construction of seepage control features and to 
     design and construct repairs to the tainter gates at 
     Waterbury Dam, Vermont: Provided further, That the Secretary 
     of the Army, acting through the Chief of 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 funds appropriated in this 
     Act for the preservation and restoration of the Florida 
     Everglades shall be made available for expenditure unless: 
     (1) the Secretary of the Army, not later than 30 days 
     after the date of enactment of this Act, transmits to the 
     State of Florida and the Committees on Appropriations of 
     the House of Representatives and the Senate a report 
     containing a finding and supporting materials indicating 
     that the waters entering the A.R.M. Loxahatchee National 
     Wildlife Refuge and Everglades National Park do not meet 
     the water quality requirements set forth in the Consent 
     Decree entered in United States v. South Florida Water 
     Management District; (2) the State fails to submit a 
     satisfactory plan to bring the waters into compliance with 
     the water quality requirements within 45 days of the date 
     of the report; (3) the Secretary transmits to the State 
     and the Committees a follow-up report containing a finding 
     that the State has not submitted such a plan; and (4) 
     either the Committee on Appropriations of the House of 
     Representatives or the Senate issues a written notice 
     disapproving of further expenditure of the funds: Provided 
     further, That the Secretary of the Army shall provide the 
     State of Florida with notice and an opportunity to respond 
     to any determination of the Secretary under the preceding 
     proviso before the determination becomes final: Provided 
     further, That the Secretary of the Army, acting through 
     the Chief of Engineers, is directed to use $17,000,000 of 
     the funds appropriated herein to proceed with planning, 
     engineering, design or construction of the Grundy, 
     Buchanan County, and Dickenson County, Virginia, elements 
     of the Levisa and Tug Forks of the Big Sandy River and 
     Upper Cumberland River Project: Provided further, That the 
     Secretary of the

[[Page H11011]]

     Army, acting through the Chief of Engineers, is directed 
     to use $5,400,000 of the funds appropriated herein to 
     proceed with the planning, engineering, design or 
     construction of the Lower Mingo County, Upper Mingo 
     County, Wayne County, McDowell County, West Virginia, 
     elements of the Levisa and Tug Forks of the Big Sandy 
     River and Upper 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 use $33,400,000 of the funds 
     appropriated herein for the Clover Fork, City of 
     Cumberland, Town of Martin, Pike County (including Levisa 
     Fork and Tug Fork Tributaries), Bell County, Harlan County 
     in accordance with the Draft Detailed Project Report dated 
     January 2002, Floyd County, Martin County, Johnson County, 
     and Knox County, Kentucky, detailed project report, 
     elements of the Levisa and Tug Forks of the Big Sandy 
     River and Upper Cumberland River: Provided further, That 
     the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to use funds appropriated for the 
     navigation project, Tampa Harbor, Florida, to carry out, 
     as part of the project, 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 $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: Provided 
     further, That during preparation of the environmental 
     impact statement, the Secretary may establish a scientific 
     advisory body consisting of the Virginia Institute of 
     Marine Science, the University of Maryland, and other 
     appropriate research institutions to review the 
     sufficiency of the environmental impact statement: 
     Provided further, That in addition, the Secretary shall 
     give 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: Provided further, That 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: Provided further, 
     That the non-Federal sponsors may meet their 50 percent 
     matching cost share through in-kind services: Provided 
     further, That the Secretary determines that work performed 
     by the non-Federal sponsors is reasonable, allowable, 
     allocable, and integral to the development of the 
     environmental impact statement: Provided further, That the 
     Secretary of the Army, acting through the Chief of 
     Engineers, is directed to construct the Miami Harbor 
     project, as recommended in the Miami Harbor Letter Report 
     dated August 2002, as revised February 2003: Provided 
     further, That using $500,000 of the funds appropriated 
     herein, the Secretary of the Army, acting through the 
     Chief of Engineers, is authorized and directed to plan, 
     design, and initiate reconstruction of the Cape Girardeau, 
     Missouri, project, originally authorized by the Flood 
     Control Act of 1950, at an estimated total cost of 
     $9,000,000, with cost sharing on the same basis as cost 
     sharing for the project as originally authorized, if the 
     Secretary determines that the reconstruction is 
     technically sound and environmentally acceptable: Provided 
     further, That the planned reconstruction shall be based on 
     the most cost-effective engineering solution and shall 
     require no further economic justification: 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.


 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, $324,222,000, to 
     remain available until expended: Provided, That the Secretary 
     of the Army, acting through the Chief of Engineers, using 
     $12,000,000 of the funds provided herein, is directed to 
     continue design and real estate activities and to initiate 
     the pump supply contract for the Yazoo Basin, Yazoo Backwater 
     Pumping Plant, Mississippi: Provided 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 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 U.S. 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, $1,967,925,000, to remain available until 
     expended, of which such sums as become available in the 
     Harbor Maintenance Trust Fund, pursuant to Public Law 99-662 
     may be derived from that fund, and of which such sums as 
     become available from the special account for the U.S. 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 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 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 
     dredged material along the Laguna Madre portion of the Gulf 
     Intracoastal Waterway except at the placement areas specified 
     in the Dredged Material Management Plan in section 2.11 of 
     the Final Environmental Impact Statement for Maintenance 
     Dredging of the Gulf Intracoastal Waterway, Laguna Madre, 
     Texas, Nueces, Kleberg, Kenedy, Willacy, and Cameron 
     Counties, Texas, prepared by the Corps of Engineers dated 
     September 2003: Provided further, That nothing in the above 
     proviso shall prevent the Corps of Engineers from performing 
     necessary maintenance operations along the Gulf Intracoastal 
     Waterway if the following conditions are met: if the Corps 
     proposes to use any placement areas that are not currently 
     specified in the Dredged Material Management Plan and failure 
     to use such alternative placement areas will result in the 
     closure of any segment of the Gulf Intracoastal Waterway, 
     then such proposal shall be analyzed in an Environmental 
     Impact Statement (EIS) and comply with all other applicable 
     requirements of the National Environmental Policy Act, 42 
     U.S.C. 4321, et seq., and all other applicable State and 
     Federal laws, including the Clean Water Act, 33 U.S.C. 1251 
     et seq., the Endangered Species Act, 16 U.S.C. 1531 et seq., 
     and the Coastal Zone Management Act, 16 U.S.C. 1451 et seq.: 
     Provided further, That $15,000,000 is provided to be used by 
     the Secretary of the Army, acting through the Chief of 
     Engineers, to repair, restore, and clean up projects and 
     facilities of the Corps of Engineers and dredge navigation 
     channels, restore and clean out area streams, provide 
     emergency stream bank protection, restore other crucial 
     public infrastructure (including water and sewer facilities), 
     document flood impacts, and undertake other flood recovery 
     efforts considered necessary by the Chief of Engineers: 
     Provided further, That the Secretary of the Army is directed 
     to use $75,000 of the funds appropriated herein to remove the 
     weir feature of the project for flood damage reduction, 
     Mayfield Creek and Tributaries, Kentucky, constructed 
     pursuant to section 205 of the Flood Control Act of 1948 (33 
     U.S.C. 701s), without any further environmental or economic 
     analysis or study: Provided further, That the Secretary of 
     the Army, acting through the Chief of Engineers, is directed 
     to use $250,000 of the funds appropriated herein for sediment 
     removal and dam repair at Junaluska, North Carolina.


                           Regulatory Program

       For expenses necessary for administration of laws 
     pertaining to regulation of navigable waters and wetlands, 
     $140,000,000, to remain available until expended.


            Formerly Utilized Sites Remedial Action Program

       For expenses necessary to clean up contamination from sites 
     in the United States resulting from work performed as part of 
     the Nation's early atomic energy program, $140,000,000, to 
     remain available until expended.

[[Page H11012]]

                            General Expenses

       For expenses necessary for general administration and 
     related civil works functions in the headquarters of the U.S. 
     Army Corps of Engineers, the offices of the Division 
     Engineers, the Humphreys Engineer Center Support Activity, 
     the Institute for Water Resources, the U.S. Army Engineer 
     Research and Development Center, and the U.S. Army Corps 
     of Engineers 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 or any 
     other Act may be used by the United States Army Corps of 
     Engineers to support activities related to the proposed Ridge 
     Landfill in Tuscarawas County, Ohio.
       Sec. 103. None of the funds appropriated in this Act, or 
     any other Act, shall be used to demonstrate or implement any 
     plans divesting or transferring of any Civil Works missions, 
     functions, or responsibilities for 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 (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.


        naming of lock and dam 3, allegheny river, pennsylvania

       Sec. 106. (a) Designation.--Lock and dam numbered 3 on the 
     Allegheny River, Pennsylvania, shall be known and designated 
     as the ``C.W. Bill Young Lock and Dam''.
       (b) Legal References.--A reference in any law, regulation, 
     document, record, map, or other paper of the United States to 
     the lock and dam referred to in subsection (a) shall be 
     deemed to be a reference to the ``C.W. Bill Young Lock and 
     Dam''.
       Sec. 107. The Secretary of the Army may utilize continuing 
     contracts in carrying out the studying, planning, or 
     designing of a water resources project prior to the 
     authorization of the project for construction.
       Sec. 108. The Secretary is authorized to remove and dispose 
     of oil bollards and associated debris in Burlington Harbor, 
     Vermont.
       Sec. 109. Kake Dam Replacement, Kake, Alaska Technical 
     Corrections. Section 105, Public Law 106-377, is amended by 
     striking ``$7,000,000'' and inserting ``$11,000,000 at full 
     Federal expense''.
       Sec. 110. Deauthorization of Project for Navigation, 
     Pawtuxet Cove, Rhode Island. (a) In General.--The portions of 
     the project for navigation, Pawtuxet Cove, Rhode Island, 
     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. 111. (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. 112. The amount of $2,000,000 previously provided 
     under the heading ``Construction, General'' in title I of the 
     Energy and Water Development Appropriations Act, 2003, 
     division D of Public Law 108-7, is to be used to provide 
     technical assistance at full Federal expense, to Alaskan 
     communities to address the serious impacts of coastal 
     erosion.
       Sec. 113. St. Georges Bridge, Delaware. None of the funds 
     made available in this Act may be used to carry out any 
     activity relating to closure or removal of the St. Georges 
     Bridge across the Intracoastal Waterway, Delaware River to 
     Chesapeake Bay, Delaware and Maryland, including a hearing or 
     any other activity relating to preparation of an 
     environmental impact statement concerning the closure or 
     removal.
       Sec. 114. Section 214(a) of Public Law 106-541 is amended 
     by striking ``2003'' and inserting ``2005''.
       Sec. 115. The Secretary of the Army, acting through the 
     Chief of Engineers, shall direct construction of Alternative 
     1 (Northeast Corner) for the project authorized in section 
     353 of Public Law 105-277 notwithstanding any other provision 
     of law.
       Sec. 116. The Secretary of the Army, acting through the 
     Chief of Engineers, is authorized to undertake appropriate 
     planning, design, and construction measures for wildfire 
     prevention and 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.
       Sec. 117. Section 595 of the Water Resources Development 
     Act of 1999 (113 Stat. 383; 117 Stat. 142) is amended--
       (1) by striking the section heading and inserting the 
     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,

[[Page H11013]]

     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. 118. Section 560(f) of Public Law 106-53 is amended by 
     striking ``$5,000,000'' and inserting ``$7,500,000''.
       Sec. 119. Section 219(f) of the Water Resources Development 
     Act of 1992 (Public Law 102-580; 106 Stat. 4835), as amended 
     by section 502(b) of the Water Resources Development Act of 
     1999 (Public Law 106-53; 113 Stat. 335) and section 108(d) of 
     title I of division B of the Miscellaneous Appropriations 
     Act, 2001 (as enacted by Public law 106-554; 114 Stat. 2763A-
     220), is further amended by adding at the end the following:
       ``(71) Coronado, california.--$10,000,000 is authorized for 
     wastewater infrastructure, Coronado, California.''.
       Sec. 120. Section 592(g) of the Water Resources Development 
     Act of 1999 (Public Law 106-53; 113 Stat. 380) is amended by 
     striking ``$25,000,000 for the period beginning with fiscal 
     year 2000'' and inserting ``$100,000,000''.
       Sec. 121. Park River, Grafton, North Dakota. Section 364(5) 
     of the Water Resources Development Act of 1999 (113 Stat. 
     314) is amended--
       (1) by striking ``$18,265,000'' and inserting 
     ``$21,075,000''; and
       (2) by striking ``$9,835,000'' and inserting 
     ``$7,025,000''.
       Sec. 122. Schuylkill River Park, Philadelphia, 
     Pennsylvania. The Secretary of the Army shall provide 
     technical, planning, design, and construction assistance for 
     Schuylkill River Park, Philadelphia, Pennsylvania, in 
     accordance with section 564(c) of the Water Resources 
     Development Act of 1996 (Public Law 104-303; 110 Stat. 3785), 
     as contained in the February 2003 report of the Philadelphia 
     District based on regional economic development benefits, at 
     a Federal share of 50 percent and a non-Federal share of 50 
     percent.
       Sec. 123. Gwynns Falls Watershed, Baltimore, Maryland. The 
     Secretary of the Army shall implement the project for 
     ecosystem restoration, Gwynns Falls, Maryland, in accordance 
     with the Baltimore Metropolitan Water Resources-Gwynns Falls 
     Watershed Feasibility Report prepared by the Corps of 
     Engineers and the City of Baltimore, Maryland.
       Sec. 124. Snake River Confluence Interpretative Center, 
     Clarkston, Washington. (a) In General.--The Secretary of the 
     Army, acting through the Chief of Engineers (referred to in 
     this section as the ``Secretary'') is authorized and shall 
     carry out a project to plan, design, construct, furnish, and 
     landscape a federally owned and operated Collocated Civil 
     Works Administrative Building and Snake River Confluence 
     Interpretative Center, as described in the Snake River 
     Confluence Center Project Management Plan.
       (b) Location.--The project--
       (1) shall be located on Federal property at the confluence 
     of the Snake River and the Clearwater River, near Clarkston, 
     Washington; and
       (2) shall be considered to be a capital improvement of the 
     Clarkston office of the Lower Granite Project.
       (c) Existing Structures.--In carrying out the project, the 
     Secretary may demolish or relocate existing structures.
       (d) Cost Sharing.--
       (1) Total cost.--The total cost of the project shall not 
     exceed $3,500,000 (excluding interpretative displays).
       (2) Federal share.--The Federal share of the cost of the 
     project shall be $3,000,000.
       (3) Non-federal share.--
       (A) In general.--The non-Federal share of the cost of the 
     project--
       (i) shall be $500,000; and
       (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. 125. Flood Damage Reduction, Mill Creek, Cincinnati, 
     Ohio. The Secretary of the Army is directed to complete the 
     General Reevaluation Report on the Mill Creek, Ohio, project 
     within 15 months of enactment of this Act at 100 percent 
     Federal cost. The report shall provide plans for flood damage 
     reduction throughout the basin equivalent to and commensurate 
     with that afforded by the authorized, partially implemented, 
     Mill Creek, Ohio, Flood Damage Reduction Project, as 
     authorized in section 201 of the Flood Control Act of 1970 
     (Public Law 91-611).
       Sec. 126. Lakes Marion and Moultrie, South Carolina. 
     Section 219(f)(25) of the Water Resources Development Act of 
     1992 (113 Stat. 336; 114 Stat. 2763A-220) is amended--
       (1) by striking ``$15,000,000'' and inserting 
     ``$35,000,000''; and
       (2) by inserting ``wastewater treatment and'' before 
     ``water supply''.
       Sec. 127. Section 219(f) of the Water Resources Development 
     Act of 1992 (106 Stat. 4835; 113 Stat. 335-337; 114 Stat. 
     2763A-220-221) is amended by adding at the end the following: 
     ``Charleston, South Carolina.--$5,000,000 for wastewater 
     infrastructure, including wastewater collection systems, 
     Charleston, South Carolina.''.
       Sec. 128. American River Watershed, California. (a) In 
     General.--The Secretary of the Army is authorized to carry 
     out the project for flood damage reduction and environmental 
     restoration, American River Watershed, California, 
     substantially in accordance with the plans, and subject to 
     the conditions, described in the Report of the Chief of 
     Engineers dated November 5, 2002, at a total cost of 
     $257,300,000, with an estimated Federal cost of $201,200,000 
     and an estimated non-Federal cost of $56,100,000; except that 
     the Secretary is authorized to accept funds from State and 
     local governments and other Federal agencies for the purpose 
     of constructing a permanent bridge instead of the temporary 
     bridge described in the recommended plan and may construct 
     such permanent bridge if all additional costs for such 
     bridge, above the $36,000,000 provided for in the recommended 
     plan for bridge construction, are provided by such 
     governments or agencies.
       (b) Expediting Bridge Design and Construction.--The 
     Secretary, in cooperation with appropriate non-Federal 
     interests, shall immediately commence appropriate studies 
     for, and the design of, a permanent bridge (including an 
     evaluation of potential impacts of bridge construction on 
     traffic patterns and identification of alternatives for 
     mitigating such impacts) and, upon execution of a cost-
     sharing agreement with such non-Federal interests, shall 
     proceed to construction of the bridge as soon as practicable; 
     except that such studies, design, and construction shall not 
     adversely affect the schedule of design or construction of 
     authorized projects for flood damage reduction.
       Sec. 129. American and Sacramento Rivers, California. The 
     project for flood damage reduction, American and Sacramento 
     Rivers, California, authorized by section 101(a)(1) of the 
     Water Resources Development Act of 1996 (110 Stat. 3662-3663) 
     and modified by section 366 of the Water Resources 
     Development Act of 1999 (113 Stat. 319-320), is further 
     modified to direct the Secretary to carry out the project, at 
     a total cost of $205,000,000.
       Sec. 130. Placer and El Dorado Counties, California. (a) 
     Establishment of Program.--The Secretary of the Army may 
     establish a program to provide environmental assistance to 
     non-Federal interests in Placer and El Dorado Counties, 
     California.
       (b) Form of Assistance.--Assistance under this section may 
     be in the form of design and construction assistance to 
     improve the efficiency and use of existing water supplies in 
     Placer and El Dorado Counties through water and wastewater 
     projects, programs, and infrastructure.
       (c) Ownership Requirement.--The Secretary may provide 
     assistance for a project under this section only if the 
     project is publicly owned.
       (d) Partnership Agreements.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a partnership 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each partnership agreement entered into 
     under this subsection shall provide for the following:
       (A) Plan.--Development by the Secretary, in consultation 
     with appropriate Federal and State officials, of a facilities 
     or resource protection and development plan, including 
     appropriate engineering plans and specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.
       (3) Cost sharing.--
       (A) In general.--The Federal share of the project costs 
     under each partnership agreement entered into under this 
     subsection shall be 75 percent. The Federal share may be in 
     the form of grants or reimbursements of project costs.
       (B) Credit for work.--The non-Federal interests shall 
     receive credit for the reasonable cost of design work on a 
     project completed by the non-Federal interest before entering 
     into a partnership agreement with the Secretary for such 
     project.
       (C) Credit for interest.--In case of a delay in the funding 
     of the non-Federal share of a project that is the subject of 
     an agreement under this section, the non-Federal interest 
     shall receive credit for reasonable interest incurred in 
     providing the non-Federal share of the project's costs.
       (D) Land, easements, and rights-of-way credit.--The non-
     Federal interest shall receive credit for land, easements, 
     rights-of-way, and relocations toward the non-Federal share 
     of project costs (including all reasonable costs associated 
     with obtaining permits necessary for the construction, 
     operation, and maintenance of the project on publicly owned 
     or controlled land), but not to exceed 25 percent of total 
     project costs.
       (E) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (e) Applicability of Other Federal and State Laws.--Nothing 
     in this section waives, limits, or otherwise affects the 
     applicability of any provision of Federal or State law that 
     would otherwise apply to a project to be carried out with 
     assistance provided under this section.
       (f) Nonprofit Entities.--Notwithstanding section 221(b) of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for 
     any project undertaken under this section, a non-Federal 
     interest may include a nonprofit entity with the consent of 
     the affected local government.
       (g) Corps of Engineers Expenses.--Ten percent of the 
     amounts appropriated to carry out

[[Page H11014]]

     this section may be used by the Corps of Engineers district 
     offices to administer projects under this section at 100 
     percent Federal expense.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $40,000,000. 
     Such sums shall remain available until expended.
       Sec. 131. Sacramento Area, California. Section 219(f)(23) 
     of the Water Resources Development Act of 1992 (106 Stat. 
     4835-4836; 113 Stat. 336) is amended by striking 
     ``$25,000,000'' and inserting ``$35,000,000''.
       Sec. 132. Upper Klamath Basin, California. (a) Definition 
     of Upper Klamath Basin.--In this section, the term ``Upper 
     Klamath Basin'' means the counties of Klamath, Oregon, and 
     Siskiyou and Modoc, California.
       (b) Establishment of Program.--The Secretary of the Army 
     may establish a program to provide environmental assistance 
     to non-Federal interests in the Upper Klamath Basin.
       (c) Form of Assistance.--Assistance under this section may 
     be in the form of design and construction assistance to 
     improve the efficiency and use of existing water supplies in 
     the Upper Klamath Basin through water and wastewater and 
     ecosystem restoration projects, programs, and infrastructure.
       (d) Ownership Requirement.--The Secretary may provide 
     assistance for a project under this section only if the 
     project is publicly owned.
       (e) Partnership Agreements.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a partnership 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each partnership agreement entered into 
     under this subsection shall provide for the following:
       (A) Plan.--Development by the Secretary, in consultation 
     with appropriate Federal and State officials, of a facilities 
     or resource protection and development plan, including 
     appropriate engineering plans and specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.
       (3) Cost sharing.--
       (A) In general.--The Federal share of the project costs 
     under each partnership agreement entered into under this 
     subsection shall be 75 percent. The Federal share may be in 
     the form of grants or reimbursements of project costs.
       (B) Credit for work.--The non-Federal interests shall 
     receive credit for the reasonable cost of design work on a 
     project completed by the non-Federal interest before entering 
     into a partnership agreement with the Secretary for such 
     project.
       (C) Credit for interest.--In case of a delay in the funding 
     of the non-Federal share of a project that is the subject of 
     an agreement under this section, the non-Federal interest 
     shall receive credit for reasonable interest incurred in 
     providing the non-Federal share of the project's costs.
       (D) Land, easements, and rights-of-way credit.--The non-
     Federal interest shall receive credit for land, easements, 
     rights-of-way, and relocations toward the non-Federal share 
     of project costs (including all reasonable costs associated 
     with obtaining permits necessary for the construction, 
     operation, and maintenance of the project on publicly owned 
     or controlled land), but not to exceed 25 percent of total 
     project costs.
       (E) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (f) Applicability of Other Federal and State Laws.--Nothing 
     in this section waives, limits, or otherwise affects the 
     applicability of any provision of Federal or State law that 
     would otherwise apply to a project to be carried out with 
     assistance provided under this section.
       (g) Nonprofit Entities.--Notwithstanding section 221(b) of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for 
     any project undertaken under this section, a non-Federal 
     interest may include a nonprofit entity with the consent of 
     the affected local government.
       (h) Corps of Engineers Expenses.--Ten percent of the 
     amounts appropriated to carry out this section may be used by 
     the Corps of Engineers district offices to administer 
     projects under this section at 100 percent Federal expense.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000. 
     Such sums shall remain available until expended.
       Sec. 133. Additional Assistance for Critical Projects. 
     Section 219(f) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 335-337; 114 Stat. 2763A-220-221) 
     is amended by adding at the end the following:
       ``(71) Placer and el dorado counties, california.--
     $35,000,000 to improve the efficiency and use of existing 
     water supplies in Placer and El Dorado Counties, California, 
     through water and wastewater projects, programs, and 
     infrastructure.
       ``(72) Lassen, plumas, butte, sierra, and nevada counties, 
     california.--$25,000,000 to improve the efficiency and use of 
     existing water supplies in the counties of Lassen, Plumas, 
     Butte, Sierra, and Nevada, California, through water and 
     waste water projects, programs, and infrastructure.''.
       Sec. 134. Bridge Authorization. There is authorized to be 
     appropriated $30,000,000 for the construction of the 
     permanent bridge described in section 128(a).
       Sec. 135. Section 504(a)(2) of the Water Resources 
     Development Act of 1999 (113 Stat. 338) is amended by 
     striking ``Kehly Run Dam'' and inserting ``Kehly Run Dams''.
       Sec. 136. The McClellan-Kerr Arkansas River navigation 
     project, authorized under the comprehensive plan for the 
     Arkansas River Basin by section 3 of the Act entitled ``An 
     Act authorizing the construction of certain public works on 
     rivers and harbors for flood control, and for other 
     purposes'', approved June 28, 1938 (52 Stat. 1218) and 
     section 10 of the Flood Control Act of 1946 (60 Stat. 647) 
     and where applicable the provisions of the River and Harbor 
     Act of 1946 (60 Stat. 634) and modified by section 108 of the 
     Energy and Water Development Appropriations Act, 1988 (101 
     Stat. 1329-112), is further modified to authorize a project 
     depth of 12 feet.
       Sec. 137. The Secretary shall provide credit to the non-
     Federal sponsor for preconstruction engineering and design 
     work performed by the non-Federal sponsor for the 
     environmental dredging project at Ashtabula River, Ohio, 
     prior to execution of a Project Cooperation Agreement.
       Sec. 138. Gateway Point, North Tonawanda, New York. The 
     Secretary shall review the shoreline stabilization, 
     recreation, and public access components of the feasibility 
     report for waterfront development at Gateway Point, North 
     Tonawanda, New York, entitled ``City of North Tonawanda, 
     Gateway Point Feasibility'', dated February 6, 2003, and 
     prepared by the non-Federal interest and, if the Secretary 
     determines that those components meet the evaluation and 
     design standards of the Corps of Engineers and that the 
     components are feasible, may carry out the components at a 
     Federal cost not to exceed $3,300,000.
       Sec. 139. Chicago River and Harbor Illinois. Those portions 
     of the projects for navigation, Chicago River and Chicago 
     Harbor, authorized by the River and Harbor Act of March 3, 
     1899, (30 Stat. 1129) extending 50 feet riverward of the 
     existing dock wall on the south side of the channel from Lake 
     Street to Franklin Street and 25 feet riverward of the 
     existing dock wall on the south side of the channel from 
     Franklin Street to Wabash Avenue, and those areas within 20 
     feet of the bridge abutments on the south side of the channel 
     for the length of the protection bridge piers from the 
     Franklin Street Bridge to the Michigan Avenue Bridge shall no 
     longer be authorized after the date of enactment of this Act.
       Sec. 140. San Francisco, California. Capital Improvement 
     Project.--
       (1) Establishment of office.--The Secretary shall establish 
     a centralized office at the office of the district engineer, 
     San Francisco, California, for the use of all Federal and 
     State agencies that are or will be involved in issuing 
     permits and conducting environmental reviews for the capital 
     improvement project to repair and upgrade the water supply 
     and delivery system for the city of San Francisco.
       (2) Contributions.--The Secretary may use the authority 
     under section 214 of the Water Resources Development Act of 
     2000 (33 U.S.C. 2201 note) for the project described in 
     paragraph (1).
       (3) Protection of impartial decisionmaking.--In carrying 
     out this section, the Secretary and the heads of Federal 
     agencies receiving funds under such section 214 for the 
     project described in paragraph (1) shall ensure that the use 
     of the funds accepted under such section for such project 
     will not impact impartial decision making with respect to the 
     issuance of permits, either substantively or procedurally, or 
     diminish, modify, or otherwise affect the statutory or 
     regulatory authorities of such agencies.
       Sec. 141. Wolf Lake, Indiana. The project for aquatic 
     ecosystem restoration, Wolf Lake, Indiana, being carried out 
     under section 206 of the Water Resources Development Act of 
     1996 (33 U.S.C. 2330), is modified to direct the Secretary to 
     credit toward the non-Federal share of the cost of the 
     project the cost of planning, design, and construction work 
     carried out by the non-Federal interest before the date of 
     the project cooperation agreement for the project if the 
     Secretary determines that the work is integral to the 
     project.
       Sec. 142. Cook County, Illinois. The Secretary of the Army 
     is directed to credit up to $80,000 for design work completed 
     by non-Federal interests, prior to and after the signing of 
     the project cooperation agreement, toward the non-Federal 
     share of the project for Calumet and Burr Oaks Schools Sewer 
     Improvements, Cook County, Illinois, authorized by section 
     219(f)(54) of the Water Resources Development Act of 1992 
     (Public Law 102-580, as amended), if the Secretary determines 
     that the work is integral to the project.
       Sec. 143. Los Angeles Harbor, Los Angeles, California. The 
     project for navigation, Los Angeles Harbor, Los Angeles, 
     California, authorized by section 101(b)(5) of the Water 
     Resources Development Act of 2000 (114 Stat. 2577), is 
     modified to direct the Secretary to credit toward the non-
     Federal share of the cost of the project the cost of the 
     planning, design, and construction work carried out by the 
     non-Federal interest before the date of the partnership 
     agreement for the project if the Secretary determines the 
     work is integral to the project.
       Sec. 144. San Lorenzo River, California. The project for 
     flood control, San Lorenzo River, California, authorized by 
     section 101(a)(5) of the Water Resources Development Act of 
     1996 (110 Stat. 3663), is modified to direct the Secretary to 
     credit not more than $2,000,000 toward the non-Federal share 
     of the cost of the project for the cost of the work carried 
     out by the non-Federal interest before the date of the 
     project cooperation agreement for the project if the 
     Secretary determines the work is integral to the project.
       Sec. 145. Calumet Region, Indiana. Section 219(f)(12) of 
     the Water Resources Development Act of 1992 (113 Stat. 335) 
     is amended--
       (1) by striking ``$10,000,000'' and inserting 
     ``$30,000,000''; and
       (2) by striking ``Lake and Porter'' and inserting ``Benton, 
     Jasper, Lake, Newton, and Porter''.
       Sec. 146. The Secretary of the Army, acting through the 
     Chief of Engineers, is authorized to

[[Page H11015]]

     construct the project for flood control, Meramec River Basin, 
     Valley Park Levee, Missouri, originally authorized by Public 
     Law 97-128 (95 Stat. 1682) and modified by section 1128 of 
     WRDA 1986 and section 333 of WRDA 1999, at a maximum Federal 
     expenditure of $50,000,000.
       Sec. 147. The project for flood control, Saw Mill Run, 
     Pennsylvania, authorized by section 401(a) of Public Law 99-
     662 (100 Stat. 4124) and modified by section 301(a) of Public 
     Law 104-303 (110 Stat. 3708), is further modified to 
     authorize the Secretary to carry out the project at a total 
     cost of $22,000,000, with an estimated Federal cost of 
     $16,500,000 and an estimated non-Federal cost of $5,500,000.
       Sec. 148. The project for flood control, Roanoke River 
     Upper Basin, Virginia, authorized by section 401(a) of Public 
     Law 99-662 (100 Stat. 4126), is further modified to authorize 
     the Secretary to construct the project at a total cost of 
     $61,700,000, with an estimated Federal cost of $43,000,000 
     and an estimated non-Federal cost of $18,700,000.
       Sec. 149. The project for harbor deepening, Brunswick 
     Harbor, Georgia, authorized by section 101(a)(19), Public Law 
     106-53, and amended by the fiscal year 2003 Consolidated 
     Appropriations Act, Public Law 108-7, is further modified to 
     authorize the Secretary to construct the project at a total 
     cost of $96,276,000 with an estimated Federal cost of 
     $61,709,000 and an estimated non-Federal cost of $34,567,000.
       Sec. 150. The project for flood control, Lackawanna River 
     at Olyphant, Pennsylvania, authorized by section 101(16) of 
     Public Law 102-580 (106 Stat. 4797), is modified to authorize 
     the Secretary to carry out the project at a total cost of 
     $23,000,000, with an estimated Federal cost of $17,250,000 
     and an estimated non-Federal cost of $5,750,000.
       Sec. 151. Perry Creek, Iowa. The project for flood 
     protection, Perry Creek Flood Control Project, Sioux City, 
     Iowa, authorized under section 401(a) of the Water Resources 
     Development Act of 1986, is modified to increase the project 
     authorization to $96,870,000 (Federal cost of $58,677,000 and 
     non-Federal cost of $38,193,000).
       Sec. 152. Elizabeth River, Chesapeake, Virginia. Section 
     358 of Public Law 106-53 is modified by striking ``September 
     30, 1999,'' and inserting ``May 1, 1997,''.
       Sec. 153. Section 219(f) of the Water Resources Development 
     Act of 1992 is amended by adding at the end the following:
       ``(71) $6,430,000 for environmental infrastructure for 
     Indianapolis, Indiana;''.
       Sec. 154. Mississippi River and Big Muddy River, Illinois. 
     (a) In General.--The project for flood control, Mississippi 
     River and Big Muddy River, Illinois, authorized by the Flood 
     Control Act of 1938, is modified to authorize the Secretary 
     to carry out repair and rehabilitation of the project at a 
     total cost of $22,600,000, with an estimated Federal cost of 
     $16,950,000 and an estimated non-Federal cost of $5,650,000, 
     and to perform operation and maintenance of the project 
     thereafter.
       (b) Other Assistance.--Federal assistance made available 
     through the Department of Agriculture may be used toward 
     payment of the non-Federal share of the costs of the repair 
     and rehabilitation under this section.
       (c) United States Lands.--Costs under this section for the 
     repair and rehabilitation allocable to the protection of 
     lands owned by the United States shall be a Federal 
     responsibility. The Secretary shall seek reimbursement from 
     the Secretary of Agriculture for the costs allocated to 
     protecting lands owned by the Department of Agriculture.
       (d) Operation and Maintenance of Non-Federal Lands.--The 
     cost of operation and maintenance under this section 
     allocated to protecting non-Federal lands shall be a non-
     Federal responsibility.
       Sec. 155. Moss Lake, Louisiana. The Secretary of the Army, 
     acting through the Chief of Engineers, is authorized to carry 
     out a project to restore lake depths at Moss Lake, Louisiana, 
     adjacent to the Calcasieu River and Pass channel at a total 
     project cost of $2,500,000.
       Sec. 156. The project for navigation, Manatee Harbor, 
     Florida, authorized by section 202(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4093), and modified by 
     section 102(j) of the Water Resources Development Act of 1990 
     (104 Stat. 4612), is further modified--
       (1) to include the construction of an extension of the 
     south channel a distance of approximately 1584 feet 
     consistent with the general reevaluation report, dated April 
     2002, prepared by the Jacksonville District Corps of 
     Engineers, at a total cost of $11,300,000, with an estimated 
     Federal cost of $8,475,000 and an estimated non-Federal cost 
     of $2,825,000;
       (2) to direct the Secretary to credit toward the non-
     Federal share of the cost of the project the cost of in-kind 
     services and materials provided for the project by the non-
     Federal interest;
       (3) to direct the Secretary to credit toward the non-
     Federal share of the cost of the project the cost of 
     planning, design, and construction work carried out by the 
     non-Federal interest before the date of the partnership 
     agreement for the project if the Secretary determines that 
     the work is integral to the project; and
       (4) to authorize the Secretary to carry out the project as 
     modified at a total cost of $61,500,000.

     SEC. 157. HARRIS GULLY, HARRIS COUNTY, TEXAS.

       (a) Study.--
       (1) In general.--The Secretary shall conduct a study to 
     determine the feasibility of carrying out a project for flood 
     damage reduction in the Harris Gully watershed, Harris 
     County, Texas, to provide flood protection for the Texas 
     Medical Center, Houston, Texas.
       (2) Use of local studies and plans.--In conducting the 
     study, the Secretary shall use, to the extent practicable, 
     studies and plans developed by the non-Federal interest if 
     the Secretary determines that such studies and plans meet the 
     evaluation and design standards of the Corps of Engineers.
       (3) Completion date.--The Secretary shall complete the 
     study by July 1, 2004.
       (b) Critical Flood Damage Reduction Measures.--The 
     Secretary may carry out critical flood damage reduction 
     measures that the Secretary determines are feasible and that 
     will provide immediate and substantial flood damage reduction 
     benefits in the Harris Gully watershed, at a Federal cost of 
     $7,000,000.
       (c) Credit.--The Secretary shall credit toward the non-
     Federal share of the cost of the project the cost of 
     planning, design, and construction work carried out by the 
     non-Federal interest before the date of the partnership 
     agreement for the project if the Secretary determines that 
     such work is integral to the project.
       (d) Nonprofit Entity.--Notwithstanding section 221 of the 
     Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a nonprofit 
     entity may, with the consent of the local government, serve 
     as a non-Federal interest for the project undertaken under 
     this section.
       Sec. 158. The Secretary may carry out the Reach J, Segment 
     1, element of the project for hurricane and storm damage 
     reduction, Morganza to the Gulf of Mexico, Louisiana, in 
     accordance with the report of the Chief of Engineers, 
     dated August 23, 2002, and supplemental report dated July 
     22, 2003, at a total cost of $4,000,000.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                Central Utah Project Completion Account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, $36,463,000, to remain available 
     until expended, of which $9,423,000 shall be deposited into 
     the Utah Reclamation Mitigation and Conservation Account for 
     use by the Utah Reclamation Mitigation and Conservation 
     Commission.
       In addition, for necessary expenses incurred in carrying 
     out related responsibilities of the Secretary of the 
     Interior, $1,728,000, to remain available until expended.

                         Bureau of Reclamation

       The following appropriations shall be expended to execute 
     authorized functions of the Bureau of Reclamation:


                      Water and Related Resources

                     (INCLUDING TRANSFER OF FUNDS)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance, and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, Indian tribes, and others, 
     $857,498,000, to remain available until expended, of which 
     $51,330,000 shall be available for transfer to the Upper 
     Colorado River Basin Fund and $33,570,000 shall be available 
     for transfer to the Lower Colorado River Basin Development 
     Fund; of which such amounts as may be necessary may be 
     advanced to the Colorado River Dam Fund; and of which not 
     more than $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 $1,000,000 is to be used for completion of the Santa Fe 
     wells project in New Mexico through a cooperative agreement 
     with the City of Santa Fe: Provided further, That $10,000,000 
     of the funds appropriated herein shall be deposited in the 
     San Gabriel Basin Restoration Fund established by section 110 
     of division B, title I of Public Law 106-554, as amended: 
     Provided further, That section 301 of Public Law 102-250, 
     Reclamation States Emergency Drought Relief Act of 1991, as 
     amended, is amended further by inserting ``2003, and 2004'' 
     in lieu of ``and 2003''.


               Bureau of Reclamation Loan Program Account

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

[[Page H11016]]

     the water is already committed to in-stream purposes by a 
     court adopted decree or order.


                       POLICY AND ADMINISTRATION

       For necessary expenses of policy, administration, and 
     related functions in the office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until expended, 
     $55,525,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377: Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses.


                          Working Capital Fund

                              (rescission)

       From unobligated balances under this heading, $4,525,000 
     are rescinded.


                        Administrative Provision

       Appropriations for the Bureau of Reclamation shall be 
     available for purchase of not to exceed 14 passenger motor 
     vehicles, of which 12 are for replacement only.

                           General Provisions


                       DEPARTMENT OF THE INTERIOR

       Sec. 201. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the 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.
       Sec. 203. Subsection 206(b) of Public Law 101-514 is 
     amended as follows: In paragraph (1), strike ``, with annual 
     quantities delivered under these contracts to be determined 
     by the Secretary based upon the quantity of water actually 
     needed within the Sacramento County Water Agency service area 
     and San Juan Suburban Water District after considering 
     reasonable efforts to: (i) promote full utilization of 
     existing water entitlements within Sacramento County; (ii) 
     implement water conservation and metering programs within the 
     areas served by the contract; and (iii) implement programs to 
     maximize to the extent feasible conjunctive use of surface 
     water and groundwater''.
       Sec. 204. The Secretary of the Interior is authorized and 
     directed to amend the Central Valley Project water supply 
     contracts of the Sacramento County Water Agency and the San 
     Juan Suburban Water District by deleting a provision 
     requiring a determination of annual water needs included 
     pursuant to section 206 of Public Law 101-514.
       Sec. 205. Lower Colorado River Basin Development. (a) In 
     General.--Notwithstanding section 403(f) of the Colorado 
     River Basin Project Act (43 U.S.C. 1543(f)), no amount from 
     the Lower Colorado River Basin Development Fund shall be paid 
     to the general fund of the Treasury until each provision of 
     the revised Stipulation Regarding a Stay and for Ultimate 
     Judgment Upon the Satisfaction of Conditions, filed in United 
     States District Court on April 24, 2003, in Central Arizona 
     Water Conservation District v. United States (No. CIV 95-625-
     TUC-WDB (EHC), No. CIV 95-1720-OHX-EHC (Consolidated 
     Action)), and any amendment or revision thereof, is met.
       (b) Payment to General Fund.--If any of the provisions of 
     the stipulation referred to in subsection (a) are not met by 
     the date that is 10 years after the date of enactment of this 
     Act, payments to the general fund of the Treasury shall 
     resume in accordance with section 403(f) of the Colorado 
     River Basin Project Act (43 U.S.C. 1543(f)).
       (c) Authorization.--Amounts in the Lower Colorado River 
     Basin Development Fund that but for this section would be 
     returned to the general fund of the Treasury shall not be 
     expended until further Act of Congress.
       Sec. 206. The second paragraph under the heading 
     ``Administrative Provisions'' in Public Law 102-377 (43 
     U.S.C. 377b) is amended by inserting ``, not to exceed 
     $5,000,000 for each causal event giving rise to a claim or 
     claims'' after ``activities of the Bureau of Reclamation''.
       Sec. 207. Funds under this title for Drought Emergency 
     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. 208. (a) Notwithstanding any other provision of law, 
     the Secretary of the Interior, acting through the 
     Commissioner of the Bureau of Reclamation, may not obligate 
     funds appropriated for the current fiscal year or any prior 
     Energy and Water Development Appropriations Act, or funds 
     otherwise made available to the Commissioner of the Bureau of 
     Reclamation, and may not use discretion, if any, to restrict, 
     reduce or reallocate any water stored in Heron Reservoir or 
     delivered pursuant to San Juan-Chama Project contracts, 
     including execution of said contracts facilitated by the 
     Middle Rio Grande Project, to meet the requirements of the 
     Endangered Species Act, unless such water is acquired or 
     otherwise made available from a willing seller or lessor and 
     the use is in compliance with the laws of the State of New 
     Mexico, including but not limited to, permitting 
     requirements.
       (b) Complying with the reasonable and prudent alternatives 
     and the incidental take limits defined in the Biological 
     Opinion released by the United States Fish and Wildlife 
     Service dated March 17, 2003 combined with efforts carried 
     out pursuant to Public Law 106-377, Public Law 107-66, and 
     Public Law 108-7 fully meet all requirements of the 
     Endangered Species Act (16 U.S.C. 1531 et seq.) for the 
     conservation of the Rio Grande Silvery Minnow (Hybognathus 
     amarus) and the Southwestern Willow Flycatcher (Empidonax 
     trailii extimus) on the Middle Rio Grande in New Mexico.
       (c) This section applies only to those Federal agency and 
     non-Federal actions addressed in the March 17, 2003 
     Biological Opinion.
       (d) Subsection (b) will remain in effect for 2 years 
     following the implementation of this Act.
       Sec. 209. Endangered Species Collaborative Program. (a) 
     Using funds previously appropriated, the Secretary of the 
     Interior, acting through the Commissioner of the Bureau of 
     Reclamation and the Director of the Fish and Wildlife 
     Service, for purposes of improving the efficiency and 
     expediting the efforts of the 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 
     seven 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;
       (E) agricultural communities;
       (F) Middle Rio Grande Pueblos (Sandia, Isleta, San Felipe, 
     Cochiti, Santa Ana, and Santo Domingo); and
       (G) Middle Rio Grande Conservancy District.
       (b) Formation of this Committee shall not occur later than 
     45 days after enactment of this Act.
       (c) Fiscal year 2004 appropriations shall not be obligated 
     or expended prior to approval of a detailed spending plan by 
     the House and Senate Committees on Appropriations.
       (d) The above section shall come into effect within 180 
     days of enactment of this Act, unless the Bureau of 
     Reclamation, in consultation with the above listed parties, 
     has provided an alternative workgroup structure which has 
     been approved by the House and Senate Committees on 
     Appropriations.
       Sec. 210. Tularosa Basin National Desalination Research 
     Facility. (a) Desalination Demonstration and Development.--
     Pursuant to section 4(a) of Public Law 104-298, 110 Stat. 
     3622 (October 11, 1996), the Secretary may hereafter conduct 
     or contract for the design, construction, testing and 
     operation of the Tularosa Basin National Desalination 
     Research Facility.
       (b) The Tularosa Basin National Desalination Research 
     Facility is hereafter exempt from all provisions of section 7 
     of Public Law 104-298, 110 Stat. 3622 (October 11, 1996). The 
     Federal share of the cost of the Tularosa Basin National 
     Desalination Research Facility may be up to 100 percent, 
     including the cost of design, construction, operation, 
     maintenance, repair and rehabilitation.
       Sec. 211. The Secretary of the Interior, in carrying out 
     CALFED-related activities, may undertake feasibility studies 
     for Sites Reservoir, Los Vaqueros Reservoir Enlargement, and 
     Upper San Joaquin Storage projects, hereafter. These storage 
     studies should be pursued along with ongoing environmental 
     and other projects in a balanced manner.
       Sec. 212. The Secretary of the Interior, acting through the 
     Commissioner of the Bureau of Reclamation, is authorized to 
     enter into grants, cooperative agreements, and other 
     agreements with irrigation or water districts to fund up to 
     50 percent of the cost of planning, designing, and 
     constructing improvements that will conserve water, increase 
     water use efficiency, or enhance water management through 
     measurement or automation, at existing water supply projects 
     within the states identified in the Act of June 17, 1902, as 
     amended, and supplemented: Provided, That when such 
     improvements are to Federally owned facilities, such funds 
     may be provided in advance on a non-reimbursable basis to an 
     entity operating affected transferred works or may be deemed 
     non-reimbursable for non-transferred works: Provided further, 
     That the calculation of the non-Federal contribution shall 
     provide for consideration of the value of any in-kind 
     contributions, but shall not include funds received from 
     other Federal agencies: Provided further, That the cost of 
     operating and maintaining such improvements shall be the 
     responsibility of the non-Federal entity: Provided further, 
     That this section shall not supercede

[[Page H11017]]

     any existing project-specific funding authority. The 
     Secretary is also authorized to enter into grants or 
     cooperative agreements with universities or non-profit 
     research institutions to fund water use efficiency research.
       Sec. 213. Hawaii Water Resources Study. The Hawaii Water 
     Resources Act of 2000 (Public Law 106-566; 114 Stat. 2818) is 
     amended--
       (1) in section 103--
       (A) in subsection (b)(1), by striking ``Not'' and all that 
     follows through ``the Secretary'' and inserting ``The 
     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. 214. Notwithstanding the provisions of title IV of 
     Public Law 102-575 (106 Stat. 4648), the contributions of the 
     Western Area Power Administration to the Utah Reclamation 
     Mitigation and Conservation Account shall expire 10 fiscal 
     years from the date of enactment of this Act. Such 
     contributions shall be from an account established by the 
     Western Area Power Administration for this purpose and such 
     contributions shall be made available to the Utah Reclamation 
     Mitigation and Conservation Account subject to 
     appropriations. After 10 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.  215. Tualatin River Basin, Oregon. (a) Authorization 
     To Conduct Feasibility Study.--The Secretary of the Interior 
     may conduct a Tualatin River Basin water supply feasibility 
     study--
       (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. 216. Facilitation of Indian Water Rights in Arizona. 
     In order to facilitate Indian water rights settlements in the 
     State of Arizona, the Secretary may:
       (1) Extend, on an annual basis, the repayment schedule of 
     debt incurred under section 9(d) of the Act of August 4, 1939 
     (43 U.S.C 485h(d)) by irrigation districts who have contracts 
     for water delivery from the Central Arizona Project.
       (2) If requested by either the Gila River Indian Community 
     or the San Carlos Apache Tribe, utilize appropriated funds 
     transferred into the Lower Colorado River Basin Development 
     Fund for construction of Indian Distribution systems to 
     assist in the partial funding of costs associated with the 
     on-reservation delivery of CAP water to these Indian tribes 
     as set forth in the Bureau of Reclamation's FY 2004 Budget 
     Justifications, PF-2B Schedules for construction of the 
     Central Arizona Project. These funds shall be non-
     reimbursable Operation and Maintenance funds and shall not 
     exceed amounts projected for construction by these Indian 
     tribes as set forth in the Bureau of Reclamation's PF-2B 
     Schedules that support the FY 2004 Budget Justifications for 
     the Central Arizona Project.
       Sec. 217. Restoration of Fish and Wildlife Habitat, 
     Provision of Bottled Water for Fallon Schoolchildren, and 
     Associated Provisions. (a) In General.--In carrying out 
     section 2507 of Public Law 107-171, title II, subtitle F, the 
     Secretary of Interior, acting through the Commissioner of 
     Reclamation, shall--
       (1) Notwithstanding section 2507 (b) of Public Law 107-171, 
     title II, subtitle F, and in accordance with Public Law 101-
     618, provide $2,500,000 to the State of Nevada to purchase 
     water rights from willing sellers and make necessary 
     improvements to benefit Carson Lake and Pasture: Provided, 
     That such funds shall only be provided by the Bureau of 
     Reclamation when the title to Carson Lake and Pasture is 
     conveyed to the State of Nevada.
       (2) As soon as practicable after enactment, provide 
     $133,000 to Families in Search of the Truth, Fallon, Nevada, 
     for the purchase of bottled water and costs associated with 
     providing such water to schoolchildren in Fallon-area 
     schools.
       (3) In consultation with the Pershing County Water 
     Conservation District, the Commissioner shall expend $270,000 
     for the State of Nevada's costs associated with the National 
     Environmental Policy Act review of the Humboldt Title 
     Transfer: Provided, That notwithstanding Public Law 107-282, 
     section 804(d)-(f), the State of Nevada shall pay any other 
     costs assigned to the State as an entity receiving title in 
     Public Law 107-282, section 804(b)-(e) or due to any 
     reconveyance under Public Law 107-282, section 804(f), 
     including any such National Environmental Policy Act costs 
     that exceed the $270,000 expended by the Commissioner under 
     this subparagraph.
       (4) Provide $1,000,000 to the University of Nevada, Reno's 
     Biodiversity initiative for public education and associated 
     technical assistance and outreach concerning the issues 
     affecting the restoration of Walker Lake.
       (b) Administration.--The Secretary of the Interior, acting 
     through the Commissioner of Reclamation, may provide 
     financial assistance to State and local public agencies, 
     Indian tribes, nonprofit organizations, and individuals to 
     carry out this section and section 2507 of Public Law 107-
     171.
       Sec. 218. The Secretary of the Interior shall extend the 
     term of the Sacramento River Settlement Contracts, long- and 
     short-form, entered into by the United States with various 
     districts and individuals, section 14 of the Reclamation 
     Project Act of 1939 (53 Stat. 1197), for a period of 2 
     additional years after the date on which each of the 
     contracts, respectively, would expire but for this section, 
     or until renewal contracts are executed, whichever occurs 
     earlier.
       Sec. 219. (a) Section 1(b) of Public Law 105-295 (112 Stat. 
     2820) is amended by striking the second sentence and 
     inserting the following: ``The Federal share of the costs of 
     constructing the temperature control device and associated 
     temperature monitoring facilities shall be 50 percent and 
     shall be nonreimbursable. The temperature control device and 
     associated temperature monitoring facilities shall be 
     operated by the non-Federal facility owner at its expense in 
     coordination with the Central Valley Project for the benefit 
     and propagation of Chinook salmon and steelhead trout in the 
     American River, California.''.
       (b) Section 1(c) of Public Law 105-295 (112 Stat. 2820) is 
     amended by striking ``$1,000,000'' and inserting 
     ``$3,500,000''.
       Sec. 220. Not subject to fiscal year limitation, the 
     Secretary of the Interior is hereafter authorized to 
     implement, and enter into financial assistance or other 
     agreements as may be necessary to undertake such activities 
     identified for implementation (including construction) 
     generally in accordance with section III of, and the Pumping/
     Dam Removal Plan as defined in, United States District Court 
     Consent Decree ``United States, et al., v. Grants Pass 
     Irrigation District, Civil No. 98-3034-HO'' (August 27, 
     2001). There are authorized to be appropriated such sums 
     as may be necessary to carry out this provision, and 
     activities conducted under this provision shall be 
     nonreimbursable and nonreturnable.
       Sec. 221. Extension of Certain Irrigation Project 
     Contracts. Section 2 of the Irrigation Project Contract 
     Extension Act of 1998 (112 Stat. 2816, 114 Stat. 1441, 1441A-
     70) is amended--
       (1) in subsection (a), by striking ``December 31, 2003'' 
     and inserting ``December 31, 2005''; and
       (2) in subsection (b)--
       (A) in the first sentence, by striking ``beyond December 
     31, 2003'' and inserting ``beyond December 31, 2005''; and
       (B) in the second sentence, by striking ``prior to December 
     31, 2003'' and inserting ``before December 31, 2005''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for energy supply activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, and the purchase of not to exceed 12 passenger 
     motor vehicles for replacement only, including two buses; 
     $737,537,000, to remain available until expended.

                Non-Defense Site Acceleration Completion

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     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, 
     $163,375,000, to remain available until expended.

                   Non-Defense Environmental Services

       For Department of Energy expenses necessary for non-defense 
     environmental services activities conducted as a result of 
     nuclear energy research and development activities that 
     indirectly support the accelerated cleanup and closure 
     mission at environmental management sites, as well as new 
     work scope transferred to the Environmental Management 
     program, including the purchase, construction, and 
     acquisition of plant and capital equipment and other 
     necessary expenses, $339,468,000, to remain available until 
     expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions, and other activities of title II of the Atomic 
     Energy Act of 1954 and title X, subtitle A, of the Energy 
     Policy Act of 1992, $416,484,000, to be derived from the 
     Fund, to remain available until expended, of which 
     $51,000,000 shall be available in accordance with title X, 
     subtitle A, of the Energy Policy Act of 1992.

                                Science

       For Department of Energy expenses including the purchase, 
     construction and acquisition of

[[Page H11018]]

     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, $3,451,700,000, to remain available 
     until expended.

                         Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $190,000,000, to remain available until expended 
     and to be derived from the Nuclear Waste Fund: Provided, That 
     none of the funds provided herein may be used for 
     international travel.

                      Departmental Administration


                     (including transfer of funds)

       For salaries and expenses of the Department of Energy 
     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), $216,533,000, 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 $123,000,000 in 
     fiscal year 2004 may be retained and used for operating 
     expenses within this account, and may remain available until 
     expended, as 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 $93,533,000.

                    Office of the Inspector General

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $39,462,000, to remain 
     available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion; one fixed wing 
     aircraft for replacement only; and the purchase of not to 
     exceed six passenger motor vehicles, of which four shall be 
     for replacement only, including not to exceed two buses; 
     $6,272,511,000, to remain available until expended: Provided, 
     That $87,000,000 is authorized to be appropriated for Project 
     01-D-108, Microsystems and engineering sciences applications 
     (MESA), Sandia National Laboratories, Albuquerque, New 
     Mexico: Provided further, That $3,564,000 is authorized to be 
     appropriated for Project 04-D-103, Project engineering and 
     design (PED), various locations: Provided further, That a 
     plant or construction project for which amounts are made 
     available under this heading in this fiscal year with a 
     current estimated cost of less than $10,000,000 is considered 
     for purposes of section 3622 of Public Law 107-314 as a plant 
     project for which the approved total estimated cost does not 
     exceed the minor construction threshold and for purposes of 
     section 3623 of Public Law 107-314 as a construction project 
     with a current estimated cost of less than the minor 
     construction threshold.

                    Defense Nuclear Nonproliferation

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense, defense nuclear nonproliferation activities, in 
     carrying out the 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, $1,327,612,000, 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; $766,400,000, to remain available until 
     expended.

                      Office of the Administrator

       For necessary expenses of the Office of the Administrator 
     in the National Nuclear Security Administration, including 
     official reception and representation expenses (not to exceed 
     $12,000), $339,980,000, to remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                  Defense Site Acceleration Completion

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense site 
     acceleration completion activities in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the acquisition or 
     condemnation of any real property or any facility or for 
     plant or facility acquisition, construction, or expansion; 
     $5,651,062,000, to remain available until expended: Provided, 
     That the Secretary of Energy is directed to use $1,000,000 of 
     the funds provided for regulatory and technical assistance to 
     the State of New Mexico, to amend the existing WIPP Hazardous 
     Waste Permit to comply with the provisions of section 310 of 
     this Act.

                     Defense Environmental Services

       For Department of Energy expenses necessary for defense-
     related environmental services activities that indirectly 
     support the accelerated cleanup and closure mission at 
     environmental management sites, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other necessary expenses, and the purchase of not to 
     exceed one ambulance for replacement only, $991,144,000, to 
     remain available until expended.

                        Other Defense Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense, other 
     defense activities, in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $674,491,000, to 
     remain available until expended.

                     Defense Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $390,000,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     official reception and representation expenses in an amount 
     not to exceed $1,500. During fiscal year 2004, no new direct 
     loan obligations may be made.

      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 provisions 
     of 31 U.S.C. 3302, up to $19,000,000 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: 
     Provided, That, notwithstanding the provisions of 31 U.S.C. 
     3302, up to $1,512,000 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; in addition, notwithstanding 31 
     U.S.C. 3302, beginning in fiscal year 2004 and thereafter, 
     such funds as are received by the Southwestern Power 
     Administration from any State, municipality, corporation, 
     association, firm, district, or individual as advance payment 
     for work that is associated with Southwestern's transmission 
     facilities, consistent with that authorized in section 5 of 
     the Flood Control Act, shall be credited to this account and 
     be available until expended.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7152), and other related activities including conservation 
     and renewable resources programs as authorized, including 
     official reception and representation expenses in an amount 
     not to exceed $1,500, $177,950,000, to remain available until 
     expended, of which $167,236,000 shall be derived from the 
     Department of the Interior Reclamation Fund: Provided, That 
     of the amount herein 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 
     $162,108,000 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

[[Page H11019]]

     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), $204,400,000, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $204,400,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 2004 shall be 
     retained and used for necessary expenses in this account, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated from the general fund shall be 
     reduced as revenues are received during fiscal year 2004 
     so as to result in a final fiscal year 2004 appropriation 
     from the general fund estimated at not more than $0.

             Defense Environmental Management Privatization


                              (RESCISSION)

       Of the funds appropriated in prior Energy and Water 
     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

                          DEPARTMENT OF ENERGY

       Sec. 301. (a)(1) None of the funds in this or any other 
     appropriations Act for fiscal year 2004 or any previous 
     fiscal year may be used to make payments for a noncompetitive 
     management and operating contract unless the Secretary of 
     Energy, not later than 60 days after the date of the 
     enactment of this Act, publishes in the Federal Register and 
     submits to the Committees on 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) Notwithstanding paragraph (1), the Secretary of Energy 
     may use appropriated funds to maintain operations of 
     noncompetitive management and operating contracts as 
     necessary during the 60-day period beginning on the date of 
     the enactment of this Act.
       (3) Paragraph (1) does not apply to an extension for up to 
     2 years of a noncompetitive management and operating 
     contract, if the extension is for purposes of allowing time 
     to award 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.
       Sec. 302. None of the funds appropriated by this Act may be 
     used to--
       (1) develop or implement a workforce restructuring plan 
     that covers employees of the Department of Energy; or
       (2) provide enhanced severance payments or other benefits 
     for employees of the Department of Energy, under section 3161 
     of the National Defense Authorization Act for Fiscal Year 
     1993 (Public Law 102-484; 42 U.S.C. 7274h).
       Sec. 303. None of the funds appropriated by this Act may be 
     used to augment the $13,400,000 made available for obligation 
     by this Act for severance payments and other benefits and 
     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. When the Department of Energy makes a user 
     facility available to universities and other potential users, 
     or seeks input from universities and other potential users 
     regarding significant characteristics or equipment in a user 
     facility or a proposed user facility, the Department shall 
     ensure broad public notice of such availability or such need 
     for input to universities and other potential users. When the 
     Department of Energy considers the participation of a 
     university or other potential user as a formal partner in the 
     establishment or operation of a user facility, the Department 
     shall employ full and open competition in selecting such a 
     partner. For purposes of this section, the term ``user 
     facility'' includes, but is not limited to: (1) a user 
     facility as described in section 2203(a)(2) of the Energy 
     Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National 
     Nuclear Security Administration Defense Programs 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 2004 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2004.
       Sec. 310. 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. 311. (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. 312. Notwithstanding any other provision of law, the 
     material in the concrete silos at the Fernald uranium 
     processing facility currently managed by the Department of 
     Energy and the ore processing residual materials in the 
     Niagara Falls Storage Site subsurface waste containment 
     structure managed by the United States Army Corps of 
     Engineers under the Formerly Utilized Sites Remedial Action 
     Program shall be considered ``byproduct material'' as defined 
     by section 11e.(2) of the Atomic Energy Act of 1954, as

[[Page H11020]]

     amended (42 U.S.C. 2014(e)(2)). The Nuclear Regulatory 
     Commission or an Agreement State, as appropriate, shall 
     regulate the material as ``11e.(2) by-product material'' for 
     the purpose of disposition of the material in an NRC-
     regulated or Agreement State-regulated facility.
       Sec. 313. No funds appropriated or otherwise made available 
     under this title under the heading ``ATOMIC ENERGY DEFENSE 
     ACTIVITIES'' may be obligated or expended for additional and 
     exploratory studies under the Advanced Concepts Initiative 
     until 30 days after the date on which the Administrator for 
     Nuclear Security submits to Congress a detailed report on the 
     planned activities for additional and exploratory studies 
     under the initiative for fiscal year 2004. The report shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       Sec. 314. Martin's Cove Lease. (a) Definitions.--In this 
     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 shall enter into an 
     agreement with the Corporation to lease, for a term of 25 
     years, approximately 940 acres of Federal land depicted on 
     the Martin's Cove map MC-001. The Corporation shall retain 
     the right of ingress and egress in, from and to any part of 
     the leasehold for its use and management as an important 
     historical site.
       (2) Terms and conditions.--
       (A) Survey.--As a condition of the agreement under 
     paragraph (1), the Corporation shall provide a boundary 
     survey to the Secretary, acceptable to the Corporation and 
     the Secretary, of the parcels of land to be leased under 
     paragraph (1).
       (B) Access.--
       (i) In general.--The Secretary and the 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 940 acres under the 
     leasehold. The 940 acres described in subsection (a)(3) are 
     hereby withdrawn from mining location and from all forms of 
     entry, appropriation, and disposal under the public land 
     laws.
       (d) No Precedent Set.--This Act does not set a precedent 
     for the terms and conditions of leases between or among 
     private entities and the United States.
       (e) Valid and Existing Rights.--The Lease provided for 
     under this section shall be subject to valid existing rights 
     with respect to any lease, right-of-way, permit, or other 
     valid existing rights to which the property is subject.
       (f) Availability of Map.--The Secretary shall keep the map 
     identified in this section on file and available for public 
     inspection in the Casper District Office of the BLM in 
     Wyoming and the State Office of the BLM, Cheyenne, Wyoming.
       (g) NEPA Compliance.--The Secretary shall comply with the 
     provisions of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) in carrying out this section.
       Sec. 315. Reinstatement and Transfer of the Federal License 
     for Project No. 2696. (a) Definitions.--
       (1) Commission.--The term ``Commission'' means the 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. 316. Of the funds made available in this Act for 
     Defense Environmental Services, $1,000,000 shall be provided 
     to the State of Nevada solely for expenditures, other than 
     salaries and expenses of State employees, to conduct 
     scientific oversight responsibilities and participate in 
     licensing activities pursuant to the Nuclear Waste Policy Act 
     of 1982, Public Law 97-425, as amended: Provided, That 
     $4,000,000 shall be provided to affected units of local 
     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.

                                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, 
     $66,000,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board


                         salaries and expenses

       For necessary expenses of the Defense Nuclear Facilities 
     Safety Board in carrying out activities authorized by the 
     Atomic Energy Act of 1954, as amended by Public Law 100-456, 
     section 1441, $19,559,000, to remain available until 
     expended.

                        Delta Regional Authority


                         salaries and expenses

       For necessary expenses of the Delta Regional Authority and 
     to carry out its activities, as authorized by the Delta 
     Regional Authority Act of 2000, as amended, notwithstanding 
     sections 382C(b)(2), 382F(d), and 382M(b) of said Act, 
     $5,000,000, to remain available until expended.

[[Page H11021]]

                           Denali Commission

       For expenses of the Denali Commission including the 
     purchase, construction and acquisition of plant and capital 
     equipment as necessary and other expenses, $55,000,000, to 
     remain available until expended: Provided, That $5,500,000 
     shall not be available until the Denali Commission submits to 
     the House and Senate Committees on Appropriations a detailed 
     budget justification for fiscal year 2005.

                     Nuclear Regulatory Commission


                         salaries and expenses

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including official representation expenses (not to exceed 
     $15,000), and purchase of promotional items for use in the 
     recruitment of individuals for employment, $618,800,000, to 
     remain available until expended: 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. 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.
       Sec. 504. Clarification of Indemnification To Promote 
     Economic Development. (a) Subsection (b)(2) of section 3158 
     of the National Defense Authorization Act for Fiscal Year 
     1998 (42 U.S.C. 7274q(b)(2)) is amended by adding the 
     following after subparagraph (C):
       ``(D) Any successor, assignee, transferee, lender, or 
     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''.
       And the Senate agree to the same.

     David L. Hobson,
     Rodney P. Frelinghuysen,
     Tom Latham,
     Zach Wamp,
     Jo Ann Emerson,
     John T. Doolittle,
     John E. Peterson,
     Michael K. Simpson,
     Bill Young,
     Peter J. Visclosky,
     Chet Edwards,
     Ed Pastor,
     James E. Clyburn,
     Marion Berry,
     David R. Obey,
                                Managers on the Part of the House.

     Pete V. Domenici,
     Thad Cochran,
     Mitch McConnell,
     Robert F. Bennett,
     Conrad Burns,
     Larry E. Craig,
     Christopher Bond,
     Ted Stevens,
     Harry Reid,
     Robert C. Byrd,
     Fritz Hollings,
     Patty Murray,
     Byron L. Dorgan,
     Dianne Feinstein,
     Daniel K. Inouye,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2754) making 
     appropriations for energy and water development for the 
     fiscal year ending September 30, 2004, and for other 
     purposes, submit the following joint statement to the House 
     and the Senate in explanation of the action agreed upon by 
     the managers and recommended in the accompanying conference 
     report.
       The language and allocations set forth in House Report 108-
     212 and Senate Report 108-105 should be complied with unless 
     specifically addressed to the contrary in the conference 
     report and statement of the managers. Report language 
     included by the House which is not contradicted by the report 
     of the Senate or the conference, and Senate report language 
     which is not contradicted by the report of the House or the 
     conference is approved by the committee of conference. The 
     statement of the managers, while repeating some report 
     language for emphasis, does not intend to negate the language 
     referred to above unless expressly provided herein. In cases 
     where both the House report and Senate report address a 
     particular issue not specifically addressed in the conference 
     report or joint statement of managers, the conferees have 
     determined that the House report and Senate report are not 
     inconsistent and are to be interpreted accordingly. In cases 
     in which the House or Senate have directed the submission of 
     a report, such report is to be submitted to both House and 
     Senate Committees on Appropriations.
       Senate amendment: The Senate deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill.

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The summary tables at the end of this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs, and activities of the Corps of 
     Engineers. Additional items of the conference agreement are 
     discussed below.
       The conferees remain concerned about the inadequate budget 
     requests for water resources programs of the U.S. Army Corps 
     of Engineers. The budget request for fiscal year 2004 is 
     about $450,000,000 less than the amount appropriated to the 
     Corps in fiscal year 2003. If the proposed budget request 
     were enacted, the Corps would be forced to terminate ongoing 
     construction contracts costing the government some 
     $200,000,000 in termination fees, demobilization costs, and 
     delays in project schedules.
       Over the years, the conferees have granted the Corps of 
     Engineers great latitude to reprogram funds from studies, 
     construction projects, and maintenance activities which are 
     either delayed or are being terminated to those where the 
     funds can be effectively used to keep projects moving and 
     accelerate completion. The conferees believe that the ability 
     to reprogram funds is essential to the Corps' ability to 
     effectively manage its program. Accordingly, the conferees 
     were very concerned to learn that the Corps of Engineers has 
     not been reprogramming funds from a number of projects that 
     are obviously not moving forward. It has been and continues 
     to be the intent of the conferees that when any project is 
     not moving forward, the Corps of Engineers look to reprogram 
     the funds appropriated for that project to one where the 
     funds can be effectively utilized unless explicitly 
     instructed not to do so by the Committees on 
     Appropriations.
       The conferees are aware that the Corps of Engineers may 
     choose not to reprogram funds out of some inactive or slow-
     moving projects because of the reluctance of the member who 
     requested funding to see it moved. The conferees expect that 
     funds moved out of any authorized project would be restored 
     to that project once obstacles to its progress had been 
     resolved, and urge that the Corps should not let these 
     objections stand in the way of using scarce funding where it 
     is most needed. In order to better assess this ``hoarding'' 
     problem, the conferees direct the Corps of Engineers to 
     submit to the Committees on Appropriations of the House and 
     the Senate, by May 1st of 2004, a report as to the ``carried 
     over'' funds on hand at the beginning of fiscal 2004, by 
     project, and the details of all reprogramming actions from 
     carried over funds in the first six months of fiscal 2004.

[[Page H11022]]

       The conferees are aware that the Corps of Engineers has 
     exercised its existing authorities to take advantage of a 
     good construction season and as a result, has been executing 
     its construction program at an increased rate using funds 
     available from under-performing projects. Though the 
     conferees understand that the Federal government yields 
     benefits and cost savings when a project is completed ahead 
     of schedule, the conferees are very concerned about the Corps 
     responding to contractor demands for higher execution rates 
     at the expense of those projects that the Congress has 
     determined reflect the Nation's priorities. Therefore, the 
     conferees direct the Corps, within 90 days of enactment of 
     this Act, to submit a report that outlines the Corps' 
     processes and procedures for determining and evaluating which 
     projects are under-performing and how the resulting 
     unobligated funds are transferred to a project which is 
     executing at a rate higher than anticipated. The conferees 
     note as well, that some projects have fared very well when 
     contractors are able to accelerate work; in fiscal years 2002 
     and 2003, some $30,000,000 was reprogrammed into just one 
     such project from others. The Corps of Engineers has 
     explained that this reprogramming results from their policy 
     of allowing contractors to choose their own pace for work on 
     continuing contracts, with the option to work on deferred 
     payment terms, and sometimes to collect interest, when money 
     appropriated for a given fiscal year is exhausted. The 
     conferees admonish the Corps to curtail this practice, which 
     amounts to allowing contractors to make many of its most 
     crucial fiscal management decisions, and to include in the 
     report required above the status of continuing construction 
     contracts.
       The conferees are also concerned that Corps of Engineers' 
     technical and planning capabilities have diminished over the 
     past decade. This diminished capability has been evident in 
     recent controversial studies such as the Upper Mississippi 
     River and Illinois Waterway System Navigation Study and the 
     Delaware River Deepening Study. The conferees urge the Corps 
     of Engineers to review ways in which it can improve this 
     capability, to include concentrating its technical and 
     planning expertise in regional centers. The conferees believe 
     that there is much the Corps can do to leverage its highly 
     skilled workforce in an effort to better utilize their 
     expertise on a national level. With constrained budgets and 
     ever-changing technology, the current work environment lends 
     itself well to the movement of knowledge and information 
     across great distances in a matter of minutes. Therefore, the 
     conferees remain committed to the concept of the regional 
     centers because they will enable the Corps to maximize its 
     expertise across the country over a wide variety of projects 
     and problems just by tapping its own resources. Though many 
     problems are regionalized, many of their solutions are not. 
     With the implementation of regional centers the Corps will be 
     able to manage the agency's workload across the Nation rather 
     than just in a district or division.


                         General Investigations

       The conference agreement appropriates $116,949,000 for 
     General Investigations instead of $117,788,000 as proposed by 
     the House and $131,700,000 as proposed by the Senate.
       The conference agreement provides $150,000 for the 
     completion of an environmental assessment on the Tonto Creek 
     in Tonto Basin element of the Gila River and Tributaries, 
     Arizona, project.
       Funds for the American River Watershed (Folsom Dam Mini-
     Raise), California, project are included in the Construction, 
     General account.
       The conferees have provided $100,000 for the Corps of 
     Engineers to continue investigations of environmental 
     infrastructure issues for the City of Norwalk, California.
       The conferees have provided $1,100,000 for the Sacramento-
     San Joaquin Delta, California, study including $350,000 for a 
     reconnaissance study to evaluate environmental restoration, 
     flood protection, recreation, and related purposes for the 
     California Bay-Delta Authority North Delta Improvements 
     project, and $500,000 to initiate and complete a 
     reconnaissance study to prioritize and evaluate environmental 
     restoration, flood protection and related purposes for the 
     Delta Islands and Levees. The remaining funding is provided 
     for the Delta Special Study.
       The conference agreement provides $1,500,000 for the 
     Sacramento-San Joaquin River Basins Comprehensive Study in 
     California, including funds to initiate and complete three 
     $100,000 reconnaissance studies to evaluate environmental 
     restoration, flood protection, and related purposes for the 
     Lower San Joaquin River, USACE Reservoir Re-Operation, and 
     Butte Basin, and $500,000 to initiate a feasibility study for 
     the Mokelumne River, Calaveras River, and Stanislaus River 
     Watersheds in Calaveras County.
       The conferees urge the Secretary of the Army to continue 
     planning and preconstruction engineering and design efforts 
     on the Sacramento-San Joaquin River Basins Comprehensive 
     Study-Hamilton City Flood Damage Reduction and Ecosystem 
     Restoration Initial Project and to include in the study an 
     area extending from 2 miles due north to 4 miles due south of 
     State Highway 32, and extending at least 1.2 miles due south 
     of Road 23. The study should incorporate locally preferred 
     options that provide protection to agricultural lands on the 
     southern end of the study area, as well as residential 
     properties in Hamilton City, while providing opportunities 
     for ecosystem restoration. In addition, the conferees support 
     the efforts of the non-Federal sponsors to receive credit 
     toward the non-Federal cost share for work, including 
     ecosystem restoration work, determined by the Corps to be 
     integral to the project, that is carried out by non-Federal 
     sponsors or their partners after the completion of the final 
     report--even if such work is carried out prior to the date of 
     the project cost share agreement.
       The conferees direct the Secretary of the Army to conduct a 
     feasibility study with respect to shoreline stabilization of 
     Egmont Key, Florida, which is threatened by erosion. The 
     conferees further direct that the study shall be completed at 
     full Federal expense, notwithstanding the conclusions of the 
     initial reconnaissance report.
       The conferees direct that the Secretary use any remaining 
     funds heretofore appropriated and made available in Public 
     Law 106-316, for construction of the Savannah Harbor 
     Deepening Project, Savannah, Georgia, for the Savannah Harbor 
     Expansion Project, Savannah, Georgia.
       The conferees have moved funding previously provided by the 
     House under General Investigations for riverfront restoration 
     project at Fort Dodge, Iowa, to Construction, General under 
     the already existing Des Moines Recreation River and 
     Greenbelt authority. The conferees understand that moving the 
     funds to Construction, General under the Greenbelt 
     authorization, will allow the Corps of Engineers to continue 
     to work at Fort Dodge with greater flexibility and speed.
       The conferees have removed funding previously proposed 
     under General Investigations for Turkey Creek Basin, Kansas 
     and Missouri, and provided $500,000 for this project under 
     Construction, General.
       The conferees have provided additional funding above the 
     Administration's request for the Upper Mississippi and 
     Illinois Navigation Study with the intent that the Corps of 
     Engineers diligently work to complete this critical study.
       The conferees have included $2,500,000 for the Louisiana 
     Coastal Area Ecosystem Restoration study to allow for 
     initiation of project implementation reports. The conferees 
     remain very concerned about the progress of this study and 
     that the Corps may not be maintaining the rigor required for 
     such a study. Therefore, the conferees direct the Corps to 
     provide a report no later than 60 days after the enactment of 
     this Act, on the study's progress and how it plans to refocus 
     this critical effort.
       The conference agreement includes $200,000 to initiate one 
     or more of a number of feasibility studies identified in the 
     reconnaissance phase of the Middle Potomac Watershed study, 
     Maryland and Virginia. It is the intent of the conferees that 
     the Holmes Run watershed in Virginia continues to be within 
     the scope of this study. In addition, the conference 
     agreement includes, within available funds, $100,000 for the 
     Corps of Engineers to identify flood mitigation measures to 
     protect the City of Alexandria, Virginia from future storm 
     surges and flooding.
       The conferees have provided $800,000 to initiate the 
     feasibility phase of the Eastern Shore--Mid Chesapeake Bay 
     Island, Maryland project, which will focus on the use of 
     dredged material to restore and expand the habitat of a 
     variety of animal life. It is the intent of the conferees 
     that this funding be used for the identification and study of 
     existing islands in need of restoration, and not artificial 
     islands.
       In order to optimize needed coordination with highway work 
     being performed by the State of Nebraska, the conferees 
     direct the Secretary of the Army to work closely with the 
     local sponsor on the Sand Creek Environmental Restoration, 
     Nebraska project, accepting advance funds offered by the 
     sponsor, and agreeing to credits and reimbursements, as 
     appropriate, for work done by the sponsor, including work 
     performed in connection with the design and construction of 
     seven upstream detention storage structures.
       The conference agreement includes $350,000 for the Lower 
     Las Vegas Wash Wetlands, Nevada, project and $150,000 for 
     Technical Assistance for Tahoe Regional Planning, Nevada.
       The conferees understand that there exists some confusion 
     regarding the Passaic River, New Jersey, Environmental 
     Restoration study and the Hudson Raritan Estuary-Lower 
     Passaic River, New Jersey, study. The Passaic River, New 
     Jersey Environmental Restoration study, in the past, has been 
     referred to as the Lower Passaic, New Jersey study and use of 
     this latter reference should be discontinued. The conferees 
     further note that the Passaic River, New Jersey, 
     Environmental Restoration study is a separate and distinct 
     effort from the ongoing Hudson Raritan Estuary-Lower Passaic 
     River, New Jersey, study.
       The conferees have included $500,000 for the 
     preconstruction, engineering, and design for the Upper 
     Passaic River and Tributaries, New Jersey project and moved 
     this project from General Investigations to Section 205 of 
     the Continuing Authorities Program under Construction, 
     General.
       The conference agreement includes language, proposed by the 
     House, regarding credits for the sponsors of the Ohio 
     Riverfront, Cincinnati, Ohio, project.
       The conferees expect the Secretary of the Army to review 
     the Corps of Engineers report on the Nueces River, Texas 
     published as House Document 235, Sixty-third Congress,

[[Page H11023]]

     1st Session and other pertinent reports, to determine the 
     feasibility of measures for improvements to address water 
     resources needs of Texas within the Nueces River basin in the 
     interest of comprehensive watershed and stream corridor 
     management, including flood damage reduction, ecosystem 
     restoration and protection, water conservation and supply, 
     water quality, aquifer recharge, and other allied purposes. 
     The review should coordinate and integrate ongoing study 
     efforts within the basin.
       The conference agreement deletes language, proposed by the 
     Senate regarding the Park City Water Supply Infrastructure, 
     Utah, project. Funding for this work is included in the 
     amount appropriated for the Bureau of Reclamation under the 
     Water and Related Resources account.
       In light of the damage done to the area by Hurricane 
     Isabel, the conferees have included $100,000 to continue 
     preconstruction engineering and design for the Vicinity of 
     Willoughby Spit, Norfolk, Virginia, project.
       The conference agreement does not include funds in this 
     account for the Duwamish and Green River, Washington, 
     project. Funds for this project are included in the 
     Construction, General account.
       The conference agreement includes $7,500,000 for the Flood 
     Plain Management Services Program. Within the funds provided, 
     the conferees expect the Corps of Engineers to undertake the 
     activities described in the House and Senate Reports, 
     including $500,000 to advance development of the geographic 
     information system for flood plain management in East Baton 
     Rouge, Louisiana.
       The conferees have included $400,000 within available funds 
     under the Other Coordination Programs for the Corps of 
     Engineers to provide programmatic support to Lake Tahoe 
     restoration activities, including coordination with the 
     Federal Interagency Partnership and the Tahoe Regional 
     Planning Agency, to implement the Environmental Improvement 
     Program.
       The conference agreement includes $6,500,000 for the 
     Planning Assistance to States Program. Within the funds 
     provided for this program, the conferees expect the Corps of 
     Engineers to undertake the activities described in the House 
     and Senate Reports including providing assistance to Salcha, 
     Alaska as outlined in the Senate Report. The conferees have 
     also included $100,000 for the Corps of Engineers to prepare 
     the Arkansas River Corridor Plan in Oklahoma; and $200,000 
     for Georgetown and Williamsburg Counties, South Carolina.
       The conferees include $100,000 to continue the feasibility 
     phase of the Tujunga Wash environmental restoration project 
     in Studio City, California. In addition, the conferees 
     provide $200,000 for the Corps to advance the Tujunga Wash, 
     California, ecosystem restoration project under the Section 
     1135 Continuing Authorities Program in the Construction, 
     General account. Additionally, the Corps is expected to 
     complete the feasibility phase of the Long Lake, Indiana, 
     project with funding from the Section 206, Continuing 
     Authorities Program in the Construction, General account.
       The conferees have not provided funding requested by the 
     Administration for the Ex Post Facto National Study or the 
     Independent Review National Study. The conferees understand 
     that studies of this sort are among the concerns of the 
     authorizing committees and are under discussion. The Corps 
     should not undertake such studies with any funds made 
     available until the authorizers have made clear their 
     policies and intentions in future law.
       Within the funds provided for the Corps of Engineers 
     Research and Development Program, $1,000,000 is provided for 
     innovative technology demonstrations for urban flooding and 
     channel restoration. These demonstrations shall be conducted 
     in close coordination and cooperation with the Urban Water 
     Research Program of the Desert Research Institute of Nevada. 
     The conferees encourage the Corps of Engineers to continue 
     its work in the area of Submerged Aquatic Vegetation or 
     ``seagrasses'' and restoration efforts in the Chesapeake Bay, 
     Maryland.
       The conferees are also aware of the potential benefits of 
     incorporating modular plastic belting technology into fish 
     screen devices. Accordingly, the conferees ask the Corps of 
     Engineers to consider evaluating the technology's operational 
     and cost benefits and to consider its deployment if the Corps 
     determines that the technology is environmentally and 
     scientifically sound, feasible and effective.
       Language, provided by the Senate, has been included in the 
     bill regarding the Southwest Valley Flood Damage Reduction 
     study in New Mexico, the Waikiki Beach, Hawaii, project and 
     the Kihei Beach, Hawaii, project.

                         Construction, General

       The conference agreement appropriates $1,722,319,000 for 
     Construction, General instead of $1,642,911,000 as proposed 
     by the House and $1,538,000,000 as proposed by the Senate.
       The conferees recognize the urgent need to remove and 
     remediate contaminated soils from the uplands adjacent to the 
     Salt Lagoon and its outfall channel at St. Paul Island, 
     Alaska. The conferees further recognize that the Corps of 
     Engineers has an ongoing project to dredge and excavate 
     sediments from the nearby St. Paul Harbor and to reestablish, 
     by excavation, the traditional flow channel between the 
     harbor and the Salt Lagoon. Given the extremely high cost of 
     mobilizing equipment to St. Paul Island and the Corps of 
     Engineers' expertise in remediating contaminated materials, 
     the conferees direct and authorize the Secretary of the Army 
     to enter into an agreement with the Secretary of 
     Transportation to supplement this ongoing construction 
     project, and to remove and remediate the contaminated 
     materials to an approved disposal site. Funding for the 
     remediation of the contaminated material is to come from 
     funds provided to the National Oceanic and Atmospheric 
     Administration (NOAA) for this purpose.
       The conference agreement does not include funding in the 
     Construction, General account for the Dam Site Park at Greers 
     Ferry Lake, Arkansas. The conferees have provided $8,391,000 
     for Greers Ferry Lake, Arkansas, including $2,000,000 for the 
     modernization of the Dam Site Park recreation facilities 
     under Operations and Maintenance, General.
       Within funds provided for the American River Watershed 
     (Folsom Dam Mini-Raise), California, project, $600,000 shall 
     be provided to the Folsom Dam replacement road and bridge.
       The conference agreement for Oakland Harbor, California, 
     includes $20,000,000 for this critical project. The conferees 
     regret that they cannot provide optimum funding efforts, 
     which are hampered because the Administration only requested 
     $7,000,000 for this project. Given that this project is 
     already under construction, the conferees encourage the 
     Administration to include realistic project funding in future 
     budget submissions.
       The conference agreement includes $7,300,000 to complete 
     Federal funding for all aspects of the Petaluma River, 
     California, flood control project. The Corps of Engineers and 
     the sponsors are urged to proceed expeditiously so that the 
     project can be finished with funds made available and the 
     full benefits of this project are not further delayed.
       The conference recommendation includes $15,000,000 for the 
     Port of Los Angeles, California, project. Despite the fact 
     this project is already under construction, the 
     Administration did not propose any funding for this project. 
     The conferees expect the Administration to budget for a 
     project of this scope more responsibly in the future.
       The conference agreement provides $22,500,000 for continued 
     construction of the Santa Ana River Mainstem, California, 
     project, including $7,000,000 for the acceleration of work on 
     the San Timoteo Creek element.
       The conferees have provided $500,000 for continuation of a 
     feasibility study of perchlorate contamination in the City of 
     Santa Clarita, California.
       The conference agreement includes $500,000 to initiate 
     construction on the Delaware Bay Coastline, Bethany Beach to 
     South Bethany Beach, Delaware project.
       The conference agreement includes $500,000 for the Florida 
     Keys Water Quality Improvements project, which was not 
     included in the Administration's budget request. The 
     conferees ask that the Administration give consideration to 
     including this critical work in future funding requests, and 
     to the possibility of including it in the larger Everglades 
     Restoration effort.
       The conference agreement includes additional language, 
     proposed by the House, concerning availability of funds 
     appropriated for the Florida Everglades and for the New York 
     and New Jersey Harbors, New York, and New Jersey.
       The conferees have provided $300,000 for the Martin County, 
     Florida, project.
       The conferees have provided an additional $4,350,000 for 
     wildlife mitigation at the Richard B. Russell Dam and Lake, 
     Georgia and South Carolina. These funds, combined with funds 
     provided in Fiscal Year 2003, satisfy the Federal obligation 
     for the lump sum payment to the State of South Carolina 
     required by Section 348(k) of the Water Resources Development 
     Act of 2000.
       The conference agreement includes $4,450,000 for 
     environmental infrastructure projects as authorized in 
     Section 595 of the Water Resources Development Act, as 
     amended, in Rural Idaho. Funds are to be used for the 
     following Idaho projects: City of Burley, Coolin Sewer 
     District, City of Horseshoe Bend, Upper St. Joe Distribution 
     Line, Blackfoot Water Diversion, Spirit Lake Restoration, 
     Emmett Wastewater, McCammon Wastewater, and the Middleton 
     Water and Sewer Authority.
       The conferees note that in addition to the Construction, 
     General funding provided for the Chicago Sanitary and Ship 
     Canal, Illinois, $750,000 is also provided in the Section 
     1135 Continuing Authorities Program to continue the work on a 
     second barrier.
       The conferees have provided $100,000 to initiate 
     construction of the Little Grassy Pump feature of the Wood 
     River Drainage and Levee District project in Illinois.
       The conference agreement includes $500,000 for Northeastern 
     Minnesota, Minnesota.
       The conference agreement deletes funding in this account 
     proposed for the Table Rock Lake, Missouri facility, 
     modernization project. The conferees have provided $9,000,000 
     for Table Rock Lake, Missouri, under Operations and 
     Maintenance, General, including $3,500,000 for the 
     modernization of day use, boat launch, and other recreation 
     facilities at its Campbell Point, Cape Fair, Indian Point and 
     Baxter parks, and for other maintenance items.
       The conferees have included $3,000,000 for rural Montana 
     projects. Within the funds provided, the Corps of Engineers 
     is directed

[[Page H11024]]

     to give consideration to projects at Conrad, Laurel, 
     Belgrade, Drummond, Wisdom, Melston, Manhattan and Grant 
     Creek. Other communities that meet the program criteria 
     should be considered as funding allows.
       The conferees have included $9,000,000 for Rural Nevada 
     projects. Within the funds provided, the Corps of Engineers 
     is directed to give consideration to projects at Boulder 
     City, Mesquite, Tonopah, Lyon County (Carson River Regional 
     Water System), Gerlach, Incline Village, Lawton-Verdi, 
     Esmeralda County, Churchill County, West Wendover and 
     Searchlight. Other communities that meet the program criteria 
     should be considered as funding allows.
       The conferees have provided $1,000,000 for the Corps of 
     Engineers to initiate construction of the Barnegat Inlet to 
     Little Egg Harbor Inlet, New Jersey, beach erosion control 
     project.
       The conference agreement includes $500,000 for the Delaware 
     Bay Coastline, Villas and Vicinity, New Jersey, project.
       The conferees have provided $9,000,000 for the Delaware 
     Main Channel, New Jersey, Delaware, and Pennsylvania, 
     project, which continues to undergo a rigorous cost-benefit 
     reanalysis and verification by independent reviewers. The 
     Corps of Engineers is to be commended for this effort. The 
     conferees are aware that the production of a complete 
     justification may consume several additional months and urge 
     that these funds be temporarily re-programmed to other high-
     priority work if they are not required for the deepening 
     effort in fiscal year 2004.
       The conference recommendation includes $5,000,000 for the 
     Central New Mexico, project; $4,000,000 for completion of the 
     construction work on the Double Eagle II Infrastructure 
     Upgrade, the Bosque Farms Plant, the Tijeras Water System 
     upgrade and the Bernalillo plant; and, $1,000,000 for the 
     Black Mesa Area Flood Management project.
       The Secretary of the Army is urged to utilize up to 
     $2,000,000 annually of the funds provided from the New York 
     and New Jersey Harbor, New York and New Jersey project from 
     the Construction, General appropriations through fiscal year 
     2008, to plan for and enter into an agreement with a state or 
     non-Federal sponsor to develop a dredged material processing 
     facility that would accomplish the objectives of reducing the 
     cost of dredged material management in the port and preparing 
     dredged material for beneficial uses, and to implement a 
     project utilizing innovative dredged material management 
     technologies.
       The conferees agree that the Secretary of the Army may use 
     any remaining available funds from funds appropriated in 
     Public Law 101-101 for the Hamlet City Lake, North Carolina 
     project, to provide assistance in carrying out any authorized 
     water-related infrastructure projects in Richmond County, 
     North Carolina.
       The conference agreement includes $350,000 for the Stanly 
     County Wastewater Infrastructure project in North Carolina.
       The conferees have provided $3,900,000 for the Mill Creek, 
     Ohio, Flood Control project and have included language in the 
     bill which direct the Secretary of the Army to complete the 
     General Reevaluation Report within 15 months of this 
     legislation at 100 percent Federal cost. The General 
     Reevaluation 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. No. 91-611). Funding provided herein, is to continue 
     the General Reevaluation Report and the repair of the 
     previously constructed Section 3 area.
       The conferees direct that none of the funds provided for 
     the Olmsted Locks and Dam, Ohio project be used to reimburse 
     the Claims and Judgment Fund.
       The conferees have provided $75,000 for the Corps of 
     Engineers to initiate plans and specifications for the Ottawa 
     River Harbor navigation project in Ohio.
       The conferees note relative to the Cheyenne River Sioux 
     Tribe, Lower Brule Sioux, South Dakota project, that Title VI 
     of the Water Resources Development Act of 1999, as amended, 
     authorizes funding to pay administrative expenses, 
     implementation of terrestrial wildlife plans, activities 
     associated with land transferred or to be transferred, and 
     annual expenses for operating recreational areas. Within the 
     funds provided, the conferees direct that not more than 
     $1,000,000 shall be provided for administrative expenses, and 
     that the Corps is to distribute remaining funds as directed 
     by Title VI to the State of South Dakota, the Cheyenne River 
     Sioux Tribe and Lower Brule Sioux Tribe.
       The conference agreement provides $1,072,000 to complete 
     the Black Fox, Murfree, and Oaklands Springs Wetlands, 
     Murfreesboro, Tennessee, project. The conferees are aware 
     that this project has exhibited growth in both scope and cost 
     since its inception, and agree that no additional Federal 
     funds will be appropriated; the Corps of Engineers and the 
     sponsors are therefore urged to take necessary measures to 
     bring the project to fruition as soon as possible.
       The conferees have included $5,400,000 to continue design 
     and initiate construction for Chickamauga Lock, Tennessee.
       The conference report includes $500,000 to continue major 
     rehabilitation work on the Whitney Lake Powerhouse, Texas.
       The conference agreement includes language, proposed by the 
     Senate, regarding the continued construction of the Dallas 
     Floodway Extension project in Texas.
       The conference agreement includes language, proposed by the 
     Senate, concerning the acceptance of advance funds for the 
     Los Angeles, California, project.
       The conference agreement includes language, proposed by the 
     Senate, directing use of funds for the Hawaii Water 
     Management and Kaumalapau Harbor projects, in Hawaii.
       The conference agreement includes language, proposed by the 
     Senate, directing the use of Dam Safety and Seepage/Stability 
     Correction Program funds for the project at Waterbury Dam, 
     Vermont.
       The conference agreement includes language, proposed by the 
     Senate and the House, providing for use of funds for elements 
     of the Levisa and Tug Forks of the Big Sandy River and Upper 
     Cumberland River project, West Virginia, Virginia, and 
     Kentucky.
       The conference agreement includes language, proposed by the 
     Senate, concerning the construction of the Seward Harbor, 
     Alaska, project: the upgrades at Kake, Alaska; and the 
     construction of the Wrangell Harbor, Alaska, project.
       The conference agreement includes language, proposed by the 
     Senate, providing direction for the use of funds for the 
     Tampa Harbor, Florida, project.
       The conference agreement includes language, proposed by the 
     Senate, addressing the introduction of non-native oyster 
     species into the Chesapeake Bay.
       The conference agreement includes language providing 
     direction for construction of the Miami Harbor, Florida, 
     project.
       The conference agreement includes language, proposed by the 
     House, providing for authorization for reconstruction of the 
     Cape Girardeau, Missouri, project.
       The conferees have determined that certain activities 
     associated with the flood control project identified in the 
     House Report under the Construction, General account for 
     Washington, D.C. & Vicinity will be funded under the General 
     Investigations account. The conferees have provided $250,000 
     for the Corps of Engineers to execute the appropriate 
     Memoranda of Understanding and Memoranda of Agreements to 
     pave the way for project construction.
       The conference agreement provides $4,000,000 for the 
     Aquatic Plant Control Program. Within the appropriated 
     amount, the conferees have provided $200,000 for the Corps to 
     undertake aquatic plant control in high priority sites in 
     Texas and $100,000 for the control of Hydrilla in the Potomac 
     River and Tributaries, Virginia, Maryland, and the District 
     of Columbia. Program funds also include $300,000 for a cost 
     shared effort with the State of South Carolina and $400,000 
     for a cost shared effort with the State of Vermont. The 
     conferees urge the Corps to establish a cost shared program 
     with the State of Hawaii.
       The conferees direct the Corps of Engineers to undertake 
     the projects listed in the House and Senate Reports and any 
     additional projects described below for the various 
     continuing authority programs. The recommended funding levels 
     for these programs are as follows: Section 206--$18,050,000; 
     Section 204--$6,000,000; Section 14--$9,000,000; Section 
     205--$30,000,000; Section 111--$1,500,000; Section 1135--
     $17,000,000; Section 107--$9,000,000; Section 103--
     $3,500,000; and Section 208--$500,000. The conferees are 
     aware that there are funding requirements for ongoing 
     continuing authorities projects that may not be accommodated 
     within the funds provided for each program. It is not the 
     intent of the conferees that ongoing projects be terminated. 
     If additional funds are needed during the year to keep 
     ongoing work in any program on schedule, the conferees urge 
     the Corps of Engineers to reprogram funds into the program.
       Under the Section 206 program, the conferees have included 
     $500,000 for the Stevenson Creek project in Pinellas County, 
     Florida; $220,000 to complete a feasibility study for Long 
     Lake, Indiana; $50,000 for aquatic restoration of Ventura 
     Marsh at Clear Lake Watershed in Iowa; $200,000 to continue a 
     feasibility study for the Paint Branch Fish Passage project 
     in Maryland; $300,000 to advance the feasibility study for 
     Echo Bay, New Rochelle, New York; $75,000 for Little Sugar 
     Creek, North Carolina; and $100,000 for the West Cary Stream 
     restoration in North Carolina. The conference agreement also 
     includes $513,000 for the Corps to address acid mine drainage 
     for the Cheat River Basin, Lick Run project in West Virginia 
     under the Section 206 program.
       Within the funds provided under the Section 204 program, 
     the conference agreement includes $3,000,000 in connection 
     with the harbor of Morehead City, North Carolina, a project 
     to disperse sand along Bogue Banks.
       Under the Section 14 program, the conference agreement 
     corrects the jurisdictional reference for the Borough of 
     Rumson from ``New York'' to ``New Jersey''. The conferees 
     provide $40,000 for the Concordia University Section 14 
     project in Mequon, Wisconsin. The conference agreement also 
     deletes Section 14 funding for Ottawa River, Shoreline Drive 
     in Toledo, Ohio; Engel Park, Town of Ossining, New York; and 
     for Burlington, Vermont.
       Under the Section 205 program, the conference agreement 
     includes $100,000 for the Corps of Engineers to produce a 
     feasibility study of flooding problems at the KellyUSA site 
     in Bexar County, Texas. The conferees have included $130,000 
     to continue feasibility studies for the Indian and Dry Run 
     Creeks Watershed, and the Cedar River Levee, in Cedar Rapids, 
     Iowa. Also included in the conference agreement under Section 
     205 are

[[Page H11025]]

     $200,000 for engineering, and design of the Upper Passaic 
     River and Tributaries, New Jersey project and $300,000 for 
     Parke Run, Downingtown, Pennsylvania. The conference 
     agreement for the Section 205 program does not include 
     funding for the Higginson, Arkansas project or the Bono, 
     Arkansas feasibility study.
       Within the funds provided under the Section 1135 program, 
     the conference agreement includes $350,000 for ecosystem 
     restoration of the Bull Creek Channel in California, and 
     $100,000 for Rathbun Lake Wetlands Habitat Restoration, Iowa. 
     Also included under this program is $500,000 for completion 
     of the design and initiation of construction of the McCarran 
     Ranch, Nevada, environmental restoration project.
       Within the funds provided under the Section 103 program, 
     the conference agreement includes $100,000 for Bayou Teche, 
     Louisiana.
       Within the funds provided under the Section 208 program, 
     the conference agreement includes $67,000 for Deep River, 
     Lake Station, Indiana.


 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
        Kentucky, Louisiana, Mississippi, Missouri and Tennessee

       The conference agreement appropriates $324,222,000 for 
     Flood Control, Mississippi River and Tributaries, instead of 
     $301,054,000 as proposed by the House and $329,000,000 as 
     proposed by the Senate.
       The conferees recognize the critical need of advancing much 
     needed construction work on the Mississippi River Levees 
     project to ensure the integrity of the levee system and to 
     protect people and property from flooding. Therefore, the 
     conferees have included $47,000,000 for Mississippi River 
     Levees, including $500,000 for initiation of Birds Point-New 
     Madrid, Missouri, flowage easements; $450,000 to initiate St. 
     Johns-New Madrid, Missouri, mitigation lands, box culverts, 
     and levee closure; and $2,070,000 for Nash, Missouri, relief 
     wells. Funding will also support preparation of plans 
     and specifications and initiation of construction on the 
     Lower Mississippi River Museum and Riverfront Interpretive 
     Site.
       The conferees are also aware of the backlog of critical 
     maintenance items in the Mississippi River Levees project and 
     have included $11,000,000 in the conference agreement. The 
     additional funds include $750,000 to repair or replace 
     culverts at Mound Creek, Illinois and New Madrid, Missouri; 
     $500,000 to repair the Cairo, Illinois, floodwall; $600,000 
     to provide gravel surfacing to selected levee-top roads in 
     Arkansas, Mississippi, and Louisiana; $2,000,000 to provide 
     levee crown surfaces in Louisiana, and $1,500,000 to repair 
     the Birds Point-New Madrid, Missouri, levee setback with lime 
     injection.
       The conference agreement includes language, proposed by the 
     Senate, directing activities on the Yazoo Backwater, Yazoo 
     Backwater Pumping Plant, Mississippi, and the Grand Prairie, 
     Arkansas, projects.


                   Operation and Maintenance, General

       The conference agreement appropriates $1,967,925,000 for 
     Operation and Maintenance, General instead of $1,932,575,000 
     as proposed by the House and $2,014,000,000 as proposed by 
     the Senate.
       During fiscal year 2002, the General Accounting Office 
     [GAO] reviewed the benefits and effects of current and 
     proposed restrictions on the Corps of Engineers' hopper 
     dredge fleet. Congress faces significant future investments 
     in the Corps hopper dredge fleet, as it is rapidly aging. The 
     conferees believe that the investment decisions must take 
     into consideration the subsequent use of the fleet. The final 
     GAO report, released March 2003, reviewed the impacts of 
     operational changes to the fleet since fiscal year 1993. 
     GAO's findings made it clear to the conferees that additional 
     costs have been imposed upon the Corps with the decreased use 
     of the fleet, but that the benefits have not been realized. 
     Additionally, the GAO found that the Corps' contracting 
     process for hopper dredges was not effective. Most 
     importantly, the GAO reported that the Corps did not have 
     even a limited system to evaluate the costs and benefits of 
     the varying operational levels of its hopper dredge fleet, 
     nor did it have a means to make maintenance and repair 
     decisions of the fleet taking operational use into 
     consideration. The conferees remain concerned that since 
     2000, the Corps has provided to Congress, a report which has 
     been found to have no analytical basis, thus calling into 
     question the ready reserve policy.
       Therefore, the conferees direct the Corps of Engineers to 
     report to the Appropriations Committees within 6 months of 
     enactment of this Act, with a detailed plan of how it intends 
     to rectify the current situation. The plan is to include how 
     the Corps intends to establish a baseline for determining the 
     appropriate use of the Corps hopper dredge fleet in the 
     future. Finally, the Corps shall include a comprehensive 
     analysis of the costs and benefits of the existing and 
     proposed restrictions on the use of the fleet. Overall, the 
     conferees expect the Corps to put in place measures by which 
     better investment decisions regarding the fleet can be made.
       The conferees have provided $22,500,000 in funding for 
     Tennessee-Tombigbee Waterway, Alabama and Mississippi, 
     including $500,000 for continued restoration of the historic 
     Snagboat Montgomery.
       The conferees are in agreement that capital costs of new 
     site security and anti-terrorism improvements at flood 
     control projects in Central California for which non-Federal 
     interests have repayment contracts with the Bureau of 
     Reclamation shall be subject to the Bureau's current policy 
     for repayment of such anti-terrorism expenditures.
       The conferees have provided $6,000,000 for operation and 
     maintenance of the Los Angeles County Drainage Area project, 
     including activities at Hansen Dam.
       The conferees include $500,000 for maintenance dredging at 
     Port Hueneme in Ventura County, California.
       The conference agreement provides $500,000 for continued 
     dredging at San Pablo Bay and Mare Island Strait, including 
     Pinole Shoal, in California.
       The conference agreement includes $5,185,000 for 
     maintenance dredging of the Tampa Harbor, Florida project.
       The conferees have provided $5,000,000 for the 
     Apalachicola, Chattahoochee, and Flint Rivers project which 
     includes annual dredging of the river, annual operations and 
     maintenance of the George W. Andrews Lock, spot dredging of 
     shoals, continuation of slough mouth restorations, 
     continuation of restoration efforts at Corley Slough, and 
     routine operations and maintenance of the project.
       The conference agreement includes, within available funds, 
     $100,000 under Operation and Maintenance, General, to 
     continue report activities associated with Lucas Berg Pit, 
     Worth, Illinois, which is part of the Illinois Waterway (MVR 
     portion), Illinois and Indiana project.
       Within the funds provided, up to the amount of $300,000, 
     the conferees direct the Corps of Engineers to perform 
     maintenance dredging at Saugatuck Harbor, Michigan. The 
     conferees have also provided $250,000 for maintenance 
     dredging of Bolles Harbor at La Plaisance Creek in Michigan.
       As part of the Mississippi River Between Missouri River and 
     Minneapolis project, the conferees have agreed that the Corps 
     should give consideration to Tow Haulage Unit Replacement and 
     the conservation of the endangered Higgins Eye Mussel.
       The conferees have provided additional funds for the 
     Delaware River, Philadelphia to the Sea, New Jersey, 
     Pennsylvania, and Delaware project to continue construction 
     at Pea Patch Island.
       The conferees have provided $250,000 for sediment removal 
     and dam repair at Junaluska, North Carolina.
       The conference report includes an additional $300,000 for 
     mosquito control and prevention, and limited facility 
     improvements at Garrison Dam, Lake Sakakawea, North Dakota.
       The conference agreement includes $500,000 for serious 
     safety repairs for the John Day Lock and Dam, Oregon and 
     Washington, on the Columbia-Snake Waterway system. The 
     conferees believe that the budget request does not adequately 
     address the serious nature of the problems at this structure 
     and has accordingly provided funds above the budget request. 
     The problems being experienced at this structure are 
     indicative of the way maintenance of structures in the 
     Federal inventory has been shortchanged. Timely, adequate 
     maintenance funding would have likely prevented the costly 
     measures that must now be undertaken to correct the problems. 
     The conferees strongly encourage that adequate funding for 
     maintenance be included in future budget submissions.
       Within the $342,000 additional funding for the Monongahela 
     River, Pennsylvania and West Virginia, project, the conferees 
     urge that the Corps of Engineers examine the practicality of 
     remote control automation devices at the Hildebrand, 
     Morgantown, and Opekiska Locks and to report to the 
     Committees on Appropriations of its findings by March 31, 
     2004.
       The conferees urge that the Federal Navigation Project for 
     the Providence River and Harbor shall include maintenance 
     dredging of the Pawtuxet Cove Federal Navigation Project in 
     Cranston and Warwick, Rhode Island, and the Bullocks Point 
     Cove Federal Navigation Project in East Providence and 
     Barrington, Rhode Island, and disposal of dredged material 
     from these projects in the Confined Aquatic Disposal cells in 
     the Providence River.
       The conference agreement includes $150,000 within the 
     authority made available for Removal of Sunken Vessels, for 
     the Corps to perform a detailed examination of the remains of 
     the vessel ``State of Pennsylvania'' located in the Christina 
     River in an effort to assess the cost for its removal. In 
     addition, the conferees express support for efforts to raise 
     the CSS Georgia and hope that the Army Corps of Engineers 
     will continue to advise and assist with options for raising 
     this important historic artifact.
       The conferees note that Title VI of the Water Resources 
     Development Act of 1999, as amended, requires that funding to 
     inventory and stabilize cultural and historic sites along the 
     Missouri River in South Dakota, and to carry out the 
     terrestrial wildlife habitat programs, shall be provided from 
     the Operation and Maintenance account. The conference 
     agreement provides $5,000,000 to protect cultural resource 
     sites and provide funding to the State and Tribes for 
     approved restoration and stewardship plans and in compliance 
     with the requirements of Title VI, directs the Corps to 
     contract with or reimburse the State of South Dakota and 
     affected Tribes to carry out these duties.
       The conference agreement includes $1,400,000 for continued 
     maintenance dredging of the Waterway on the Coast of 
     Virginia, project.
       The conferees note the proximity of Corps navigation 
     facilities on the Columbia River

[[Page H11026]]

     between Chinook and the Head of Sand Island, Washington, and 
     at Baker Bay, Washington, and encourage the Corps of 
     Engineers to seek ways to achieve cost savings and 
     efficiency, such as by utilizing appropriate contracting 
     methods while having these two projects be considered 
     together when seeking bids and awarding contracts.
       The conferees have provided $15,000,000 in funding for 
     extraordinary maintenance; these funds are provided in 
     recognition of the inability of the Corps of Engineers, for 
     the last several years, to fund storm damage remediation in 
     West Virginia, Michigan, Missouri, and other states. The 
     conferees expect that the Corps will devote this funding to 
     storm damages not previously addressed, rather than routine 
     or backlog maintenance items.
       The conference agreement includes language, proposed by the 
     Senate, concerning operation and maintenance costs for the 
     SR1 Bridge, Delaware.
       The conference agreement includes language, proposed by the 
     Senate, regarding the rehabilitation of the dredged material 
     disposal site at Bodega Bay, California.
       The conference agreement includes language directing the 
     use of funds by the Corps of Engineers for the Laguna Madre 
     portion of the Gulf Intracoastal Waterway in Texas, and 
     conditions for performing necessary maintenance along the 
     Gulf Intracoastal Waterway, Texas.
       The conference agreement includes language providing 
     direction for the removal of a weir on the Mayfield Creek and 
     Tributaries, Kentucky, project.
       The conferees direct that the Corps of Engineers shall not 
     obligate any surplus funds resulting from the enactment of 
     the Power Marketing Administrations direct funding 
     legislation prior to the submission of a plan, for approval, 
     by the House and Senate Appropriations Committees.


                           Regulatory Program

       The conference agreement appropriates $140,000,000 for the 
     Regulatory Program instead of $144,000,000 as proposed by the 
     House and $139,000,000 as proposed by the Senate.


            Formerly Utilized Sites Remedial Action Program

       The conference agreement appropriates $140,000,000 for the 
     Formerly Utilized Sites Remedial Action Program (FUSRAP) as 
     proposed by the House and the Senate. The conferees provide 
     the Corps of Engineers with reprogramming authority for 
     FUSRAP projects of up to 15 percent of the base of the 
     receiving project. Reprogrammed funds must be excess to the 
     source project.


                 Flood Control and Coastal Emergencies

       In light of the recent replenishment of the Flood Control 
     and Coastal Emergencies reserve fund, the conferees have 
     provided no additional funds for this account. The recent 
     depletion of this account, however, calls attention to two 
     areas of concern about how this account is funded and 
     administered. First, the drawing down of funds which could 
     have been used to respond to actual emergency events to meet 
     routine administrative and readiness expenses suggests that 
     the Nation would be better served if response and readiness 
     funds were provided and administered separately. Second, 
     justification provided by the Corps of Engineers suggests 
     that those administrative and readiness expenses have grown 
     to unacceptable levels. The Secretary is directed to consider 
     changes in the separate management of these funds, and to 
     report to the Appropriations Committees of the House and 
     Senate within 180 days of enactment of this legislation into 
     law.
       The Nation deserves the best, most reliable, most 
     economical tools which technology can provide for the 
     protection of its citizenry and their property when 
     confronted with natural disaster. The conferees are aware of 
     the preliminary testing of the Rapid Deployment Flood Wall at 
     the Engineering Research and Development Center in Vicksburg, 
     Mississippi. This technology has shown promise in the effort 
     to fight floods. Its proponents claim, and preliminary tests 
     tend to confirm, that it can be cost-effective, quick to 
     deploy, and superior to traditional sandbags in protecting 
     property from flood damages totaling millions in dollars each 
     year. The conferees therefore direct the Corps of Engineers, 
     within funds available in the Flood Control and Coastal 
     Emergencies account, to act immediately to devise real world 
     testing procedures for this and other promising alternative 
     flood fighting technologies, and to provide a status report 
     to the Committees on Appropriations with 180 days of 
     enactment of this legislation.


                             Revolving Fund

       The conferees are concerned about the cost of aircraft 
     maintenance by the Corps of Engineers. The conferees realize 
     that reliable and readily available transportation is 
     necessary for the Corps to effectively perform many of its 
     missions, especially those related to emergencies, and that 
     the Corps division offices support these missions in the 
     geographic regions for which they are responsible. The 
     conferees found the report required as part of the fiscal 
     year 2003 appropriations activities lacking and therefore 
     direct the Corps to re-evaluate the costs and benefits of the 
     Corps maintaining its own aircraft. This reanalysis must 
     include all other options for air transportation, including 
     the use of military aircraft. With constricted budgets, the 
     conferees are skeptical that the possession and maintenance 
     of an aircraft by any division or district is both cost-
     effective and mission-essential when compared to 
     alternatives, such as use of military aircraft and leasing. 
     Therefore, the Corps must present to the House and Senate 
     Appropriations Subcommittees on Energy and Water Development 
     a justification that includes a complete and thorough 
     economic analysis for approval before any additional aircraft 
     are acquired. The Corps is directed to submit, within 6 
     months, a justification and economic analysis to support the 
     continued maintenance of aircraft by the Corps as an asset. 
     For purposes of this analysis, and for the purpose of 
     determining whether or not use of a Corps-owned aircraft is 
     appropriate for a discrete mission, the Corps is directed to 
     employ realistic measures of time saved and the full value of 
     that time.


                            General Expenses

       The conferees are aware that there has been a change in 
     which audit organization conducts the audit of the financial 
     statements of the Army Corps of Engineers. Further, the 
     conferees are aware that the budget request included 
     $7,000,000 for an audit of the Corps of Engineers and the 
     conferees have not included funds for this audit. The 
     conferees direct that the Corps continue to produce and 
     provide audit information as it has in past years.

                           General Provisions

                       Corps of Engineers--Civil

       Section 101. The conference agreement includes language 
     proposed by the House and the Senate, which places a limit on 
     credits and reimbursements allowable per year and per 
     project.
       Section 102. The conference agreement includes language 
     proposed by the House prohibiting the expenditure of funds 
     related to a proposed landfill in Tuscarawas County, Ohio.
       Section 103. The conference agreement includes language 
     proposed by the Senate which prohibits the reorganization or 
     change of the Corps of Engineers statutory mission without a 
     subsequent Act of Congress.
       Section 104. The conference agreement includes language 
     proposed by the House prohibiting the expenditure of funds 
     related to a proposed landfill in Sandy Township, Stark 
     County, Ohio.
       Section 105. The conference agreement includes language 
     proposed by the Senate amending the authorization of the 
     Alamogordo, New Mexico, flood control project.
       Section 106. The conference agreement includes language 
     proposed by the House that renames Lock and Dam 3 on the 
     Allegheny River in Pennsylvania.
       Section 107. The conference agreement includes language 
     providing that the Secretary of the Army may utilize 
     continuing contracts in carrying out the studying, planning, 
     or designing of a water resources project authorized for 
     study, prior to the authorization of the project for 
     construction.
       Section 108. The conference agreement includes language 
     proposed by the Senate which authorizes oil bollard and 
     debris removal at Burlington Harbor, Vermont.
       Section 109. The conference agreement includes language, 
     proposed by the Senate which makes technical corrections for 
     the Kake Dam Replacement in Kake, Alaska.
       Section 110. The conference agreement includes language 
     proposed by the Senate deauthorizing some components of the 
     federal navigation channel in Pawtuxet Cove, Rhode Island.
       Section 111. The conference agreement includes language 
     proposed by the Senate authorizing the Secretary of the Army 
     to provide assistance to non-Federal interests at Tar Creek, 
     Ottawa County, Oklahoma.
       Section 112. The conference agreement includes language 
     proposed by the Senate to use previously appropriated funds 
     for technical assistance related to coastal erosion in 
     Alaskan communities, at full Federal expense.
       Section 113. The conference agreement includes language 
     proposed by the Senate which prohibits the use of funds for 
     closure or removal of the St. Georges Bridge, Delaware.
       Section 114. The conference agreement includes language 
     proposed by the Senate extending the date for which the Corps 
     of Engineers can accept funds from non-Federal entities to 
     process permits.
       Section 115. The conference agreement includes language 
     proposed by the Senate regarding Section 353 of Public Law 
     105-227.
       Section 116. The conference agreement includes language 
     proposed by the Senate for emergency project restoration at 
     Middle Rio Grande bosque in and around Albuquerque, New 
     Mexico.
       Section 117. The conference agreement includes language 
     proposed by the Senate amending Section 595 of the Water 
     Resources Development Act of 1999.
       Section 118. The conference agreement includes language 
     proposed by the Senate amending Section 560(f) of Public Law 
     106-53.
       Section 119. The conference agreement includes language, 
     proposed by the Senate which further amends Section 219(f) of 
     the Water Resources Development Act of 1992 (Public Law 202-
     580; 106 Stat. 4835), as amended, to include authorization 
     for wastewater infrastructure at Coronado, California.
       Section 120. The conference agreement includes language, 
     proposed by the Senate amending Section 592(g) of the Water 
     Resources Development Act of 1999.
       Section 121. The conference agreement includes language, 
     proposed by the Senate amending the authorization for the 
     Park River, Grafton, North Dakota, project.

[[Page H11027]]

       Section 122. The conference agreement includes language 
     proposed by the Senate that provides assistance for 
     Schuylkill River Park in Philadelphia, Pennsylvania, pursuant 
     to the Water Resources Development Act of 1996, and as 
     contained in the February 2003 Corps of Engineers report.
       Section 123. The conference agreement includes language 
     proposed by the Senate authorizing the Corps of Engineers to 
     implement ecosystem restoration for the Gwynns Falls 
     Watershed in Baltimore, Maryland.
       Section 124. The conference agreement includes language 
     proposed by the Senate authorizing the Snake River Confluence 
     Interpretive Center in Clarkston, Washington.
       Section 125. The conference agreement provides language 
     providing direction for completion of the flood damage 
     reduction general reevaluation report for Mill Creek, 
     Cincinnati, Ohio.
       Section 126. The conference agreement includes language 
     amending Section 219(f)(25) of the Water Resources 
     Development Act of 1992 relative to Lakes Marion and 
     Moultrie, South Carolina.
       Section 127. The conference agreement includes language 
     amending Section 219(f) of the Water Resources Development 
     Act of 1992 relative to Charleston, South Carolina.
       Section 128. The conference agreement includes language 
     authorizing the project for flood damage reduction and 
     environmental restoration of the American River Watershed, 
     California and directs the Secretary of the Army to 
     immediately commence studies for and the design of a 
     permanent bridge.
       Section 129. The conference agreement modifies the 
     authorizing legislation and subsequent modifications for the 
     American and Sacramento Rivers, California and directs the 
     Secretary to carry out the project.
       Section 130. The conference agreement includes language 
     allowing the Secretary of the Army to establish an 
     environmental assistance program for Placer and El Dorado 
     Counties, California.
       Section 131. The conference agreement amends Section 
     219(f)(23) of the Water Resources Development Act of 1992 for 
     the Sacramento Area, California.
       Section 132. The conference agreement includes language 
     allowing the Secretary of the Army to establish an 
     environmental assistance program for the Upper Klamath Basin, 
     California.
       Section 133. The conference agreement amends Section 219(f) 
     of the Water Resources Development Act of 1992 for Placer and 
     El Dorado Counties, California; and for Lassen, Plumas, 
     Butte, Sierra, and Nevada Counties, California.
       Section 134. The conference agreement includes language 
     which authorizes funds to be appropriated for the 
     construction of a permanent bridge for the American River 
     Watershed.
       Section 135. The conference agreement amends Section 
     504(a)(2) of the Water Resources Development Act of 1999 by 
     striking ``Kehly Run Dam'' and inserting ``Kehly Run Dams''.
       Section 136. The conference agreement modifies the 
     authorization for the McClellan-Kerr Arkansas River 
     Navigation project to a project depth of 12 feet.
       Section 137. The conference agreement includes a provision 
     to credit the non-Federal sponsor for environmental dredging 
     at Ashtabula River, Ohio.
       Section 138. The conference agreement includes language 
     providing authorization for review of a feasibility report 
     for waterfront development at Gateway Point, North Tonawanda, 
     New York.
       Section 139. The conference agreement includes language 
     affecting specific portions of the projects for navigation 
     for Chicago River and Chicago Harbor, Illinois.
       Section 140. The conference agreement provides direction 
     for activities under the authority provided by Section 214 of 
     the Water Resources Development Act of 2000.
       Section 141. The conference agreement includes language 
     regarding credits for Wolf Lake, Indiana.
       Section 142. The conference agreement provides direction to 
     the Secretary of the Army involving credit for the cost of 
     design work completed by the non-Federal interests for the 
     Cook County, Illinois, project.
       Section 143. The conference agreement includes language 
     regarding credits for the non-Federal sponsor for Los Angeles 
     Harbor, Los Angeles, California.
       Section 144. The conference agreement includes language 
     concerning credits for San Lorenzo, California.
       Section 145. The conference agreement includes language 
     amending Section 219(f)(12) of the Water Resources 
     Development Act of 1992 for the Calumet Region, Indiana.
       Section 146. The conference agreement includes 
     authorization regarding the Meramec River Basin, Valley Park 
     Levee project in Missouri.
       Section 147. The conference agreement includes language 
     modifying the authorization for the flood control project for 
     Saw Mill Run, Pennsylvania.
       Section 148. The conference agreement includes language 
     which modifies the authorization for the flood control 
     project for Roanoke River Upper Basin, Virginia.
       Section 149. The conference agreement includes language 
     modifying the authorization for the harbor deepening project 
     at Brunswick Harbor, Georgia.
       Section 150. The conference agreement modifies the 
     authorization for the flood control project at Lackawanna 
     River at Olyphant, Pennsylvania.
       Section 151. The conference agreement includes language 
     which modifies the authorization for the Perry Creek Flood 
     Control project at Sioux City, Iowa.
       Section 152. The conference agreement provides language 
     regarding Section 358 of Public Law 105-53 for Elizabeth 
     River, Chesapeake, Virginia.
       Section 153. The conference agreement provides language 
     amending Section 219(f) of the Water Resources Development 
     Act of 1992.
       Section 154. The conference agreement includes language 
     modifying Flood Control Act of 1938 provisions regarding the 
     Mississippi River and Big Muddy River, Illinois.
       Section 155. The conference agreement provides 
     authorization for a project to restore lake depths at Moss 
     Lake, Louisiana.
       Section 156. The conference agreement provides language 
     amending the authorization for Manatee Harbor, Florida.
       Section 157. The conference agreement includes language 
     which authorizes the Secretary of the Army to conduct a study 
     to determine the feasibility of carrying out a project for 
     flood damage reduction in the Harris Gully Watershed, Harris 
     County, Texas.
       Section 158. The conference agreement includes language 
     which provides that the Secretary of the Army may carry out 
     the Reach J, Segment 1, element of the Morganza to the Gulf, 
     Louisiana, project in accordance with the report of the Chief 
     of Engineers, dated August 23, 2002, and supplemental report 
     dated July 22, 2003.
       Provisions not included in the conference agreement.--The 
     conference agreement does not include language, proposed by 
     the Senate to deauthorize inactive Corps of Engineers 
     projects.
       The conference agreement does not include language, 
     proposed by the Senate regarding the use of Power Marketing 
     Administration receipts by the Corps of Engineers.
       The conference agreement does not include language, 
     proposed by the Senate that limits the minimum funding levels 
     for Great Lakes Remedial Action Plans and Sediment 
     Remediation Programs, under the funding available for this 
     program under General Investigations.
       The conference agreement does not include language, 
     proposed by the Senate for providing funding to the 
     International Mountain Bicycling Association under the 
     Operation and Maintenance, General, account.
       The conference agreement does not include language, 
     proposed by the Senate for funding to be made available under 
     Construction, General, for future work under Section 560 of 
     the Water Resources Development Act of 1999.

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[[Page H11079]]

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                Central Utah Project Completion Account

       The conference agreement appropriates $38,191,000 to carry 
     out the provisions of the Central Utah Project Completion Act 
     as proposed by the House and the Senate.
       Section 402(b)(3)(B) of the Central Utah Project Completion 
     Act directed that the Secretary of Energy, out of funds 
     appropriated to the Western Area Power Administration, 
     contribute funds annually to the Utah Reclamation Mitigation 
     and Conservation Fund. On May 9, 2003, the Administration 
     submitted a budget amendment proposing to transfer that 
     responsibility to the Secretary of the Interior and 
     requesting an additional $6,000,000 in this account for that 
     purpose. The conference agreement (Section 214) provides that 
     this payment shall continue to be made from funds 
     appropriated to the Western Power Administration for ten 
     years from the date of enactment of this Act.

                         Bureau of Reclamation

       The summary tables at the end of this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs, and activities of the Bureau of 
     Reclamation. Additional items of conference agreement are 
     discussed below.


                      Water and Related Resources

       The conference agreement appropriates $857,498,000 for 
     Water and Related Resources instead of $817,913,000 as 
     proposed by the House and $859,517,000 as proposed by the 
     Senate.
       The conference agreement includes $4,500,000 for the 
     Colorado River Front Work and Levee system project, 
     $1,000,000 more than the budget request. The Bureau of 
     Reclamation is directed to carry out the work on the water 
     management reservoirs near the All American Canal and 
     associated facilities under the authority of the Colorado 
     River Front Work and Levee System (P.L. 585 and P.L. 560, as 
     amended).
       The conferees are concerned that the Bureau of Reclamation 
     is having to make excess releases of more than 100,000 acre-
     feet of water per year from storage in Colorado River 
     reservoirs in order to meet the delivery requirements of the 
     1944 Treaty with Mexico. This is due to not counting Wellton-
     Mohawk Irrigation and Drainage District drainage flows that 
     are bypassed to the Cienega de Santa Clara as part of the 1.5 
     million acre-feet required to satisfy the Treaty. This loss 
     of water has become particularly acute due to the drought in 
     the Colorado River Basin. The loss of more than 100,000 acre-
     feet per year robs all seven basin states of badly needed 
     water. Title I of the Colorado River Basin Salinity Control 
     Act identified construction and operation of the Yuma 
     Desalting Plant as the solution to the agreement between the 
     United States and Mexico preferred by all parties. 
     Accordingly, the conferees direct the Bureau of Reclamation 
     to expedite its modifications of the plant to accomplish 
     state of the art operation, and accelerate the permitting and 
     environmental compliance activities needed for operation of 
     the plant. The Bureau of Reclamation is directed to report to 
     the House and Senate Committees on Appropriations on the 
     status of those activities within 180 days of enactment of 
     this Act.
       The amount provided for the Delta Division of the Central 
     Valley Project includes: $1,000,000 for the Bureau of 
     Reclamation to continue design of an intertie between the 
     Delta-Mendota Canal and the California Aqueduct; $500,000 to 
     continue oversight activities in coordination with the CALFED 
     Program Implementation Plan; and $1,000,000 to continue 
     activities associated with the enlargement of Los Vaqueros 
     Reservoir.
       The amount provided for the Friant Division of the Central 
     Valley Project includes $1,500,000 to continue Upper San 
     Joaquin River Basin storage investigations.
       The amount provided for Miscellaneous Project Programs of 
     the Central Valley Project includes: $400,000 for the Kaweah 
     River Delta Corridor Enhancement Study; $3,500,000 to 
     continue work on Sacramento River fish screen projects; 
     $1,000,000 for the administration of storage, conveyance, 
     water use efficiency, ecosystem restoration, science, and 
     water transfer activities in support of the CALFED program; 
     $1,000,000 for technical assistance to the State of 
     California; and an additional $2,000,000 for the 
     Environmental Water Account.
       The amount provided for the Sacramento River Division of 
     the Central Valley Project includes: an additional $1,800,000 
     for the Glenn-Colusa Irrigation District fish passage 
     improvement project, including funds for the Bureau of 
     Reclamation to reimburse the Glenn-Colusa Irrigation District 
     for costs incurred by the District in excess of its non-
     Federal cost-sharing requirement; $1,250,000 to continue 
     planning and study activities for Sites Reservoir, including 
     an evaluation of the utilization of both the GCID Main Canal 
     and the Tehama-Colusa Canal as a means to convey water to the 
     proposed reservoir; and $400,000 to continue work on the 
     Colusa Basin Integrated Resources Management Plan.
       The amount provided for the Shasta Division of the Central 
     Valley Project includes $750,000 to continue the evaluation 
     of potential impacts of the proposed Shasta Dam raise.
       The amount provided for the West San Joaquin Division of 
     the Central Valley Project includes $1,000,000 for 
     implementation of the Westside Regional Drainage Plan. The 
     conferees have not provided the funds requested for the 
     payment of settlement costs in the case of Sumner Peck Ranch 
     v. Bureau of Reclamation.
       The conference agreement includes $4,000,000 for the Salton 
     Sea Research Project in California, including $1,000,000 to 
     continue environmental restoration efforts at the New and 
     Alamo Rivers, including efforts in and around Calexico, 
     California, $1,000,000 to continue the Imperial Valley 
     groundwater assessment in cooperation with Lawrence Livermore 
     National Laboratory, and $1,000,000 for additional work 
     needed to prepare for the construction of pilot desalination 
     and demonstration facilities.
       The conferees have provided $1,835,000 for the Southern 
     California Investigations Program, including $300,000 to 
     continue the Chino Basin Conjunctive Use Project, and an 
     additional $400,000 for the Los Angeles Basin Watershed Water 
     Supply Augmentation study.
       The conference agreement includes bill language proposed by 
     the House which provides that $10,000,000 of the funds 
     appropriated for Water and Related Resources shall be 
     deposited in the San Gabriel Basin Restoration Fund to 
     continue the program to design, construct, and operate 
     projects to contain and treat the spreading groundwater 
     contamination in the San Gabriel and Central Groundwater 
     Basins in California.
       The conference agreement includes $52,000,000 for the 
     Bureau of Reclamation to continue construction of the Animas-
     La Plata project in Colorado. The conferees are very 
     concerned about the recently announced $162,000,000 cost 
     increase for this project. This cost increase threatens the 
     project schedule set forth in the authorizing legislation and 
     the ability of the Congress to continue to fund this 
     important project. The conferees direct the Bureau of 
     Reclamation to submit to the Committees on Appropriations 
     within 90 days of enactment of this Act, a detailed report on 
     the cost increase, including an explanation of the elements 
     that comprise the cost increase, the impact of the cost 
     increase on the project schedule, and the need for additional 
     authorization for completion of the project.
       The conference agreement includes $15,000,000 for the 
     Columbia and Snake Rivers Salmon Recovery Project. The 
     conference agreement does not include the $4,000,000 
     requested by the Administration for construction activities 
     that require additional authorization.
       The conference agreement includes an additional $270,000 
     for the Boise Area Projects in Idaho to offset costs 
     associated with water service contract renewals for Lucky 
     Peak Reservoir. The conferees direct the Bureau of 
     Reclamation to not seek reimbursement of these funds from 
     water users.
       The conferees have provided an additional $700,000 under 
     the Oklahoma Investigations Program for the Bureau of 
     Reclamation to continue studies of ways to better manage the 
     resources of the Arbuckle-Simpson aquifer.
       The conference agreement includes $350,000 for the Bend 
     Feed Canal element of the Deschutes Project in Oregon. The 
     conferees understand that this funding will complete the 
     Federal obligation for this project.
       The conference agreement deletes bill language proposed by 
     the Senate regarding the Mni Wiconi project in South Dakota. 
     The amount appropriated for Water and Related Resources 
     includes $25,217,000 to continue construction of the Mni 
     Wiconi project.
       The conference agreement includes $500,000 for the Bureau 
     of Reclamation to continue a feasibility study of water 
     supply infrastructure improvements in Park City, Utah. The 
     Senate had proposed to fund this effort within the programs 
     of the U.S. Army Corps of Engineers.
       The conference agreement includes $4,000,000 for the 
     Drought Emergency Assistance Program. Within the funds 
     provided, $1,000,000 is for emergency assistance in Nebraska, 
     $1,000,000 is for assistance to the Navajo Nation in New 
     Mexico and Arizona, and $1,000,000 is for the completion of 
     emergency wells in Santa Fe, New Mexico. The conference 
     agreement includes language directing the Bureau of 
     Reclamation to complete the Santa Fe wells project through a 
     cooperative agreement with the City of Santa Fe. In addition, 
     the conferees urge the Bureau of Reclamation to provide full 
     and fair consideration to the request for drought assistance 
     from the State of Hawaii. The conferees also encourage the 
     Bureau of Reclamation to investigate the use of moisture 
     sensor irrigation control systems and to give consideration 
     to a demonstration project on Bureau property at the Boulder 
     City, Nevada, office. The demonstration project would 
     determine water savings that might be achieved by use of 
     moisture sensor irrigation control systems where individual 
     and separately adjustable moisture sensors are placed in each 
     irrigation zone on a landscape to monitor and automatically 
     terminate irrigation on a zone-by-zone basis.
       The conference agreement includes $12,871,000 for the 
     Endangered Species Recovery Implementation Program, $500,000 
     below the budget request. Of the amount provided, $2,000,000 
     is for the program in the Platte River basin. The conferees 
     are very concerned about the lack of clear authority for the 
     Bureau of Reclamation to participate in this large, multi-
     year effort. Although the cost of the first increment of this 
     program is currently estimated at $75,000,000, the Bureau of 
     Reclamation indicates that costs

[[Page H11080]]

     could be as much as $150,000,000. The only authority cited by 
     the Bureau of Reclamation for its participation in this 
     effort is the Endangered Species Act, which would seem to 
     limit Reclamation's participation to addressing impacts of 
     operation of its projects on the species at risk. The 
     Commissioner of Reclamation testified that a specific 
     authorization for the program would provide clearer guidance 
     for the expenditure of funds. The conferees agree with that 
     assessment and urge the Administration to work with the 
     states and other Federal agencies to develop a specific 
     authorization for this multi-year, multi-million dollar 
     undertaking.
       The conferees have provided $3,980,000 for the Title XVI 
     Water Reclamation and Reuse Program. Within the amount 
     provided, $2,000,000 is to continue support to the WateReuse 
     Foundation's research program, $300,000 is for the 
     Alamogordo, New Mexico desalination study, and $200,000 is 
     for the Bureau of Reclamation to work with local authorities 
     in Hawaii on water reclamation and reuse opportunities as 
     described in the Senate Report.
       The conference agreement includes $8,400,000 for the Bureau 
     of Reclamation's new Western Water Initiative. Of the funds 
     provided, $1,000,000 is for the Desert Research Institute to 
     address water quality and environmental issues in ways that 
     will bring industry and regulators to mutually acceptable 
     answers, $1,750,000 is for efficiency improvements in the 
     Middle Rio Grande Conservancy District, and $1,000,000 is for 
     the Bureau of Reclamation to enter into a strategic alliance 
     with the International Center for Water Resources Management 
     at Central State University in Ohio, the Ohio View 
     Consortium, and Colorado State University for the development 
     of advanced remote sensing technologies for use in 
     operational decisions to deal with the current drought 
     conditions, and to develop optimal strategies for managing 
     water resources to deal with future constraining events. The 
     House had proposed to fund this work under the Science and 
     Technology Program. In addition, the conferees urge the 
     Bureau of Reclamation to undertake a pilot project for 
     innovative water conservation measures within the Klamath 
     Basin project.


               Bureau of Reclamation Loan Program Account

       The conference agreement includes $200,000 for 
     administrative expenses for the Bureau of Reclamation Loan 
     Program as proposed by the House and the Senate.


                Central Valley Project Restoration Fund

       The conference agreement appropriates $39,600,000 for the 
     Central Valley Project Restoration Fund as proposed by the 
     House and the Senate.
       Within the Anadromous Fish Restoration Program, the 
     conferees urge the Bureau of Reclamation to use $500,000 to 
     facilitate cooperative efforts between the Bureau of 
     Reclamation and local agencies or conservation entities in 
     the Mill Creek Watershed to evaluate and undertake water 
     diversion and fishery options on Mill Creek, and to develop 
     guidelines for resource valuation and Restoration Fund 
     crediting for restoration activities under the Central Valley 
     Project Improvement Act.
       The conference agreement includes language proposed by the 
     House which provides that none of the funds made available 
     from the Central Valley Project Restoration Fund 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.


               California Bay-Delta Ecosystem Restoration

       The conference agreement includes no funds in the 
     California Bay-Delta Ecosystem Restoration account as 
     proposed by the House and the Senate.
       The conferees have provided additional finds within the 
     various units of the Central Valley Project under the Water 
     and Related Resources account for activities that support the 
     goals of the California Bay-Delta Ecosystem Restoration 
     Program as proposed by the Senate. The conferees are aware 
     that legislation to authorize this multi-year, multi-billion 
     dollar program is under consideration by the Congress, but 
     has yet to be enacted. Absent such an authorization, it will 
     be difficult for the Congress to continue its support for 
     this program. Therefore, the conferees strongly urge the 
     parties involved to work to enact an authorization for the 
     program so additional funding can be considered in the fiscal 
     year 2005 appropriations cycle. The additional funds provided 
     in support of the program are to be used as described in the 
     Senate report except for storage investigations in the Upper 
     San Joaquin Watershed, for which a total of $1,500,000 is 
     provided, and activities related to Sites Reservoir, for 
     which a total of $1,250,000 is provided.
       Should funding requirements shift within the CALFED related 
     activities funded within the Central Valley Project, the 
     conferees would consider requests to reprogram funding within 
     the designated CALFED items.


                       Policy and Administration

       The conference agreement appropriates $55,525,000 for 
     Policy and Administration instead of $56,525,000 as proposed 
     by the House and instead of $54,425,000 as proposed by the 
     Senate.
       The conference agreement does not include language proposed 
     by the Senate regarding acquisitions made by the Department 
     of the Interior of articles, materials and supplies 
     manufactured outside the United States.
       Contracting Out.--The conferees continue to be committed to 
     increasing the contracting out of the Bureau of Reclamation's 
     functions which can be reasonably performed in the private 
     sector, particularly planning, engineering and design work. 
     However, the conferees also believe that some Federal 
     capability is necessary and needs to be maintained. The 
     conferees are pleased that the Bureau achieved the 10 percent 
     target for fiscal year 2003, and look forward to working with 
     the Commissioner to further the Administration's initiative 
     in this area with regard to the Bureau of Reclamation.
       Underfinancing.--The conferees are very concerned about the 
     way the Bureau of Reclamation applied underfinancing in the 
     Water and Related Resources account for fiscal year 2003. The 
     conferees recognize that the total amount of underfinancing 
     and the lateness of the fiscal year 2003 appropriation placed 
     the Bureau of Reclamation in a difficult situation. However, 
     the conferees believe that in fiscal year 2003, the Bureau of 
     Reclamation used underfinancing to inappropriately reduce 
     funding for Congressional priorities to the benefit of its 
     own priorities. The use of underfinancing is a recognition 
     that during the course of the year, it is inevitable that 
     some projects and activities will fall behind schedule for a 
     wide variety of reasons. The conferees agree that 
     underfinancing should be applied against those activities or 
     projects. However, underfinancing should not be used to pick 
     winners and losers. The conferees remind the Bureau of 
     Reclamation that current law provides that, ``Appropriations 
     shall be applied only to the objects for which the 
     appropriations were made except as otherwise provided by 
     law.'' (31 U.S.C. 1301). The best expression of the purposes 
     for which funds are appropriated are the House and Senate 
     reports which accompany appropriations acts. Underfinancing 
     should not be used to subvert the will of the Congress as 
     expressed in those documents. Accordingly, the conferees 
     direct that the Bureau of Reclamation apply the amount of 
     underfinancing provided in this Act proportionately to all 
     projects and activities funded in the Water and Related 
     Resources account. As the year progresses, the Bureau of 
     Reclamation has available to it the normal reprogramming 
     procedures to adjust the funding levels for individual 
     projects or activities to reflect actual project performance.


                          Working Capital Fund

       The conference agreement rescinds $4,525,000 of unobligated 
     balances in the Working Capital Fund as proposed by the House 
     and the Senate.

                           General Provisions

                       Department of the Interior

       Section 201. The conference agreement includes language 
     proposed by the House and the Senate regarding the San Luis 
     Unit and the Kesterson Reservoir in California.
       Section 202. The conference agreement includes language 
     proposed by the House and the Senate which prohibits the use 
     of funds for any water acquisition or lease in the Middle Rio 
     Grande or Carlsbad Projects in New Mexico unless the 
     acquisition is in compliance with existing State law and 
     administered under State priority allocation.
       Section 203. The conference agreement includes language 
     proposed by the House which amends Section 206 of Public Law 
     101-514 regarding water supply contracts for Sacramento 
     County Water Agency and the San Juan Suburban Water District 
     in California.
       Section 204. The conference agreement includes language 
     proposed by the House which authorizes and directs the 
     Secretary of the Interior to amend the Central Valley Project 
     water supply contracts for the Sacramento County Water Agency 
     and the San Juan Suburban Water District by deleting a 
     provision requiring a determination of annual water needs.
       Section 205. The conference agreement includes language 
     proposed by the House, modified to make technical 
     corrections, regarding funds available in the Lower Colorado 
     River Basin Development Fund. The Senate bill included a 
     similar provision.
       Section 206. The conference agreement includes language 
     proposed by the House which provides that funds provided to 
     the Bureau of Reclamation may be used for the payment of 
     claims not exceeding $5,000,000.
       Section 207. The conference agreement includes language 
     proposed by the Senate concerning drought emergency 
     assistance.
       Section 208. The conference agreement includes language 
     proposed by the Senate regarding Endangered Species Act 
     requirements on the Rio Grande River in New Mexico. The 
     language has been amended to state that the restrictions on 
     changes to water deliveries also apply to water stored in 
     Heron Reservoir, to clarify that it only applies to Federal 
     and non-Federal actions addressed in the March 17, 2003, 
     Biological Opinion, and to provide that subsection (b) shall 
     remain in effect for 2 years from the date of enactment of 
     this Act.
       The conferees recognize that the six Middle Rio Grande 
     Pueblos (Sandia, Isleta, San Felipe, Cochiti, Santa Ana, and 
     Santo Domingo) were not parties to the Silvery Minnow v. 
     Keys, 333 F.3d 1109 (10th Cir. 2003) litigation. The 
     conferees also recognize that the ruling of the three judge 
     panel may potentially impact them. The conferees therefore 
     direct the Secretary of the Interior to report to Congress, 
     within 180 days of the enactment of this Act, on the impact 
     of the ruling on the Pueblos' water rights and water 
     deliveries with regard to the enforcement of the

[[Page H11081]]

     silvery minnow biological opinion by the Bureau of 
     Reclamation.
       Section 209. The conference agreement includes language 
     proposed by the Senate which reforms the Endangered Species 
     Collaborative Program. The language has been amended to 
     change the representation in the Collaborative Program 
     executive committee and change the effective date of the 
     section.
       Section 210. The conference agreement includes language 
     proposed by the Senate regarding the Tularosa Basin National 
     Research Facility in New Mexico.
       Section 211. The conference agreement includes language 
     proposed by the Senate regarding feasibility studies 
     undertaken in connection with CALFED-related activities.
       Section 212. The conference agreement includes language 
     proposed by the Senate regarding the Western Water 
     Initiative.
       Section 213. The conference agreement includes language 
     proposed by the Senate amending the Hawaii Water Resources 
     Act of 2000.
       Section 214. The conference agreement includes language 
     proposed by the Senate regarding contributions of the Western 
     Area Power Administration to the Utah Reclamation Mitigation 
     and Conservation Account.
       Section 215. The conference agreement includes language 
     proposed by the Senate regarding a feasibility study in the 
     Tualatin River Basin in Oregon.
       Section 216. The conference agreement includes language 
     proposed by the Senate regarding Indian water rights 
     settlements in the State of Arizona.
       Section 217. The conference agreement includes language 
     proposed by the Senate regarding the restoration of fish and 
     wildlife habitat in the vicinity of Fallon, Nevada. The 
     language has been amended to make technical corrections.
       Section 218. The conference agreement includes language 
     which extends the terms of Sacramento River Settlement 
     Contracts.
       Section 219. The conference agreement includes language 
     which amends the authorization to construct temperature 
     control devices at Folsom Dam in California.
       Section 220. The conference agreement includes language 
     authorizing the Secretary of the Interior to undertake 
     activities at Savage Rapids Dam in Oregon.
       Section 221. The conference agreement includes language 
     extending certain irrigation project contracts in Wyoming and 
     Nebraska.
       Provisions not included in the conference agreement.--The 
     conference agreement does not include language proposed by 
     the Senate regarding the Bureau of Reclamation program to 
     provide grants to institutions of higher learning to support 
     the training of Native Americans to manage their water 
     resources. The fiscal year 2003 Energy and Water Development 
     Appropriations Act made this provision permanent.
       The conference agreement does not include language proposed 
     by the Senate providing funds for the Middle Rio Grande 
     project in New Mexico and the Lake Tahoe Regional Wetlands 
     Development project in California and Nevada. Funding for 
     those projects is included within the amount appropriated for 
     Water and Related Resources.

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[[Page H11093]]

                               TITLE III

                          DEPARTMENT OF ENERGY

       The summary tables at the end of this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs, and activities of the Department of 
     Energy. Additional items of conference agreement are 
     discussed below.


                    SAFEGUARDS AND SECURITY FUNDING

       The conferees agree with House concerns about the problems 
     with direct funding of safeguards and security and the 
     desirability of returning to indirect funding of these costs, 
     with appropriate controls and reporting. However, the 
     conferees also recognize the difficulty in making such a 
     shift in one fiscal year, and that safeguards and security 
     requirements may change significantly with implementation of 
     the revised Design Basis Threat. Therefore, the conferees 
     instruct the Department to continue budgeting safeguards and 
     security funding as a separate line item in fiscal year 2005, 
     and to transition back to indirect funding of these costs 
     beginning in fiscal year 2006. The conferees are receptive to 
     a phased implementation during this transition period, 
     beginning with single-purpose projects and sites in fiscal 
     year 2006 and addressing the more complex multi-program sites 
     in subsequent fiscal years.

                     HOMELAND SECURITY-RELATED WORK

       The conferees concur with the House-proposed requirement 
     for an annual report on all homeland security work being 
     performed by Department of Energy (DOE) contractors, 
     including direct funded DOE work, work for other agencies, 
     laboratory directed research and development, and work funded 
     via any other funding mechanism.


                           PROJECT MANAGEMENT

       The conferees support language included in the House report 
     regarding the efforts to improve the Department's 
     construction and project management.


                     FACILITIES AND INFRASTRUCTURE

       The conferees agree with House language regarding the need 
     to strengthen and standardize management of the Department's 
     facilities and infrastructure (F&I) activities throughout all 
     programs of the Department. The conferees urge the Department 
     to compete contracts for the decontamination, 
     decommissioning, and demolition of excess facilities to the 
     maximum extent practicable, and to identify the costs for 
     removing these excess facilities in construction project data 
     sheets.


                        SAFETY AT DOE FACILITIES

       The conferees concur with the House language requiring an 
     annual report on the backlog of safety deficiencies at 
     National Nuclear Security Administration and defense cleanup 
     sites and the estimated cost and schedule for corrective 
     actions.


              LABORATORY DIRECTED RESEARCH AND DEVELOPMENT

       The conferees agree with the House concerns regarding the 
     Laboratory Directed Research and Development (LDRD) program 
     and with the guidance to streamline the annual LDRD report to 
     Congress.


                        AUGMENTING FEDERAL STAFF

       The conferees agree that the number of management and 
     operating contractor employees assigned to the Washington 
     metropolitan area shall not exceed 220 in fiscal year 2004, 
     the same as the fiscal year 2003 ceiling. The reporting 
     requirements remain as proposed by the House.


          STRATEGIC INITIATIVE AND BUSINESS DEVELOPMENT FUNDS

       The conferees agree with the guidance provided in the House 
     report.


                        REPROGRAMMING GUIDELINES

       The conferees require the Department to promptly and fully 
     inform the House and Senate Committees on Appropriations when 
     a change in program execution or funding is required during 
     the fiscal year. A reprogramming includes the reallocation of 
     funds from one activity to another within an appropriation, 
     or any significant departure from a program, project, or 
     activity described in the agency's budget justification as 
     presented to and approved by Congress. For construction 
     projects, a reprogramming constitutes the reallocation of 
     funds from one construction project identified in the 
     justifications to another project or a significant change in 
     the scope of an approved project.
       A reprogramming should be made only when an unforeseen 
     situation arises, and then only if delay of the project or 
     the activity until the next appropriations year would result 
     in a detrimental impact to an agency program or priority. The 
     Department should not submit reprogrammings in the fourth 
     quarter of the fiscal year unless necessitated by an 
     unforeseeable change in external circumstances. 
     Reprogrammings may also be considered if the Department can 
     show that significant cost savings can accrue by increasing 
     funding for an activity. Mere convenience or desire should 
     not be factors for consideration.
       Reprogrammings should not be employed to initiate new 
     programs or to change program, project, or activity 
     allocations specifically denied, limited, or increased by 
     Congress in the Act or report. In cases where unforeseen 
     events or conditions are deemed to require such changes, 
     proposals shall be submitted in advance to the Committees and 
     be fully explained and justified.
       The conferees have not provided statutory language to 
     define the reprogramming guidelines, but do expect the 
     Department to follow the spirit and the letter of the 
     guidance provided in this report. The conferees have not 
     provided the Department with any internal reprogramming 
     flexibility in fiscal year 2004, unless specifically 
     identified in the House, Senate, or conference reports. Any 
     reallocation of new or prior year budget authority or prior 
     year deobligations must be submitted to the Committees in 
     writing and may not be implemented prior to approval by the 
     Committees on Appropriations.


    REDUCTIONS NECESSARY TO ACCOMMODATE SPECIFIC PROGRAM DIRECTIONS

       The Department is directed to provide a report to the House 
     and Senate Committees on Appropriations by March 30, 2004, on 
     the actual application of any general reductions of funding 
     or applications of prior year balances contained in this 
     conference agreement. Such reductions are to be applied 
     proportionately against each program, project, or activity. 
     If necessary, the Department must submit a reprogramming to 
     reallocate funds if the proportional reduction unduly impacts 
     a specific program, project, or activity.

                             Energy Supply

       The conference agreement provides $737,537,000 for Energy 
     Supply instead of $691,534,000 as proposed by the House and 
     $920,357,000 as proposed by the Senate.


                       Renewable Energy Resources

       The conference agreement provides $344,400,000 instead of 
     $330,144,000 as proposed by the House and $358,476,000 as 
     proposed by the Senate for renewable energy resources. The 
     conference agreement does not include language specifying 
     funding allocations as contained in the House and Senate 
     reports. As in fiscal year 2003, funds for Renewable Energy 
     Resources shall remain available until expended.
       Biomass/biofuels.--The conference agreement includes 
     $75,000,000 for biomass/biofuels. As in prior fiscal years, 
     the conferees have combined the subprograms for power systems 
     and transportation into a single program for biomass/biofuels 
     and no longer provide separate allocations for power systems 
     and transportation. The conference agreement includes 
     $20,000,000, the amount of the request, for the Bioconversion 
     Production Integration Program.
       The conference agreement includes $3,000,000 for the 
     Consortium for Plant Biotechnology Research (CPBR), of which 
     $750,000 is for CPBR research in Ohio and $1,000,000 is for 
     CPBR research at the University of Kentucky; $1,000,000 for 
     the E-Diesel research project by the National Corn Growers 
     Association; $1,000,000 for the Iowa State University Center 
     for Catalysis; $1,000,000 for work on biobased products by 
     the New Uses Information and Entrepreneur Development Center 
     in Belvidere, Illinois; $300,000 for the University of 
     Louisville Ethanol Production from Biomass large-scale 
     facility design project; $2,000,000 for the development of 
     sustainable biobased products and bioenergy at Purdue 
     University in cooperation with the Midwest Consortium for 
     Sustainable Biobased Products and Bioenergy; $3,000,000 for 
     continued work on the Gridley Rice Straw Project; $1,000,000 
     for the McMinnville Biodiesel Project; $960,000 for the Mount 
     Mass CC Bio Wood Gasification Project; and $200,000 for the 
     North Central Texas Dairy Waste Control Pilot Project.
       The conference agreement includes $1,000,000 for the 
     Mississippi State Biodiesel Production Project; $1,000,000 
     for Maine Forest Bioproducts research and development; 
     $1,000,000 for the University of Tennesssee Switchgrass 
     Demonstration Project; $250,000 for clean energy from the 
     gasification of switchgrass at Iowa State University; 
     $300,000 for the Missouri Soybean Association biodiesel 
     demonstration; and $500,000 for research in Nebraska on 
     improved soybean oil for biodiesel fuel.
       The conference agreement includes $2,000,000 for the 
     Regional Biomass Energy Program; $750,000 for the On-Farm 
     Small Scale Waste Energy Demonstration Project; $1,000,000 
     for the Oxydiesel demonstration program in California and 
     Nevada; $500,000 for a biorefinery at the Louisiana State 
     University Agricultural Center; $500,000 for the Center for 
     Biomass Utilization at the University of North Dakota; 
     $400,000 for the Vermont Biomass Energy Center; $250,000 for 
     the biomass/cogeneration project at North Country Hospital; 
     $500,000 for the gasification of switchgrass at the 
     University of Iowa; $1,000,000 for the Ag-Based Industrial 
     Lubricants Center at the University of Northern Iowa; and 
     $2,000,000 for the Michigan Biotechnology Initiative. In 
     addition, the conferees direct the Department to continue the 
     Iowa switchgrass project at agreed-upon levels.
       Geothermal.--The conference agreement includes $26,000,000 
     for geothermal activities. The conferees direct the 
     Department to continue funding university research and 
     Geopowering the West at the fiscal year 2003 funding level. 
     The conference agreement includes $1,000,000 for the Full 
     Circle Project in Lake County, California, and $1,000,000 for 
     geothermal research at the University of Nevada-Reno.
       Hydrogen.--The conference agreement includes $78,000,000 
     for hydrogen activities. The conferees remind the Department 
     that the requirements for competition and industry cost 
     sharing, as specified in the Hydrogen Future Act of 1996 
     (P.L. 104-271, 42 U.S.C. 12403), apply to this research, and 
     urge the Department to compete the hydrogen research program 
     to the fullest extent possible.

[[Page H11094]]

       From within available funds, the Department is directed to 
     spend not less than $2,500,000 for a competitive solicitation 
     for solid oxide fuel cell research. The conference agreement 
     also includes $1,000,000 for the Lansing Community College 
     Alternative Energy Center; $3,000,000 for the Edison 
     Materials Technology Center to develop improved materials to 
     support the hydrogen economy; $3,000,000 for the National 
     Center for Manufacturing Sciences to develop advanced 
     manufacturing technologies for renewable energy applications; 
     $2,000,000 for the HI-Way Initiative in New York State; 
     $1,000,000 for the Shared Technology Transfer Program by 
     Nicholls State University; $2,000,000 for the Florida 
     Hydrogen Partnership; $2,000,000 for fuel cell research by 
     the University of South Florida; $2,000,000 for fuel cell 
     development for distributed generation and carbon 
     sequestration in Northwest Indiana; $3,000,000 for the 
     Hydrogen Regional Infrastructure Program in Pennsylvania; 
     $955,000 for the Evermont hydrogen electrolyzer project; 
     $300,000 for the residential fuel cell demonstration by the 
     Delaware County Electric Cooperative; and $2,200,000 for the 
     Expanding Clean Energy Research and Education Program at the 
     University of South Carolina.
       The conference agreement includes $750,000 for the Hydrogen 
     Futures Park at the University of Montana; $2,000,000 for the 
     Fuel Cell Mine Loader and Prototype Locomotive; $3,000,000 
     for the evaluation of solar-powered thermo-chemical 
     production of hydrogen from water at the University of 
     Nevada-Las Vegas; $3,000,000 for the University of Nevada-Las 
     Vegas renewable hydrogen fueling station system; $500,000 for 
     the Startech Hydrogen Production Project; $2,000,000 for the 
     hydrogen fuel cell project for the Regional Transportation 
     Commission of Washoe County, Nevada; $500,000 for the Hawaii 
     Hydrogen Center for Development and Deployment of Distributed 
     Energy Systems; and $500,000 for the Smart Energy Management 
     Control System.
       Hydropower.--The conference agreement provides $5,000,000 
     for hydropower, including $400,000 to assess low head and low 
     power hydropower resources.
       Solar Energy.--The conference agreement includes 
     $85,000,000 for solar energy programs. As in prior fiscal 
     years, the conferees have combined the concentrating solar 
     power, photovoltaic energy systems, and solar building 
     technology subprograms into a single program for solar 
     energy, with the control level at the solar energy program 
     account level.
       The conferees include $5,500,000 from within available 
     funds for concentrating solar power (CSP). Of these funds, 
     $1,000,000 is provided for industry based 20-25 kW Dish-
     Stirling and the Department is directed to continue with 
     deployment of the 1.0 MW dish engine project. If the 
     Department needs more than $5,500,000 in fiscal year 2004 to 
     regain lost momentum in the CSP program, the conferees urge 
     the Department to seek a reprogramming.
       The conference agreement includes $250,000 for the solar 
     energy project in Yucca Valley, California; $400,000 for the 
     Center for Ecological Technology; and $500,000 for the 
     Hackensack University Green Building Medical Center. The 
     Department should continue funding for the Southeast and 
     Southwest photovoltaic experiment stations and the Million 
     Solar Roofs program at current year levels.
       Zero Energy Buildings.--The conference agreement does not 
     provide any separate funds for Zero Energy Buildings in 
     fiscal year 2004, although the Department is directed to 
     spend up to $4,000,000 of available funds within Solar Energy 
     for Zero Energy Building activities related to solar energy. 
     If the Department seeks funds for Zero Energy Buildings in 
     fiscal year 2005, it should request those funds as part of 
     its Interior and Related Agencies appropriation request.
       Wind.--The conference agreement includes $41,600,000 for 
     wind programs. The conference agreement includes $147,000 for 
     a wind farm feasibility study by Saint Francis University; 
     $300,000 for the Saginaw Chippewa Wind Energy Development 
     Project; $500,000 for the Vermont Wind Energy Program; and 
     $1,000,000 to continue the ongoing wind turbine effort in 
     Bellevue, Washington. The Wind Powering America initiative is 
     to be continued at last year's funding level. The conferees 
     continue to recognize the need for a set-aside for small wind 
     programs. The conferees are aware that the potential for 
     expanding wind generated energy to new locations is 
     significant, but further development in the Dakotas and the 
     Upper Midwest is stymied by transmission constraints. The 
     conferees are committed to developing the potential of wind 
     energy in the United States and especially on tribal lands. 
     The conferees direct the Department to work with the 
     transmission industry to conduct a comprehensive analysis of 
     upper Midwest wind energy locations and transmission 
     requirements and to report to the Committees on 
     Appropriations by May 31, 2004.
       Electricity Reliability.--The funds originally requested 
     for Electricity Reliability are provided under the new 
     Electricity Transmission and Distribution account within the 
     Energy Supply appropriation, as requested by the Department.
       Intergovernmental Activities.--The conference agreement 
     includes $15,000,000 for renewable support and 
     implementation. This amount includes $6,000,000 for the 
     international renewable energy program, including $2,000,000 
     for the International Utility Efficiency Partnership (IUEP); 
     $5,000,000 for tribal energy activities, including $1,000,000 
     for the Council of Renewable Energy Tribes (CERT), $1,300,000 
     for the Intertribal Council on Utility Policy, and $1,000,000 
     for the Pyramid Lake Paiute Tribe Renewable Energy Park; and 
     $4,000,000 for the Renewable Energy Production Incentive 
     (REPI). From within available funds, the conference agreement 
     provides $750,000 for the Renewable Energy Policy Project.
       The conferees adopt the Senate proposal for the Clean 
     Energy Technology Exports (CETE) initiative, requiring the 
     interagency group, through the Department of Energy and other 
     Federal agency partners, to provide the Appropriations 
     Committees with a report, no later than January 15, 2004, on 
     the status of the implementation of the strategic plan and 
     specific actions that each of the participating agencies have 
     taken in fiscal year 2003 and will take in fiscal year 2004 
     to engage non-governmental, private sector, and other 
     international partners. In addition, the conferees direct the 
     Department to make $400,000 available to establish an 
     interagency CETE center in the Office of International Energy 
     Market Development. All energy technology program offices and 
     other agencies participating in the CETE initiative are urged 
     to contribute to this nine-agency effort. To provide further 
     leverage for this initiative, the Department should also 
     consider establishing a Federal Advisory Committee Act board 
     and complementary demonstration and deployment efforts.
       Renewable Support and Implementation.--The conference 
     agreement provides $6,000,000, including $2,000,000 for 
     departmental energy management and $4,000,000 to continue the 
     efforts of the National Renewable Energy Laboratory (NREL) to 
     develop renewable energy resources uniquely suited to the 
     Southwestern United States through its virtual site office in 
     Nevada.
       National Climate Change Technology Initiative.--The 
     conferees provide no funds for this initiative, consistent 
     with the rationale provided in the House and Senate reports.
       Facilities and Infrastructure.--The conference agreement 
     provides the requested amount of $4,200,000 for the National 
     Renewable Energy Laboratory (NREL) and includes an additional 
     $4,000,000 to initiate construction of the new Science and 
     Technology facility at NREL (project 02-EERE-001). Funding 
     for the new Energy Reliability and Efficiency Laboratory at 
     Oak Ridge National Laboratory (project 04-E-TBD) is provided 
     in the new Electricity Transmission and Distribution account. 
     The conference agreement includes $5,000,000 for the National 
     Center on Energy Management and Building Technologies.
       Program direction.--The conference agreement includes 
     $12,600,000 for program direction.
       Use of prior year balances.--The conference agreement 
     includes the use of $13,000,000 of prior year funds carried 
     over from fiscal year 2003 to offset fiscal year 2004 
     requirements.


               Electricity Transmission and Distribution

       The conference agreement provides $82,377,000 for the new 
     Office of Electricity Transmission and Distribution, 
     $5,000,000 over the requested amount. The conferees provide 
     the additional $5,000,000 for the Department of Energy to 
     complete its investigation into the causes of the August 
     14th, 2003 blackout. These funds shall be used to conduct an 
     extensive investigation, to include modeling and analysis, of 
     the various electrical and System Control and Data Analysis 
     (SCADA) systems, the reliability rules, systems operations 
     and other factors, such as cyber situations and disturbances, 
     that might have caused or contributed to the outage.
       Within available funds, the conferees urge the Department 
     to continue its high temperature superconductivity research 
     and development program at the requested level of 
     $47,838,000. The conference agreement also includes the 
     requested $750,000 for the new Energy Reliability and 
     Efficiency Laboratory at Oak Ridge National Laboratory 
     (project 04-E-TBD), and removes the industry cost sharing 
     requirement for this facility as proposed in the budget 
     request. The industry cost sharing requirement applies to 
     research activities, not to construction of this new 
     facility. The Department should include full funding for the 
     construction and operation of the facility in future budget 
     requests.
       The conference agreement includes $4,000,000 to continue 
     research on aluminum matrix composite conductors; $3,000,000 
     for research into lead carbon acid asymmetric 
     supercapacitors; $300,000 for research on advanced ceramic 
     engines and materials for energy applications; $1,000,000 for 
     a joint research program between Wright State University and 
     the University of Albany, in collaboration with Wright 
     Patterson Air Force Base, to enhance the performance of 
     second-generation, high temperature coated superconductors; 
     $2,000,000 for the PowerGrid simulator at Drexel University 
     and the New Jersey Institute of Technology; $500,000 for the 
     Center for Distributed Generation and Thermal Distribution at 
     Washington State University; $1,000,000 for electricity 
     transmission research at the University of Missouri-Rolla; 
     $300,000 for research at the Georgia Institute of Technology 
     on the use of recycled carpet as fuel for kilns; $1,000,000 
     for distributed generation projects in Northwest Indiana; 
     $2,000,000 for the Connecticut Power Technologies project; 
     $3,000,000 for the Electric Infrastructure Technology, 
     Training, and Assessment Program in Pennsylvania; and 
     $1,000,000 for the Indian Point Energy Center Study in New 
     York.

[[Page H11095]]

       The conference agreement includes $3,000,000 for the Navajo 
     electrification demonstration program; $1,000,000 to continue 
     development of the bipolar nickel metal hydride battery 
     storage system; $250,000 for the Microgrid distributed 
     generation prototype in Vermont; $500,000 for the Natural 
     Energy Laboratory in Hawaii to continue development and 
     deployment of distributed energy systems; $2,000,000 for 
     research, development, and demonstration of advanced thermal 
     energy storage technology integrated with renewable thermal 
     energy technology; and $400,000 for the Dine Power Authority.


                             Nuclear Energy

       The conference agreement provides $300,763,000 for nuclear 
     energy activities instead of $268,016,000 as proposed by the 
     House and $437,422,000 as proposed by the Senate. The 
     conference agreement does not include language specifying 
     funding allocations as contained in the House and Senate 
     reports. With the designation of the Office of Nuclear 
     Energy, Science and Technology as the lead office with 
     landlord responsibilities for the Idaho site, $112,306,000 of 
     costs are allocated to the 050 budget function and are funded 
     in the Other Defense Activities account. The Department 
     should follow this structure in its fiscal year 2005 budget 
     submission.
       Radiological Facilities Management.--The Office of Nuclear 
     Energy, Science and Technology operates a variety of 
     facilities and equipment to support the needs of space, 
     defense, and medical customers who obtain radiological 
     materials from the Department of Energy on a reimbursable 
     basis.
       Space and defense power systems infrastructure.--The 
     conference agreement includes $36,230,000 to maintain the 
     infrastructure necessary to support future national security 
     needs and National Aeronautics and Space Administration 
     missions.
       Medical isotopes infrastructure.--The conference agreement 
     includes $28,425,000 for the medical isotope program. From 
     within available funds, the Department is directed to provide 
     $4,000,000 for upgrades of radiological facilities at Oak 
     Ridge National Laboratory.
       University reactor fuel assistance and support.--The 
     conference agreement includes $23,500,000, an increase of 
     $5,000,000 over the budget request. The conferees provide an 
     additional $2,500,000 to fund more regional university 
     reactor consortia, and the conferees strongly encourage the 
     Department to request sufficient funding in future years to 
     fund all meritorious proposals. The conferees also provide an 
     additional $2,500,000 to pay for the university costs of 
     transporting spent nuclear fuel from university reactors. The 
     conferees encourage the Department to support the new 
     graduate program in nuclear engineering at the University of 
     South Carolina and the new program being considered at the 
     University of Nevada-Las Vegas.
       Research and development.--The conference agreement 
     provides $132,500,000 for nuclear energy research and 
     development activities, an increase of $5,475,000 over the 
     budget request. The conference agreement includes $3,000,000 
     for nuclear energy plant optimization (NEPO), $11,000,000 for 
     the nuclear energy research initiative (NERI), $44,000,000 
     for nuclear energy technologies, $6,500,000 for the nuclear 
     hydrogen initiative, and $68,000,000 for the Advanced Fuel 
     Cycle Initiative (AFCI).
       Within the funds provided for NEPO, the conferees include 
     $1,000,000 to expand the transfer of the Mechanical Stress 
     Improvement Process (MSIP) technology to other countries in 
     the former Soviet Union.
       Of the $44,000,000 made available for nuclear energy 
     technologies, $20,000,000 is for Nuclear Power 2010 and 
     $24,000,000 is for the Generation IV initiative. The 
     Department is directed to use $15,000,000 provided under the 
     Generation IV initiative to begin the research, development, 
     and design work for an advanced reactor hydrogen co-
     generation project at Idaho National Laboratory.
       The $6,500,000 made available for the nuclear hydrogen 
     initiative includes $2,000,000 to support research and 
     development on high temperature electrolysis and sulfur-
     iodine thermochemical technologies necessary to support the 
     advanced reactor hydrogen co-generation project at Idaho 
     National Laboratory, and $2,000,000 for the University of 
     Nevada-Las Vegas Research Foundation to continue the 
     development, in partnership with industry and national 
     laboratories, of an efficient high temperature heat 
     exchanger.
       Within the funds available for AFCI, the conference 
     agreement includes $2,000,000 for the Idaho Accelerator 
     Center; $3,500,000 for the University of Nevada-Las Vegas; 
     and $3,000,000 for directed research aimed at enhancing 
     university-based collaborations on AFCI. The conferees also 
     direct the Secretary to conduct the study, described in more 
     detail in the Senate report, to identify the necessary 
     capacities and time scales for implementation of advanced 
     recycle technologies, and to report to Congress by March 2005 
     with quantitative goals for the AFCI work. The conferees 
     expect the Department to partner with universities and 
     industry, as well as use existing expertise at national 
     laboratories, in this effort.
       Idaho Facilities Management.--The conference agreement 
     provides $42,615,000 for ANL-West operations, including an 
     additional $5,000,000 for the addition of a high temperature 
     gas loop in the Advanced Test Reactor and $6,000,000 for 
     deferred landlord activities and critical infrastructure 
     needs. The conference agreement provides $31,605,000 for 
     infrastructure at the Idaho National Engineering and 
     Environmental Laboratory (INEEL), of which $21,415,000 is 
     allocated to the 050 budget function. The conference 
     agreement provides the requested amounts of $500,000 for 
     project 95-E-201 and $1,840,000 for project 99-E-200, both at 
     the Test Reactor Area.
       Idaho Sitewide Safeguards and Security.--The conference 
     agreement provides $56,654,000 for Idaho sitewide safeguards 
     and security. Consistent with the request, all of these costs 
     are assigned to the 050 budget function.
       Program direction.--The conference agreement includes 
     $59,200,000 for program direction. Of this amount, 
     $34,815,000 is assigned to the 050 budget function.
       Funding adjustments.--The conferees direct the Department 
     to use $20,000,000 of prior year funds to meet a portion of 
     the Department's liability stemming from the termination of 
     the contract with the Ohio Valley Electric Corporation for 
     power to supply the Portsmouth Gaseous Diffusion Plant. The 
     conference agreement also includes an offset of $112,306,000 
     from Other Defense Activities, which represents the 
     contribution for the defense share of costs at the Idaho 
     site.


                     Environment, Safety and Health

       The conference agreement provides $23,000,000 for non-
     defense environment, safety and health activities, which 
     include $16,000,000 for program direction. The conference 
     agreement includes the transfer of $2,000,000 to the 
     Occupational Safety and Health Administration (OSHA) for the 
     costs of OSHA regulation of worker health and safety at DOE's 
     non-nuclear facilities not covered under the Atomic Energy 
     Act, and to complete the ongoing safety audits of DOE's ten 
     Science laboratories. The conferees concur with the revised 
     date of May 31, 2004, as proposed by the House for the 
     submission of these audits and associated cost estimates.


                      Energy Supply Infrastructure

       The conference agreement does not include this new program 
     as proposed by the Senate.


                          Funding Adjustments

       The conference agreement includes a general reduction of 
     $10,000,000, and an offset of $3,003,000 for the safeguards 
     and security charge for reimbursable work, as proposed in the 
     budget request.

                Non-Defense Site Acceleration Completion

       The conference agreement provides $163,375,000 for Non-
     Defense Site Acceleration Completion instead of $170,875,000 
     as proposed by the House and $171,875,000 as proposed by the 
     Senate. None of these funds are available for economic 
     development activities.
       2006 Accelerated Completions.--The conference agreement 
     provides $48,677,000, the same as the budget request, 
     including the requested amounts of $37,520,000 for soil and 
     water remediation and graphite research reactor 
     decommissioning at Brookhaven National Laboratory, $3,272,000 
     for soil and water remediation at Lawrence Berkeley National 
     Laboratory, and $2,416,000 for soil and water remediation at 
     the Stanford Linear Accelerator Center.
       2012 Accelerated Completions.--The conference agreement 
     provides $119,750,000, the same as the budget request, 
     including the requested amounts of $99,558,000 for the West 
     Valley Demonstration Project, $1,320,000 for the High Flux 
     Beam Reactor at Brookhaven National Laboratory, and 
     $18,467,000 for decontamination and decommissioning of the 
     Energy Technology Engineering Center.
       2035 Accelerated Completions.--The conference agreement 
     provides $4,948,000, including an additional $2,500,000 to 
     provide a total of $4,500,000 to accelerate remediation of 
     the Atlas uranium mill tailings site in Moab, Utah.
       Funding adjustment.--The conference agreement includes an 
     adjustment of $10,000,000 for the use of prior year balances.

                   Non-Defense Environmental Services

       The conference agreement provides $339,468,000 for non-
     defense environmental services, an increase of $47,347,000 
     over the budget request. None of these funds are available 
     for economic development activities. Additional funds are 
     provided for the depleted uranium hexaflouride conversion 
     project at Paducah and for cleanup activities at Portsmouth, 
     and for the non-defense costs of the new Office of Legacy 
     Management.
       Community and regulatory support.--The conference agreement 
     provides $1,034,000, the same as the budget request.
       Environmental cleanup projects.--The conference agreement 
     provides $43,842,000, the same as the budget request.
       Office of Legacy Management (non-defense).--The conference 
     agreement includes $28,347,000 for the non-defense share of 
     the costs of the new Office of Legacy Management, which is 
     funded primarily under the Other Defense Activities account.
       Non-closure environmental activities.--The conference 
     agreement provides $276,245,000, an increase of $29,000,000 
     over the request. The conference agreement includes an 
     additional $12,000,000 for construction of the depleted 
     uranium hexaflouride conversion project at Paducah, Kentucky. 
     The conference agreement also provides an additional 
     $17,000,000 to continue the Department's activities at 
     Portsmouth, including enhanced cold standby, deposit removal, 
     cleanup of technetium-99 contamination, and accelerated 
     cleanup of the Gaseous Centrifuge Enrichment Plant (GCEP). 
     The Department is encouraged to work with the contractors and 
     the unions to redeploy the

[[Page H11096]]

     existing cold standby workforce to this variety of tasks in 
     fiscal year 2004. The conferees encourage the Department to 
     continue the existing barter arrangement for part of fiscal 
     year 2004 to resolve the problem of uranium contaminated with 
     technetium-99, and direct the Department to budget funds for 
     this activity in fiscal year 2005. The conference agreement 
     also includes a reduction of $323,000 for Oak Ridge cleanup 
     activities as requested by the Department.
       Funding adjustment.--The conference agreement includes the 
     use of $10,000,000 of prior year balances to offset fiscal 
     year 2004 spending.

      Uranium Enrichment Decontamination and Decommissioning Fund

       The conference agreement provides $416,484,000 for 
     activities funded from the Uranium Enrichment Decontamination 
     and Decommissioning Fund, instead of $392,002,000 as proposed 
     by the House and $396,124,000 as proposed by the Senate. None 
     of these funds are available for economic development 
     activities.
       This agreement includes $365,484,000 for decontamination 
     and decommissioning activities. This amount includes an 
     increase of $2,000,000 over the request to continue support 
     of the Kentucky Consortium for Energy and Environment. Given 
     that the Department and the State of Kentucky have reached 
     agreement on accelerated cleanup for the Paducah site, the 
     conference agreement restores the $26,122,000 reduction 
     proposed by the House. The conference agreement also includes 
     a reduction of $3,640,000 for Oak Ridge cleanup activities as 
     requested by the Department.
       The conferees provide $51,000,000 for uranium and thorium 
     reimbursements, the same as the requested amount.

                                Science

       The conference agreement provides $3,451,700,000 instead of 
     $3,480,180,000 as proposed by the House and $3,360,435,000 as 
     proposed by the Senate. The conference agreement does not 
     include language specifying funding allocations as contained 
     in the House and Senate reports. The conferees encourage the 
     Department to request sufficient funds for the Office of 
     Science in fiscal year 2005 to increase operating time, 
     enhance user support, and upgrade essential equipment at the 
     Department's Science user facilities.
       The conferees reiterate their support for broader 
     participation by universities in DOE's research programs, 
     including existing user facilities and potential new user 
     facilities. The conferees are aware of the Office of 
     Science's strategy for future facilities. Where existing 
     facilities provide capabilities critical to a new user 
     facility, co-location is appropriate; where this is not the 
     case, the location of new user facilities should be openly 
     competed. Regardless of location, broad participation in 
     design by staff from national laboratories, user faculty from 
     universities, and industrial investigators and groups should 
     be sought. All these user groups must have access to these 
     capabilities on a competitive basis.
       High energy physics.--The conference agreement provides 
     $725,478,000 for high energy physics research, the same as 
     the budget request. The conference agreement also includes 
     the requested amount, $12,500,000, for construction of the 
     Neutrinos at the Main Injector project at Fermilab. The 
     conferees recognize the efforts by Fermilab, the Office of 
     Science, and the other Science laboratories on the challenges 
     posed by the Tevatron luminosity upgrade. The conferees 
     encourage the Department to accelerate progress on the 
     Supernova/Accelerator Probe (SNAP).
       Nuclear physics.--The conference agreement provides 
     $391,930,000 for nuclear physics, $2,500,000 over the budget 
     request. The additional funds are provided for research and 
     development and preconceptual design activities in support of 
     the Rare Isotope Accelerator. The conferees encourage the 
     Department to increase operational time for the Continuous 
     Electron Beam Accelerator Facility at the Thomas Jefferson 
     National Accelerator Facility and to move forward 
     expeditiously with the 12GeV upgrade for this facility.
       Biological and environmental research.--The conference 
     agreement includes $592,000,000 for biological and 
     environmental research, an increase of $92,465,000 over the 
     budget request. The conference agreement provides an 
     additional $5,000,000 for the Genomes to Life program, an 
     additional $2,000,000 for the Environmental Molecular 
     Sciences Laboratory, and $5,000,000 to develop new molecular 
     imaging probes. The conference agreement provides the 
     requested amounts of $7,776,000 for the Savannah River 
     Ecology Laboratory and $17,496,000 for low dose radiation 
     research.
       The conference agreement provides $250,000 for surgical 
     robotics research at the Keck Cancer Center with the 
     Cleveland Clinic; $250,000 for the Genomics Laboratory at 
     SUNY-Oneonta; $750,000 for the San Antonio Cancer Therapy and 
     Research Center; $250,000 for the University of South Alabama 
     Cancer Center; $250,000 for the University of South Carolina 
     study of groundwater contamination; $750,000 for the 
     Jacksonville University Environmental Science Center; 
     $750,000 for the St. Joseph Hospital technology upgrade in 
     California; $250,000 for green power technology development 
     at Grand Valley State University; $750,000 to upgrade the 
     Drew University Hall of Science in New Jersey; $750,000 to 
     upgrade the Pahrump Medical Center; $750,000 to upgrade the 
     Grover C. Dils Medical Center; $7,500,000 for the Judson 
     College library, academic and service center; $500,000 for 
     the T3 MRI for St. Jude's Children Research Hospital in 
     Tennessee; $250,000 for Ohio State University for 
     environmental research in cooperation with Earth University; 
     $5,000,000 for the Community Improvement Corporation of 
     Springfield-Clark County for a computing and data management 
     center; $750,000 for the Mercer University Critical Personnel 
     Development Program; $750,000 for the Michigan Research 
     Institute life sciences research; $750,000 for the University 
     of Arizona Institute for Biomedical Science and 
     Biotechnology; $250,000 for the St. Francis Medical Center 
     Rapid Treatment Unit in Illinois; $300,000 for the Boulder 
     City Hospital Emergency Room Expansion; $750,000 for the 
     National Childhood Cancer Foundation; $750,000 for functional 
     genomics research by the University of Kentucky and the 
     University of Alabama; $750,000 for the Rensselaer Polytech 
     Center for Quantitative Bioscience; $750,000 for the Western 
     Carolinas Biotechnology Initiative; $750,000 for the Vanguard 
     University Science Center; $750,000 for the Syracuse 
     University Environmental Systems Center; $750,000 for the 
     University of Tennessee Climate Change Research Initiative; 
     and $300,000 for the Eckerd College Science Center.
       The conference agreement includes $500,000 for the 
     Biomedical Engineering Laboratory at the Center for 
     Biomedical Engineering in Louisiana; $150,000 for the Derby 
     Center for Science and Mathematics at Lyon College; $500,000 
     for the Experimental Medicine Program at the Dana Farber 
     Cancer Institute; $500,000 for the Clafin University Science 
     Center; $500,000 for the Life Sciences Facility, Tennessee 
     State University; $1,000,000 for the Rush-Presbyterian-St. 
     Luke's Medical Center; $1,000,000 for the Carnegie Mellon 
     University Green Chemistry Project; $500,000 for the College 
     of Mount St. Vincent Science Hall; $500,000 for the Urban 
     Education Research Center in Pennsylvania; $500,000 for 
     genomics research at Indiana University; $1,000,000 for the 
     Illinois Museum of Science and Industry; $1,000,000 for the 
     Georgia State University Science Research & Teaching Lab; 
     $1,000,000 for the Northwestern University Institute of 
     Bioengineering and Nanoscience in Medicine; $500,000 for the 
     Nuclear Resonance Mass Spectrometer at the University of 
     Massachusetts Medical School; $500,000 for St. Joseph 
     Hospital in Arizona; $500,000 for Comparative Functional 
     Genomics at New York University; $1,000,000 for Augsburg 
     College; $1,000,000 for the Bronx Community Center for 
     Sustainable Energy; $1,000,000 for the Carolinas Medical 
     Center; $1,000,000 for the Michigan Technology Center for 
     Nanostructure and Light Weight Materials; $500,000 for the 
     Tri-State University Technology Center; $2,000,000 for the 
     Notre Dame Multi-Discipline Engineering Center; and 
     $1,000,000 for the University of Southern California Center 
     for Excellence in Neurogenetics.
       The conference agreement includes $10,000,000 for the 
     Mental Illness and Neuroscience Discovery Institute; 
     $2,000,000 for the University of New Mexico medical building; 
     $2,500,000 for the University of Northern Iowa building 
     design and engineering; $500,000 for the University of 
     Dubuque Environmental Science Center; $750,000 for the 
     University of Missouri Cancer Center; $1,000,000 for the 
     Earth University Foundation in Georgia; $750,000 for material 
     research for energy security in Idaho; $750,000 for advanced 
     bioreactor technology development in Montana; $1,000,000 for 
     the CHP project at Mississippi State University; $1,000,000 
     for the University of Alabama-Huntsville Climate Action 
     Project; $500,000 for the Hackensack medical building in New 
     Jersey; $750,000 for the Middletown Regional Hospital in 
     Ohio; $1,000,000 for Clean Energy Research at the University 
     of Delaware; and $500,000 for the Center for Advanced 
     Research in Texas.
       The conference agreement includes $750,000 for the Swedish 
     American Regional Cancer Center; $250,000 for the Cancer 
     Center at Edward Hospital; $500,000 for the Morgan State 
     University Center for Environmental Toxicology; $1,000,000 
     for Digitalization of the Cardiac Cath Lab at the University 
     Medical Center of Southern Nevada; $1,000,000 for Mega 
     Voltage Cargo Imaging Development Applications for the Nevada 
     Test Site; $1,000,000 for the Nevada Cancer Institute; 
     $1,500,000 for a Structural Biology Research Center at the 
     Hauptman-Woodward Medical Research Institute; $2,000,000 for 
     the University of Buffalo Center of Excellence in 
     Bioinformatics; $1,000,000 for the Huntsman Cancer Institute; 
     $250,000 for the St. Francis Hospital Emergency Services 
     Department; $300,000 for the Christiana Comprehensive Cancer 
     Initiative; $500,000 for the University of Massachusetts at 
     Boston Multidisciplinary Research Facility and Library; 
     $400,000 for the Robert Wood Johnson University Hospital; 
     $100,000 for the Hackensack University Medical Center; 
     $1,000,000 for the Coastal Research Center at the Medical 
     University of South Carolina; $500,000 for the Mary Bird 
     Perkins Cancer Center; $750,000 for the Tahoe Center for 
     Environmental Sciences; $500,000 for Adventist Health Care; 
     $1,000,000 for the Environmental Control and Life Support 
     Project; $1,000,000 for the Southern California Water 
     Education Center; $1,000,000 for the University of Nevada-
     Reno to conduct nuclear waste repository research in the 
     areas of materials evaluation, fundamental studies on 
     degradation mechanisms, alternate materials and design, and 
     computational and analytical modeling; $1,000,000 for the 
     Research Foundation at the University of Nevada-Las Vegas to 
     conduct safety and risk analyses, simulation and

[[Page H11097]]

     modeling, systems planning, and operations and management to 
     support radioactive and hazardous materials transportation; 
     $1,000,000 for the Research Foundation at the University of 
     Nevada-Las Vegas to assess earthquake hazards and seismic 
     risk in Southern Nevada; $1,000,000 for the University of 
     Nevada-Reno to expand the earthquake engineering and 
     simulation facility; and $100,000 for the Space Grant 
     Consortium at the Desert Research Institute.
       Basic energy sciences.--The conference agreement includes 
     $1,016,575,000 for basic energy sciences, an increase of 
     $8,000,000 over the budget request. The conference agreement 
     includes $575,711,000 for materials sciences and engineering 
     research, and $220,914,000 for chemical sciences, 
     geosciences, and energy biosciences. The additional 
     $8,000,000 for materials sciences and engineering research is 
     to support additional nanoscience research at existing user 
     facilities and the new nanoscale science research centers. 
     For purposes of reprogramming in fiscal year 2004, the 
     Department may reallocate funding among all operating 
     accounts within Basic Energy Sciences.
       The conference agreement provides the requested amounts of 
     $124,600,000 for construction of the Spallation Neutron 
     Source (99-E-334); $35,000,000 for the Molecular Foundry (94-
     R-313); $29,850,000 for the Center for Integrated 
     Nanotechnologies (04-R-313); $20,000,000 for the Center for 
     Nanophase Materials Sciences (03-R-312); $7,500,000 for 
     project engineering and design (PED) for the Linac Coherent 
     Light Source (03-SC-002); and $3,000,000 for the Center for 
     Functional Nanomaterials (02-SC-002). The conference 
     agreement also provides the request of $7,673,000 for the 
     Experimental Program to Stimulate Competitive Research 
     (EPSCoR).
       Advanced scientific computing research.--The conference 
     agreement includes $203,490,000 for advanced scientific 
     computing research (ASCR), an increase of $30,000,000 over 
     the budget request. The conferees provide these additional 
     funds for the Department to acquire additional advanced 
     computing capability to support existing users in the near 
     term and to initiate longer-term research and development on 
     next generation computer architectures. The conferees expect 
     that, to the maximum extent practicable, these funds will be 
     awarded among various technologies, laboratories, 
     universities, and private sector suppliers using a merit-
     based, competitive process. The conferees support the High 
     End Computing Revitalization Task Force established by the 
     Office of Science and Technology Policy, and expect the 
     Department to participate fully in this interagency effort.
       Science laboratories infrastructure.--The conference 
     agreement provides $54,590,000 for science laboratories 
     infrastructure, including an additional $10,000,000 to 
     correct safety deficiencies at Science laboratories for the 
     purpose described in the House report, and $1,000,000 
     additional for excess facilities disposal for the 88-inch 
     cyclotron at Lawrence Berkeley National Laboratory. From 
     within available funds, the conferees expect the Department 
     to provide not less than $15,600,000 to meet infrastructure 
     needs at Oak Ridge National Laboratory.
       The conferees support the ongoing effort to determine 
     realistic costs for the transition to external regulation, 
     and adopt the House-recommended date of May 31, 2004, for 
     completion of the safety compliance audits and associated 
     costs estimates for the ten Science laboratories. The 
     conferees also support the House direction to the Department 
     to begin budgeting for the necessary corrective actions 
     beginning in fiscal year 2005.
       The conference agreement provides the requested amounts of 
     $1,520,000 for infrastructure support, $5,079,000 for Oak 
     Ridge landlord costs, $29,936,000 for construction of various 
     infrastructure projects (MEL-001), and $2,000,000 for project 
     MEL-001-36 at the Stanford Linear Accelerator Center under 
     Science Laboratories Infrastructure Project Engineering 
     Design (04-SC-001).
       Fusion energy sciences.--The conference agreement includes 
     $264,110,000 for fusion energy sciences, an increase of 
     $6,800,000 over the budget request. The budget request 
     proposed $12,000,000 for the International Thermonuclear 
     Experimental Reactor (ITER), but did so by displacing 
     $10,800,000 of ongoing domestic fusion research. The 
     conference agreement provides $8,000,000 for ITER activities 
     in fiscal year 2004, and restores $6,800,000 to domestic 
     fusion research. The conferees strongly caution the 
     Department against submitting any future budget requests for 
     ITER that are funded at the expense of domestic research.
       Safeguards and security.--The conference agreement includes 
     $51,887,000 for safeguards and security activities at 
     laboratories and facilities managed by the Office of Science. 
     The additional $3,760,000 over the budget request represents 
     the costs for safeguards and security support contracts that 
     were transferred out of Science Program Direction into this 
     subaccount.
       Science workforce development.--The conference agreement 
     provides the requested amount of $6,470,000 for science 
     workforce development. The conferees advise the Department to 
     apply the Laboratory Science Teacher Professional Development 
     initiative to all five multiprogram Science laboratories 
     rather than just to one laboratory. The conferees also 
     encourage the Department to provide funds and technical 
     expertise for high school students to participate in the 2004 
     For Inspiration and Recognition of Science and Technology 
     (FIRST) Robotics competition. FIRST has proven to be a 
     valuable program to introduce and mentor students in math and 
     science.
       Science program direction.--The conference agreement 
     includes $147,053,000 for science program direction. This 
     amount includes $80,102,000 for field offices, $58,217,000 
     for headquarters, $7,714,000 for the Technical Information 
     Management program, and $1,020,000 for Energy Research 
     Analyses. The control level for fiscal year 2004 is at the 
     program account level of Science Program Direction.
       Funding adjustments.--The conference agreement includes an 
     offset of $4,383,000 for the safeguards and security charge 
     for reimbursable work, as proposed in the budget request. The 
     conference agreement also includes the use of $10,000,000 of 
     prior year balances.

                         Nuclear Waste Disposal

       The conference agreement provides $190,000,000 for Nuclear 
     Waste Disposal, instead of $335,000,000 as proposed by the 
     House and $140,000,000 as proposed by the Senate. When 
     combined with the $390,000,000 appropriated from the Defense 
     Nuclear Waste Disposal account, a total of $580,000,000 will 
     be available for program activities in fiscal year 2004.

                      Departmental Administration

       The conference agreement provides $313,212,000 for 
     Departmental Administration expenses. Including a transfer of 
     $86,679,000 from Other Defense Activities, revenues of 
     $123,000,000, the same as estimated by the Congressional 
     Budget Office, and the use of $10,000,000 of prior year 
     balances, this results in a net appropriation of $93,533,000.
       Specific funding levels for each Departmental organization 
     are provided in the accompanying table.
       Chief Information Officer.--The conferees provide 
     $35,000,000 and direct the additional funds over the fiscal 
     year 2003 funding level be used for implementation of STARS 
     and the data warehouse for the Department's financial data.
       Office of Management, Budget and Evaluation.--The 
     conference agreement directs the Office of Environmental 
     Management to transfer $2,500,000 from Defense Site 
     Acceleration Completion to continue external independent 
     reviews by the Office of Engineering and Construction 
     Management of proposed Environmental Management projects and 
     programs and to provide increased oversight of the 
     Environmental Management accelerated cleanup contracts. To 
     continue to train and certify DOE project managers, the 
     conferees direct the Department to arrange financing of not 
     less than $2,500,000 from the Working Capital Fund to fund 
     training under the Project Management Career Development 
     Program.
       Working Capital Fund.--The conferees renew the guidance as 
     presented in House Report 107-681 regarding management of the 
     Working Capital Fund.
       Work for Others.--The conference agreement for the cost of 
     the Work for Others program is $69,682,000, the same as in 
     fiscal year 2003. The conferees adopt the Congressional 
     Budget Office estimate of $123,000,000 for revenues from Work 
     for Others activities.
       Funding Adjustments.--The conference agreement includes the 
     use of $10,000,000 of prior year balances.
       Transfer from Other Defense Activities.--The conferees 
     believe that defense-related programs should fund a 
     proportional share of total Departmental Administration 
     costs. By the conferees' calculation, the Department's 
     defense-related activities account for 70.3 percent of the 
     Department's total budget request for fiscal year 2004. 
     Subtracting out the costs for the National Nuclear Security 
     Administration (NNSA), which has largely established its own 
     corporate functions analogous to Departmental Administration 
     functions, the remaining defense-related costs account for 
     32.7 percent of the Department's total budget. For the gross 
     Departmental Administration request of $351,306,000 in fiscal 
     year 2004, the minimum defense contribution should have been 
     $114,877,000. Using some other system of mathematics, the 
     Department requested only $25,000,000 as the defense share of 
     Departmental Administration. The conferees consider this an 
     inadequate share of Departmental Administration costs, and 
     provide instead $86,679,000, the same contribution from Other 
     Defense Activities as provided in fiscal year 2003. The 
     conferees direct the Department to submit a budget request 
     for fiscal year 2005 that reflects a proportional 
     contribution from Other Defense Activities for these 
     Departmental Administration costs.
       Reprogramming guidelines.--The conference agreement 
     provides reprogramming authority of $1,000,000 or 10 percent, 
     whichever is less, within the Departmental Administration 
     account without prior submission of a reprogramming to be 
     approved by the House and Senate Committees on 
     Appropriations. No individual program account may be 
     increased or decreased by more than this amount during the 
     fiscal year using this reprogramming authority. Congressional 
     notification within 30 days of the use of this reprogramming 
     authority is required. Transfers which would result in 
     increases or decreases in excess of $1,000,000 or 10 percent 
     to an individual program account require prior notification 
     and approval.

                    Office of the Inspector General

       The conference agreement provides $39,462,000 for the 
     Inspector General as proposed by the House and the Senate.

[[Page H11098]]

                    atomic Energy Defense Activities

                National Nuclear Security Administration

       The National Nuclear Security Administration (NNSA), a 
     semi-autonomous agency within the Department of Energy, 
     manages the Nation's nuclear weapons, nuclear 
     nonproliferation, and naval reactors activities.
       Availability of funds.--The conference agreement makes 
     funds appropriated to the NNSA available until expended as 
     proposed by the Senate.
       Stockpile Plan.--The conferees direct the Secretary of 
     Energy in conjunction with the Secretary of Defense to 
     provide a report to the Appropriations and Armed Services 
     Committees of Congress providing a revised Nuclear Weapons 
     Stockpile plan that supports the President's revised Nuclear 
     Weapons Stockpile Memorandum. The revised Nuclear Weapons 
     Stockpile plan should detail the Department of Defense and 
     Department of Energy's program plan and detailed schedule to 
     achieve the President's proposed inventory adjustments to the 
     Total Strategic Stockpile, reducing the Operationally 
     Deployed weapons to 1,700-2,200 by 2012, as well as the 
     inventory adjustments to the other categories of the nuclear 
     stockpile (i.e., Strategic Active and Inactive Stockpile) by 
     weapon systems and warhead type. The conference agreement 
     restricts a portion of the funds provided for Advanced 
     Concepts research on nuclear weapons pending congressional 
     review of the Nuclear Stockpile report. This report is due to 
     the Appropriations and Armed Services Committees concurrent 
     with the submission of the fiscal year 2005 budget request.

                           Weapons Activities

       The conference agreement provides $6,272,511,000 for 
     Weapons Activities instead of $6,117,609,000 as proposed by 
     the House and $6,473,814,000 as proposed by the Senate.
       Reprogramming.--The conference agreement provides limited 
     reprogramming authority within the Weapons Activities account 
     without submission of a reprogramming to be approved in 
     advance by the House and Senate Committees on Appropriations. 
     The reprogramming thresholds will be as follows: directed 
     stockpile work, science campaigns, engineering campaigns, 
     inertial confinement fusion, advanced simulation and 
     computing, pit manufacturing and certification, readiness 
     campaigns, and operating expenses for readiness in technical 
     base and facilities. This should provide the needed 
     flexibility to manage these programs.
       In addition, funding of not more than $5,000,000 may be 
     transferred between each of these categories and each 
     construction project subject to the following limitations: 
     only one transfer may be made to or from any program or 
     project; the transfer must be necessary to address a risk to 
     health, safety or the environment or to assure the most 
     efficient use of weapons activities funds at a site; and 
     funds may not be used for an item for which Congress has 
     specifically denied funds or for a new program or project 
     that has not been authorized by Congress.
       Congressional notification within 15 days of the use of 
     this reprogramming authority is required. Transfers during 
     the fiscal year which would result in increases or decreases 
     in excess of $5,000,000 or which would be subject to the 
     limitations outlined in the previous paragraph require prior 
     notification and approval from the House and Senate 
     Committees on Appropriations. Failure to notify the 
     Committees within the 15-day period will result in denial of 
     the reprogramming.
       W80 life extension project.--The conferees have had a 
     special interest in the W80 warhead stockpile life extension 
     project (W80 LEP) and have consistently asked for unambiguous 
     answers from the NNSA and the Air Force justifying the 
     significant budget increases and the aggressive schedule for 
     the W80 LEP. In fiscal year 2000, the Nuclear Weapons Council 
     agreed to a W80 LEP schedule assuming a W80 LEP First 
     Production Unit (FPU) in fiscal year 2006. Based on 
     information provided by the Department of Energy submitted 
     subsequent to the fiscal year 2004 budget request, the 
     conferees understand that both the NNSA and the Department of 
     Defense have agreed to a revised W80 LEP baseline delaying 
     the FPU requirement until 4th quarter fiscal year 2007. 
     Because the fiscal year 2006 FPU baseline milestone resulted 
     in a very aggressive W80 LEP program, the conferees reduced 
     the significant budget request for the W80 LEP in fiscal year 
     2004.
       Directed stockpile work.--The conference agreement includes 
     $1,340,286,000 for directed stockpile work instead of 
     $1,343,786,000 as proposed by the House and $1,367,786,000 as 
     proposed by the Senate.
       The conference agreement provides $412,650,000 for 
     stockpile research and development, a reduction of 
     $20,500,000 from the budget request. The budget adjustments 
     in stockpile R&D include a reduction of $13,000,000 from the 
     budget request consistent with the W80 rebaselining 
     reductions and a $7,500,000 reduction in the robust nuclear 
     earth penetrator study budget request.
       Advanced Concepts.--The conferees provide $6,000,000 for 
     Advanced Concepts, as proposed by the Senate, of which 
     $4,000,000 is available for obligation only after the 
     official delivery of a revised Nuclear Weapons Stockpile plan 
     to Congress and a 90-day review period by the House and 
     Senate Committees on Appropriations and the Committees on 
     Armed Services. The revised Nuclear Weapons Stockpile plan 
     should detail the Department of Defense and Department of 
     Energy's program plan and detailed schedule to achieve the 
     President's proposed inventory adjustments to the Total 
     Strategic Stockpile, including the Strategic Active Stockpile 
     and Inactive Stockpile, by weapon systems and warhead type.
       Robust Nuclear Earth Penetrator.--The conferees provide 
     $7,500,000 for the Robust Nuclear Earth Penetrator study, 
     instead of $5,000,000 as proposed by the House and 
     $15,000,000 as proposed by the Senate. The conferees remind 
     the Administration that none of the funds provided may be 
     made used 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.
       The conference agreement provides $409,746,000 for 
     stockpile maintenance, an increase of $4,000,000 from the 
     budget request. Within the funds available for stockpile 
     maintenance the conference agreement provides a $10,000,000 
     increase for activities at the Y-12 plant in Tennessee to 
     complete closeout W87 LEP activities in fiscal year 2004. The 
     conference agreement includes a $6,000,000 reduction in W80 
     stockpile maintenance activities consistent with the W80 
     rebaselining. The conference agreement provides $201,885,000 
     for stockpile evaluation, a reduction of $1,000,000 from the 
     budget request consistent with the W80 rebaselining 
     reductions. In the dismantlement/disposal program the 
     conferees have provided $37,722,000, the same as the budget 
     request. In the production support program, the conferees 
     have provided $271,113,000, a reduction of $7,000,000 from 
     the budget request. In field engineering, training and 
     manuals program, the conferees have provided $7,170,000, the 
     same as the budget request.
       Campaigns.--Funding for individual campaigns is shown on 
     the accompanying table. The conferees agree with the House 
     language requesting detailed project baseline data for each 
     campaign showing the total, annual, and five-year costs, 
     schedule, scope, and deliverables for individual project 
     activities as part of the annual budget request.
       From within funds provided for the various campaigns, 
     $4,300,000 is provided for the University Research Program in 
     Robotics.
       For science campaigns, the conference agreement provides 
     $250,548,000, a reduction of $19,000,000 from the budget 
     request. The conference agreement provides $57,849,000 for 
     primary certification, a reduction of $8,000,000 from the 
     budget request. In the dynamic materials properties program, 
     the conferees have provided $82,251,000 the same as the 
     budget request. Using $5,000,000 within the funds provided 
     for dynamic materials properties, the NNSA is directed to 
     make full use of existing and developing capabilities for 
     materials properties studies, including the subcritical 
     experiments at the U1a facility, Joint Actinide Shock Physics 
     Experimental Research facility and the Atlas facility at the 
     Nevada Test Site. In the advanced radiography program, the 
     conferees have provided $55,985,000, a reduction of 
     $10,000,000 from the budget request. In the secondary 
     certification and nuclear systems margins program, the 
     conferees have provided $54,463,000, a reduction of 
     $1,000,000 from the budget request.
       For engineering campaigns, the conference agreement 
     provides $344,387,000, an increase of $13,200,000 over the 
     budget request. Enhanced surety is funded at $32,974,000, a 
     reduction of $5,000,000 from the request, consistent with the 
     W80 rebaselining reductions. In the weapons system 
     engineering certification program, the conferees have 
     provided $27,238,000, a reduction of $1,000,000 from the 
     budget request. In the nuclear survivability program, the 
     conferees have provided $22,977,000, a reduction of 
     $1,000,000 from the budget request. In the enhanced 
     surveillance program, the conferees have provided 
     $91,781,000, a reduction of $3,000,000 from the budget 
     request. In the advanced design and production technologies 
     program, the conferees have provided $77,917,000, a reduction 
     of $2,000,000 from the budget request.
       Engineering campaign construction projects.--The conference 
     agreement provides $87,000,000, an increase of $25,200,000 
     over the budget request, for Project 01-D-108, Microsystem 
     and engineering science applications (MESA) at Sandia, in New 
     Mexico.
       Inertial Confinement Fusion (ICF) Ignition and High 
     Yield.--The conferees include $517,269,000 for the inertial 
     confinement fusion ignition and high yield program, an 
     increase of $50,500,000 over the budget request.
       National Ignition Facility.--Within the funds provided, 
     $150,000,000 is for National Ignition Facility (NIF) 
     construction, Project 96-D-111, and $367,269,000 is for the 
     ICF ignition and high yield program. Within the funds 
     provided for the NIF program, the conferees direct the 
     Department to fund a public-private research and development 
     activity focused on damage resistant gratings at not less 
     than $1,000,000.
       The conferees note that NIF construction funds and NIF 
     program funds have been provided consistent with the 
     Administration's request, but are concerned that these budget 
     figures are not consistent with the revised NIF baseline due 
     to the Department's decision to fund a variety of NIF-related 
     projects and programs within the overall NIF program. While 
     the conferees are supportive of these activities and believe 
     them necessary to achieve the goal of ignition, they strongly 
     recommend that the Department submit future budgets that fund 
     these activities as one or more separate line items.

[[Page H11099]]

       Inertial Fusion Technology.--The conferees also include 
     $25,000,000 to continue development of high average power 
     lasers and supporting science and technology, the budget 
     request of $10,467,000 for the Naval Research Laboratory, and 
     $63,132,000 for the University of Rochester, an increase of 
     $20,000,000 over the budget request. The additional funding 
     is provided to the University of Rochester's Laboratory for 
     Laser Energetics for the OMEGA Extended Performance (EP) 
     Facility in support of the Nation's stockpile stewardship 
     program. The conferees expect additional funding requirements 
     to complete Omega EP construction will be included by the 
     Department in future budget requests. Additionally, the 
     conferees provide funding of $4,000,000 to initiate 
     assessments and initial development and testing of Z-Pinch 
     inertial fusion energy.
       Petawatt Lasers.--The conferees also include an additional 
     $4,500,000 for university grants and other support. Within 
     this amount, $2,500,000 is provided for the continued 
     development of an ultra short-pulse petawatt laser at the 
     University of Texas; and $2,000,000 is provided to continue 
     short-pulse laser development and research at the University 
     of Nevada-Reno.
       The conferees agree with the Senate position that high 
     intensity laser physics enables major new areas of science 
     and engineering endeavor in the United States and that 
     advances in this field will enable important progress in 
     critical aspects of basic science, fusion energy, and 
     national security. A robust, coordinated program in high 
     intensity lasers will affordably maintain U.S. leadership in 
     this critically important area. Accordingly, the conferees 
     direct the Department to pursue a joint high intensity laser 
     program with the National Science Foundation. The conferees 
     further direct the NNSA and the Department's Office of 
     Science to develop, in collaboration with the NSF, a report 
     that identifies the benefits and disadvantages of multi-
     agency coordinated research in high intensity laser science 
     and delineates how a joint program in this area will be 
     structured. This report shall be delivered to the House and 
     Senate Committees on Appropriations no later than April 15, 
     2004.
       For advanced simulation and computing, the conference 
     agreement provides $725,626,000, as proposed by the Senate. 
     From within available funds for advanced simulation and 
     computing, $6,000,000 is provided for the development of a 
     data-intensive computing center to be operated by the Ohio 
     Supercomputing Center at its Springfield, Ohio site; 
     $3,000,000 is provided to demonstrate three-dimensional chip 
     scale packaging integrated with spray cooling. The conferees 
     direct the University Partnerships program be funded at the 
     budget request.
       For the pit manufacturing and certification campaign, the 
     conference agreement provides $298,528,000 a reduction of 
     $21,700,000 from the budget request. The conference agreement 
     provides $126,773,000 for W88 pit manufacturing and 
     $108,592,000 for W88 pit certification, the same as the 
     budget request. Providing the requested level of funding will 
     ensure that the NNSA maintains its commitment to produce a 
     certified W88 pit by 2007. The conference agreement 
     provides $10,000,000 for Pit Manufacturing Capability 
     instead of $4,700,000 as proposed by the House and 
     $19,700,000 as proposed by the Senate. The conference 
     agreement provides $10,810,000 for the Modern Pit 
     Facility, a reduction of $12,000,000 from the request. The 
     conferees agree with the House Report that until the 
     Congress reviews the revised future Stockpile plan it is 
     premature to pursue further decisions regarding the Modern 
     Pit Facility.
       For readiness campaigns, the conference agreement provides 
     $247,097,000, a reduction of $10,000,000 from the budget 
     request. Funding for the Stockpile readiness campaign 
     includes $55,158,000, the same as the budget request. High 
     explosives manufacturing and weapons assembly/disassembly 
     readiness is funded at $23,649,000, instead of $19,649,000 as 
     proposed by the House and $27,649,000 as proposed by the 
     Senate. The $6,000,000 reduction to the budget request for 
     this program slows the significant program growth from the 
     previous year. The conference agreement provides $33,397,000 
     for Non-nuclear readiness, a reduction of $4,000,000 as 
     proposed by the House, consistent with the W80 rebaselining 
     reductions. Funding for the tritium readiness campaign 
     includes $134,893,000, the same as the budget request.
       Readiness in technical base and facilities.--For readiness 
     in technical base and facilities, the conference agreement 
     provides $1,027,773,000 for operations of facilities, an 
     increase of $55,000,000 over the budget request, and includes 
     several funding adjustments.
       Within funds provided for operations of facilities, the 
     conferees direct that, at a minimum, an additional $5,000,000 
     be provided for the Pantex Plant in Texas and an additional 
     $5,000,000 be provided for the Y-12 Plant in Oak Ridge, 
     Tennessee; an additional $5,000,000 for the Kansas City Plant 
     to address pension liability issues; and an additional 
     $10,000,000 for Los Alamos National Laboratory. The 
     conference agreement provides an additional $5,000,000 to 
     support operation of facilities at the Nevada Test Site, 
     (NTS) including the Device Assembly Facility, the Joint 
     Actinide Shock Physics Experimental Research facility, 
     operations associated with the Atlas relocation project, U1a 
     operations, general plant projects and other NTS support 
     facilities. An additional $25,000,000 is provided for 
     continued facility upgrades, refurbishments, operations and 
     maintenance costs associated with and for the National Center 
     for Combating Terrorism (NCCT). Within the funds available 
     for the NCCT, not less than $5,000,000 is provided jointly to 
     the Institute for Security Studies at UNLV and the Consortium 
     of Terrorism Studies and Fire Science at the University of 
     Nevada, Reno. The conference agreement includes an additional 
     $5,000,000 for modifications of the Z-beamlet laser to the Z 
     machine operations at Sandia. Within available funds, the 
     conference agreement includes $3,000,000 for technology 
     transfer activities as proposed by the Senate. The conference 
     agreement provides $500,000 within available funds for the 
     NNSA to utilize the capabilities of its national laboratories 
     for a joint effort with the U.S. Consumer Product Safety 
     Commission on sensor technologies and applications as 
     proposed by the Senate.
       For program readiness, the conference agreement provides 
     $131,093,000 the same as the budget request.
       Test Readiness.--Within funds provided for program 
     readiness activities the conference agreement provides 
     $24,891,000 for test readiness in Nevada, the same as the 
     budget request. The conferees recognize that test readiness 
     activities in Nevada were allowed to atrophy during the last 
     decade under the current nuclear test moratorium as 
     documented by the DOE Inspector General and the NNSA's 
     internal assessments. However, the conferees expect the NNSA 
     to focus on restoring a rigorous test readiness program that 
     is capable of meeting the current 24-month requirement before 
     requesting significant additional funds to pursue a more 
     aggressive goal of an 18-month readiness posture. The 
     conferees expect the House and Senate Appropriations 
     Committees be kept informed on the progress of restoring the 
     current test readiness program. The conferees remind the 
     Administration that Congressional authorization must be 
     obtained before proceeding with specific activities that 
     support the resumption of testing.
       For special projects, the conference agreement provides 
     $51,675,000, an increase of $8,700,000 over the budget 
     request. Within funds provided for special projects, the 
     conference agreement includes $6,900,000 for the New Mexico 
     Education Enrichment Foundation; $1,000,000 for the 
     preservation of Manhattan Project historical sites; $500,000 
     for the Atomic Testing History Institute; $1,000,000 for the 
     UNLV Research Foundation; $2,000,000 for stockpile 
     stewardship research at the Nevada terarwatt facility at the 
     University of Nevada-Reno; $3,000,000 is provided for Total 
     Asset Management Suite (TAMS) technology to be applied to a 
     defense lab or site; $3,000,000 is provided for a defense and 
     security research center; and the budget request for the Los 
     Alamos County Schools.
       The conference agreement includes $76,189,000 for materials 
     recycle and recovery, the same as the budget request.
       The conference agreement includes the budget request of 
     $16,006,000 for containers, $11,365,000 for storage, and 
     $89,694,000 for nuclear weapons incident response.
       Construction projects.--For construction projects in RTBF, 
     the conference agreement includes $260,440,000, a $12,936,000 
     reduction from the budget request. The conferees included the 
     following adjustments to reflect the latest program planning 
     assumption. The conference agreement provides $10,000,000 for 
     Project 04-D-125, Chemistry and Metallurgy Facility 
     Replacement (CMR-R) at Los Alamos in New Mexico, a reduction 
     of $10,500,000 from the budget request; $11,300,000 for 
     Project 03-D-121, Gas Transfer Capacity Expansion, at Kansas 
     City Plant, Kansas City, a reduction of $4,000,000 from the 
     budget request; $3,564,000 for Project 04-D-103, Project 
     Engineering and Design (PED), various locations, an increase 
     of $1,564,000 from the budget request.
       Facilities and infrastructure recapitalization.--The 
     conference agreement includes $240,123,000 for the facilities 
     and infrastructure (F&I) recapitalization program, a 
     reduction of $25,000,000 from the budget request due to 
     funding constraints. The conferees agree with the House 
     direction to procure decontamination, decommissioning and 
     demolition services through an open competitive process to 
     the greatest extent practicable. At least $45,000,000 is to 
     be used to dispose of excess facilities.
       Secure Transportation Asset.--The conference agreement 
     provides $162,400,000 for secure transportation asset, as 
     proposed by the Senate. The fiscal year 2003 supplemental 
     included an additional $20,000,000 for the secure 
     transportation asset and the conferees direct the use of the 
     carryover balances for fiscal year 2004. The secure 
     transportation asset program provides for the safe, secure 
     movement of nuclear weapons, special nuclear material, and 
     weapon components between military locations and nuclear 
     complex facilities within the United States.
       Safeguards and security.--The conference agreement includes 
     $585,750,000, the same as the budget request, for safeguards 
     and security activities at laboratories and facilities 
     managed by the National Nuclear Security Administration. The 
     conferees are aware that there are unique security 
     requirements at the Y-12 plant in Tennessee and that 
     additional resources are needed to address the current 
     deficiencies. The conferees direct the NNSA to address those 
     security needs within available funds or propose a 
     reprogramming action to provide the necessary resources.
       Funding adjustments.--The conference agreement includes an 
     adjustment of $28,985,000 for a security charge for 
     reimbursable work, as proposed in the budget, and the

[[Page H11100]]

     use of $74,753,000 in prior year balances. In addition, the 
     conferees direct the Department to use $23,000,000 of prior 
     year funds to meet a portion of the Department's liability 
     stemming from the termination of the contract with the Ohio 
     Valley Electric Corporation for power to supply the 
     Portsmouth Gaseous Diffusion Plant.

                    Defense Nuclear Nonproliferation

       The conference agreement provides $1,327,612,000 for 
     Defense Nuclear Nonproliferation instead of $1,280,195,000 as 
     proposed by the House and $1,340,195,000 as proposed by the 
     Senate.
       Availability of funds.--The conference agreement makes the 
     funds available until expended as proposed by the Senate.
       Liability Protection for U.S. interests in Russia.--The 
     conferees are greatly concerned with the continued impasse 
     between the United States and Russia on negotiations over 
     liability protections for U.S. companies and personnel 
     conducting nonproliferation work in Russia. The conferees 
     place great importance on the continued successful 
     implementation of the Department's nuclear nonproliferation 
     activities and are concerned that in allowing the government-
     to-government implementing agreements to lapse for the 
     Nuclear Cities Initiative and Plutonium Disposition 
     activities, the Administration is creating unnecessary 
     impediments to the effective implementation of nuclear 
     nonproliferation programs. Additional delays in program 
     implementation not only carry the risk of disrupting 
     important nuclear nonproliferation activities but also 
     exacerbate the problem of ever-increasing prior year balances 
     carried by the Nuclear Nonproliferation program each year. 
     The conferees urge a speedy resolution to the liability 
     negotiations.
       Nonproliferation and verification research and 
     development.--The conference agreement provides $233,373,000 
     for nonproliferation and verification research and 
     development, an increase of $29,500,000 from the request. The 
     conference agreement includes $20,000,000, the same as the 
     budget request, for ground-based systems for treaty 
     monitoring.
       The conference agreement does not adopt the House language 
     requiring all nonproliferation and verification research and 
     development funds be competed using the Technical Support 
     Working Group (TSWG) Broad Area Announcement process.
       From within available funds for research and development 
     activities, $7,000,000 is provided to support ongoing 
     activities at the Remote Sensing Test and Evaluation Center 
     (RSL) at the Nevada Test Site to recover eroding emergency 
     response infrastructure, replace aging equipment, and upgrade 
     current technology. From within the funds provided to RSL, 
     the recommendation includes $2,000,000 for the University of 
     Nevada-Reno for the development of chemical, biological, and 
     nuclear detection sensors.
       The conference agreement provides $3,000,000 for the 
     Incorporated Research Institutions for Seismology PASSCAL 
     Instrument Center. The conferees intend fiscal year 2004 to 
     be the last year of funding for the PASSCAL Instrument Center 
     provided for within this account. Within available funds, the 
     NNSA is directed to provide $15,000,000 in support of the 
     nuclear and radiological national security program. The 
     conference agreement provides $2,500,000 for the University 
     of South Florida Center for Biological Defense; $1,000,000 
     for the George Mason University Center for Biodefense; and 
     $1,000,000 for SUNY-Binghamton Advanced Sensor Design and 
     Threat Detection.
       The conferees continue to support more opportunity for open 
     competition in appropriate areas of the nonproliferation and 
     verification research and development program. The conferees 
     expect the Department to continue to implement 
     recommendations provided by the external review group in 
     support of open competition and direct the Department to 
     continue a free and open competitive process for at least 25 
     percent of its research and development activities during 
     fiscal year 2004 for ground-based systems treaty monitoring. 
     The competitive process should be open to all Federal and 
     non-Federal entities. From within funds provided for ground-
     based systems treaty monitoring, the conferees include 
     $2,500,000 in support of the Caucasus Seismic Information 
     Network. These funds are provided outside the 25 percent of 
     ground-based systems treaty monitoring funds to be awarded by 
     the Department through a free and open competitive process.
       Nonproliferation and international security.--The 
     conference agreement provides $110,734,000 for 
     nonproliferation and international security, an increase of 
     $9,000,000 over the budget request. Within the additional 
     funds, the conferees provide the budget request of $3,000,000 
     for accelerated Reduced Enrichment for Research and Test 
     Reactors (RERTR) and $1,000,000 for the HEU Research Reactor 
     Fuel Purchase initiative as proposed under the Accelerated 
     Materials Disposition proposal. The conferees provide 
     $5,000,000 for initiatives focused on removing nuclear 
     weapons-usable materials from vulnerable sites around the 
     world as proposed by Senate.
       Nonproliferation programs with Russia.--The conferees 
     continue to be concerned that too much of the money for 
     Russian programs is being spent in the United States at the 
     Department of Energy's own facilities rather than going to 
     the facilities in Russia. The Department is directed to 
     submit a plan to the Committees on Appropriations that shows 
     how the ratio of the funding within each program that is 
     spent in Russia versus the funding that remains in the United 
     States for the Department's contractors will be increased 
     significantly in each subsequent fiscal year.
       International materials protection, control and cooperation 
     (MPC&A).--The conference agreement includes $260,000,000 for 
     the MPC&A program, an increase of $34,000,000 over the budget 
     request. Within funds provided for MPC&A, the conferees 
     provide $28,000,000 for accelerating the Second Line of 
     Defense MegaPorts Initiative and other critical border 
     activities and $5,000,000 for other high priority MPC&A 
     activities, to include countries outside the Former Soviet 
     Union (FSU) such as Pakistan, India, and China.
       Accelerated Materials Disposition.--The conferees provide 
     no funding for the Accelerated Materials Disposition (AMD) 
     initiative. The conferees continue to be highly supportive of 
     the successful U.S./Russian HEU Purchase Agreement to blend 
     down 500 metric tons of highly enriched uranium over twenty 
     years. The conferees are supportive of the House language on 
     the AMD proposal and direct the Department to develop a 
     rigorous risk-based priority setting process for allocating 
     budget resources to the activity with the highest 
     nonproliferation benefit. The conferees provide the funding 
     request for accelerated Reduced Enrichment for Research and 
     Test Reactors (RERTR) and the HEU Research Reactor Fuel 
     Purchase under Nonproliferation and International Security 
     account and the accelerated Material Consolidation and 
     Conversion (MCC) program in the International materials 
     protection, control and cooperation (MPC&A) account.
       Russian Transition Initiatives.--The conference agreement 
     provides $40,000,000, the same as the budget request, for the 
     Initiatives for Proliferation Prevention (IPP) program and 
     the Nuclear Cities Initiative (NCI). The conferees are 
     troubled by the continuing liability provision impasse that 
     caused the lapsing of the NCI implementing agreement. The 
     conferees urge the Department to work aggressively with the 
     State Department and their Russian counterparts to conclude 
     the liability provision negotiations expeditiously prior to 
     significant delays to nonproliferation work in Russia.
       HEU transparency implementation.--The conference agreement 
     provides $18,000,000, the same as the budget request.
       International nuclear safety.--The conference agreement 
     provides $4,000,000, a reduction of $10,083,000 from the 
     budget request, for the international nuclear safety program. 
     The conferees note the successful conclusion of the Soviet-
     designed reactor safety program in fiscal year 2003 and 
     expect the Department to close out all remaining 
     International Nuclear Safety activities in fiscal year 2004 
     with the funds provided.
       Elimination of weapons-grade plutonium production.--The 
     conference agreement includes the budget request of 
     $50,000,000 for the elimination of weapons-grade plutonium 
     production program.
       Fissile materials disposition.--The conference agreement 
     provides $656,505,000 for fissile materials disposition, the 
     same as the budget request. The conferees direct the 
     Department to continue the thorium-based fuel cycle program 
     currently being conducted by the Russian Research Centre 
     Kurchatov Institute in conjunction with their U.S. industrial 
     partners. Within available funds the conference agreement 
     provides $4,000,000 to be used in Russia for testing and 
     evaluation of those test results to confirm this thorium-
     based fuel's plutonium disposition qualities in Russian VVER-
     1000 reactors and other non-proliferation and environmental 
     benefits. The testing will include irradiation experiments at 
     the IR-8 reactor at Kurchatov Institute. The objective of 
     this testing and evaluation is to assess the timeframe, cost, 
     and technical feasibility of this thorium-based fuel cycle 
     for plutonium disposition in Russia, with a goal of lead test 
     assemblies in 2006 in a Russian VVER-1000 nuclear power 
     plant.
       Funding adjustments.--The conference agreement includes the 
     use of $45,000,000 of prior year balances.

                             Naval Reactors

       The conference agreement provides $766,400,000 for Naval 
     Reactors.
       Funding adjustments.--The conference agreement includes the 
     use of $2,000,000 of prior year balances. In addition, the 
     conferees direct the Department to use $2,000,000 of prior 
     year balances to meet a portion of the Department's liability 
     stemming from the termination of the contract with the Ohio 
     Valley Electric Corporation for power to supply the 
     Portsmouth Gaseous Diffusion Plant.

                      Office of the Administrator

       The conference agreement provides $339,980,000 for the 
     Office of the Administrator instead of $341,980,000 as 
     proposed by the House and $337,980,000 as proposed by the 
     Senate. These funds are available until expended as proposed 
     by the Senate. Statutory language providing $12,000 for 
     official reception and representation expenses has also been 
     included.
       The conferees direct the Administrator of NNSA to provide 
     at least $2,500,000 for the NNSA Office of Project Management 
     and Engineering Support to continue its project oversight 
     work and to provide training and mentoring programs to 
     improve the skills of NNSA program and project managers.
       Defense Nuclear Nonproliferation.--The conference agreement 
     provides $58,000,000 for the

[[Page H11101]]

     Federal employees in the Office of Defense Nuclear 
     Nonproliferation. None of these funds may be taxed by the 
     NNSA for any purpose without prior notification and approval 
     by the House and Senate Committees on Appropriations.

               Environmental and Other Defense Activities


                    DEFENSE ENVIRONMENTAL MANAGEMENT

       The conference agreement provides a total of $6,626,877,000 
     for Defense Environmental Management instead of 
     $6,748,457,000 as proposed by the House and $6,743,045,000 as 
     proposed by the Senate. This funding is provided in two 
     separate appropriations: $5,651,062,000 for Defense Site 
     Acceleration Completion and $991,144,000 for Defense 
     Environmental Services, and also includes a rescission of 
     $15,329,000 from the Defense Environmental Management 
     Privatization account.
       Lack of Agreement for Accelerated Performance Management 
     Plans.--The conferees share the concerns articulated in the 
     House report regarding the linkage between additional funding 
     for accelerated cleanup and the agreement of State regulators 
     to the accelerated performance management plans. The House 
     withheld funds for specific accelerated cleanup projects 
     where State agreement was lacking. Where the necessary State 
     agreement has been reached by the time of this conference, 
     those funds have been restored. Although a final agreement 
     has not yet been reached with the State of New Mexico on the 
     accelerated cleanup plan for the Los Alamos National 
     Laboratory, the Department believes such agreement will be 
     reached shortly. The conferees provide funds for accelerated 
     cleanup of this site in fiscal year 2004, but remind the 
     Department and the State of New Mexico that these funds for 
     accelerated cleanup activities at Los Alamos are contingent 
     on the Department and the State reaching final agreement in 
     the near future.
       Statutory Changes Required for Accelerated Cleanup.--The 
     conferees strongly object to the Department sending forth its 
     contractors to advocate for legislative changes that are 
     necessary to execute accelerated cleanup plans, as was 
     apparently the case with the proposal to consider the 
     material in the Fernald silos as suitable for disposal as 
     11e.(2) material. If such statutory changes are responsible 
     and for the benefit of the Government and the taxpayer, then 
     the Department should submit such changes as part of a formal 
     legislative proposal from the Administration to the Congress. 
     The conferees direct the Department to review its current 
     Performance Management Plans and cleanup contracts to 
     identify any other instances where statutory changes are 
     required to execute accelerated cleanup. The conferees direct 
     the Department to report to the House and Senate Committees 
     on Appropriations and to the relevant House and Senate 
     authorizing committees within 60 days after enactment of this 
     Act with the results of this review, and to submit a 
     comprehensive legislative proposal with the fiscal year 2005 
     budget request including all such proposed changes to 
     existing law.
       Review of Cost and Schedule Baselines.--The conferees share 
     the concerns expressed in the House and Senate reports 
     regarding the recent 33 percent cost increase for the Hanford 
     Waste Treatment and Immobilization Plant. This increase 
     reflects a troubling lack of accountability at the Department 
     for prior cost and schedule estimates, and does not inspire 
     Congressional confidence in the reliability of the current 
     cost and schedule baseline for this project and for other 
     major cleanup projects. Therefore, the conferees direct the 
     Department to transfer $1,500,000 to the U.S. Army Corps of 
     Engineers Directorate of Expertise for Cost Engineering 
     (i.e., the Corps Walla Walla District) to conduct a detailed, 
     bottoms-up, independent review of the cost and schedule 
     baseline for the Hanford Waste Treatment and Immobilization 
     Plant. This independent review should be completed no later 
     than April 30, 2004, to allow the results of the Corps review 
     to inform the House and Senate Committees on Appropriations 
     in their consideration of the Department's fiscal year 2005 
     budget request. The conferees expect the Department to 
     execute this fund transfer within 30 days of enactment of 
     this Act, and to provide full cooperation to the Corps in 
     executing this independent review.
       The conference agreement also directs the Department to 
     transfer $2,500,000 from the Office of Environmental 
     Management to the Office of Management, Budget and Evaluation 
     to increase its oversight of the Department's accelerated 
     cleanup projects. The conferees concur with the Senate 
     language directing the Department to report back to the House 
     and Senate Committees on Appropriations by March 15, 2004, 
     with a specific proposal on how to use these additional funds 
     to establish a formal process by which the Office of 
     Management, Budget and Evaluation shall certify to the 
     Committees that new acceleration and reform agreements based 
     on the site performance management plans are comprehensive in 
     their cost estimates and contain adequate contingency 
     amounts.
       Oak Ridge Adjustments.--At the request of the Department, 
     the conference agreement makes a number of reallocations to 
     reflect the current cleanup plans for Oak Ridge National 
     Laboratory, the East Tennessee Technology Park, and the Y-12 
     Plant. The reallocations occur in the Defense Site 
     Acceleration Completion, Defense Environmental Services, Non-
     Defense Environmental Services, and Uranium Enrichment D&D 
     Fund accounts, and net to zero.


                  DEFENSE SITE ACCELERATION COMPLETION

       The conference agreement provides $5,651,062,000 for 
     defense site acceleration completion, instead of 
     $5,758,278,000 as proposed by the House and $5,770,695,000 as 
     proposed by the Senate.
       Accelerated Completions 2006.--The conference agreement 
     provides $1,248,453,000, an increase of $3,282,000 over the 
     request to reflect the adjustment for accelerated Oak Ridge 
     cleanup activities.
       Accelerated Completions 2012.--The conference agreement 
     provides $2,236,252,000, an increase of $7,938,000 over the 
     request to reflect the adjustment for accelerated Oak Ridge 
     cleanup activities.
       Accelerated Completions 2035.--The conference agreement 
     provides $1,929,536,000, a reduction of $49,061,000 from the 
     budget request to reflect the adjustment for accelerated Oak 
     Ridge cleanup activities.
       From within available funds, the conferees direct the 
     Department to provide a total of $6,000,000 for worker 
     training programs and supporting communications 
     infrastructure, oversight, and management activities at the 
     Hazardous Materials Management and Emergency Response 
     Training and Education Center. The conferees direct the 
     Department to provide $8,500,000 for the Hazardous Waste 
     Worker Training Program from within available funds. The 
     conference agreement provides $750,000 from within available 
     funds to the State of Oregon for its oversight activities 
     related to the Hanford cleanup.
       The conferees direct the Department to pay its title V air 
     permitting fees at the Idaho National Laboratory consistent 
     with prior year levels, and to bring the Pit 9 litigation to 
     an end as expeditiously as possible. The conference agreement 
     includes the budget request of $1,356,000 for activities at 
     Amchitka Island, Alaska.
       Waste Isolation Pilot Plant.--The Department's activities 
     at the Waste Isolation Pilot Plant (WIPP) are primarily 
     funded under the Accelerated Completions 2035 subaccount 
     within the Defense Site Acceleration Completion account. From 
     within available funds for Accelerated Completions 2035, the 
     conferees direct the Department to provide an additional 
     $3,500,000 to the Carlsbad community for educational support, 
     infrastructure improvements, and related initiatives to 
     address the impacts of accelerated operations at WIPP, and an 
     additional $1,500,000 to consolidate at Carlsbad all record 
     archives relevant to the operations of WIPP and the 
     transuranic waste in WIPP.
       Technology Development and Deployment.--The conference 
     agreement provides $66,920,000, an increase of $3,000,000 
     over the budget request. From within available funds, the 
     conference agreement provides $4,500,000 to continue the 
     five-year agreement with AEA technology and $7,000,000 to 
     continue the five-year agreement with Florida International 
     University's Hemispheric Center for Environmental Technology.
       Within available funds, the conference agreement provides 
     $5,000,000 for the Western Environmental Technology Office; 
     $5,000,000 for the Diagnostic Instrumentation and Analysis 
     Laboratory; $2,000,000 for work on the subsurface science 
     research institute by Idaho National Laboratory and the 
     Inland Northwest Research Alliance institutions; and 
     $3,000,000 for the Mid-Atlantic Recycling Center for End-of-
     Life Electronics. The conferees direct the Department to 
     renew its cooperative agreements with the University of 
     Nevada-Las Vegas Research Foundation and the University of 
     Nevada-Reno, and to continue its support of the Tribal 
     Colleges Initiative involving Crownpoint Institute of 
     Technology, Dine College in New Mexico, and the Southwestern 
     Indian Polytechnic Institute to develop high quality 
     environmental programs at tribal colleges.
       Within available funds, the conference agreement provides 
     $3,000,000 to continue the arsenic removal research in 
     conjunction with the American Water Works Association as 
     begun in fiscal year 2003; $3,000,000 in support of 
     desalination research consistent with the Desalination and 
     Water Purification Technology roadmap developed in 
     partnership with the Bureau of Reclamation; $750,000 to 
     support the public/private ZeroNet Energy Water Initiative; 
     and $3,000,000 to fund the demonstration on Native American 
     reservations of a stand-alone stirling engine combined with 
     an advanced vapor compression distillation system for 
     removing water contaminants.
       Within available funds, the conference agreement provides 
     $1,500,000 for the Advanced Monitoring Systems Initiative at 
     the Nevada Test Site; $1,000,000 for the Management of Nevada 
     Natural Resources with Remote Sensing Systems program; 
     $1,000,000 for the Desert Research Institute's Yucca Mountain 
     Environmental Monitoring Program; and $500,000 to initiate 
     development of an electrochemical system utilizing ceramic 
     ionic transport membranes for the recycle and disposal of 
     radioactive sodium-ion waste.
       Reprogramming authority.-- The conferees support the need 
     for flexibility to meet changing funding requirements at 
     sites that are undergoing accelerated cleanup activities. In 
     fiscal year 2004, each site manager may transfer up to 
     $5,000,000 between Defense Site Acceleration Completion 
     subaccounts (i.e., accelerated completions 2006, accelerated 
     completions 2012, accelerated completions 2035, and line item 
     construction projects) to reduce health or safety risks or to 
     gain cost savings as long as no program or project is 
     increased or decreased by more

[[Page H11102]]

     than a total of $5,000,000 during the fiscal year. This 
     reprogramming authority may not be used to initiate new 
     programs or programs specifically denied, limited, or 
     increased by Congress in the Act or report. The Committees on 
     Appropriations in the House and Senate must be notified 
     within thirty days of the use of this reprogramming 
     authority.
       Safeguards and security.--The conference agreement includes 
     $303,606,000, an increase of $3,629,000 over the budget 
     request, for safeguards and security activities at 
     laboratories and facilities managed by the Office of 
     Environmental Management. The increase reflects the 
     adjustment for accelerated Oak Ridge cleanup activities.
       Funding adjustments.--The conference agreement includes the 
     use of $132,361,000 of prior year balances to offset fiscal 
     year 2004 spending. In addition, the conferees direct the 
     Department to use $21,000,000 of prior year balances to 
     meet a portion of the Department's liability stemming from 
     the termination of the contract with the Ohio Valley 
     Electric Corporation for power to supply the Portsmouth 
     Gaseous Diffusion Plant. The conference agreement also 
     includes an offset of $1,344,000 for the security costs 
     associated with reimbursable work.


                     DEFENSE ENVIRONMENTAL SERVICES

       The conference agreement provides $991,144,000 instead of 
     $990,179,000 as proposed by the House and $987,679,000 as 
     proposed by the Senate. The conference agreement includes 
     $61,570,000 for community and regulatory support, 
     $452,000,000 for the Federal contribution to the Uranium 
     Enrichment Decontamination and Decommissioning Fund, 
     $210,430,000 for non-closure environmental activities, and 
     $287,144,000 for program direction. The conference agreement 
     includes within these amounts an additional $20,732,000 in 
     non-closure environmental activities and an additional 
     $233,000 in community and regulatory support to reflect the 
     adjustment for accelerated Oak Ridge cleanup activities.
       Within available funds, the conference agreement includes 
     $2,500,000 for the Waste Management Education and Research 
     Consortium consistent with the terms of its cooperative 
     agreement with the Department, and $500,000 to support the 
     Energy and Environmental Hispanic Community Participation 
     project of the Self Reliance Foundation.
       From within available funds for Community and Regulatory 
     Support, the conferees direct the Department to use 
     $1,000,000 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. Also from within available funds, the conferees 
     provide $3,000,000 for the US-Mexico Border Program and 
     expect the funds to be allocated for the following activities 
     which focus on reducing waste streams that threaten public 
     health along the US-Mexico border: Ongoing university 
     programs associated with the needs of Carlsbad and WIPP and 
     the Center of Excellence in Hazardous Materials.
       Within the funds available for community and regulatory 
     support, the conferees direct the Department to provide 
     $1,000,000 for the State of Nevada and $4,000,000 for the 
     affected units of local government for external oversight 
     activities related to nuclear waste disposal in Nevada.


             DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION

                              (rescission)

       The conference agreement includes the rescission of 
     $15,329,000 from the Defense Environmental Management 
     Privatization account as proposed by the Senate. The balances 
     shall be derived as follows: $13,329,000 from the Paducah 
     Disposal Facility Privatization (OR-574) and $2,000,000 from 
     the Portsmouth Disposal Facility Privatization (OR-674).

                        Other Defense Activities

       The conference agreement provides $674,491,000 for Other 
     Defense Activities instead of $666,516,000 as proposed by the 
     House and $492,209,000 as proposed by the Senate. Details of 
     the conference agreement are provided below.


                     Energy Security and Assurance

       The conference agreement provides $22,472,000 for the 
     energy security and assurance program. Of the additional 
     funds included for the Office of Energy Assurance, 
     $16,000,000 shall be available for the National Energy 
     Technology Laboratory (NETL) to implement and manage a 
     national energy assurance training capability and other 
     related activities to support the Department in accordance 
     with its National Agenda for Energy Assurance activities, 
     including $3,500,000 for program direction costs, travel, and 
     other related direct and indirect expenses. An additional 
     $4,000,000 shall be for NETL to implement and manage 
     construction, renovation, furnishing, and demolition of 
     agency facilities. The conferees provide $2,472,000 for 
     program direction in the Office of Energy Security and 
     Assurance.


                           Office of Security

       The conference agreement provides $211,757,000, the same as 
     the budget request, for the Office of Security.


                              Intelligence

       The conference agreement includes $39,823,000, the same as 
     the budget request, for the Department's intelligence 
     program.


                          Counterintelligence

       The conference agreement includes $45,955,000, the same as 
     the budget request, for the Department's counterintelligence 
     program.


            Independent Oversight and Performance Assurance

       The conference agreement provides $22,575,000, the same as 
     the budget request, for the independent oversight and 
     performance assurance program.


                Environment, Safety and Health (Defense)

       The conference agreement provides $112,261,000 for defense-
     related environment, safety and health activities, including 
     $18,910,000 for program direction. The conferees have 
     provided $3,075,000, an increase of $2,075,000 above the 
     budget request, for medical monitoring at the gaseous 
     diffusion plants at Paducah, Kentucky, and Portsmouth, Ohio, 
     and Oak Ridge, Tennessee. The conferees have provided 
     $4,000,000 to continue the DOE worker records digitization 
     project through the Research Foundation at the University of 
     Nevada-Las Vegas. The conferees direct the Department to 
     establish an employee field resource center in the Bay Area 
     of the State of California within 120 days of enactment.
       Energy Employees Compensation Initiative.--The conferees 
     are very concerned about the Department's lackluster 
     performance to date in processing the employee claims under 
     Subtitle D of the Energy Employees Occupational Illness 
     Compensation Program Act (EEOICPA) of 2000. The conferees do 
     not adopt the Senate proposal to transfer responsibility for 
     processing the Subtitle D claims from the Department of 
     Energy to the Department of Labor. However, if the Department 
     does not show significant improvement in processing Subtitle 
     D claims during fiscal year 2004, the conferees will consider 
     seriously such a transfer next fiscal year. The conferees 
     also encourage the Department to work with the authorizing 
     committees to streamline Subtitle D of the EEOICPA. Not later 
     than 180 days after the date of enactment of this Act, the 
     Secretary of Energy shall submit to the House and Senate 
     Committees on Appropriations and 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 Department for the 
     EEOICPA.


                    Worker and Community Transition

       The conference agreement provides $13,400,000 for the 
     worker and community transition program. Funding of 
     $1,400,000 has been provided for the Pinellas Community Reuse 
     Organization to complete the STAR Center transition, as 
     proposed by the House. The conferees agree with the Senate 
     language on incorporating the mission of the Office of Worker 
     and Community Transition with the Office of Legacy 
     Management. The conferees expect the two separate activities 
     for worker and community transition and legacy management to 
     continue to be identified separately in future budget 
     requests.
       No funds may be used to augment the $13,400,000 made 
     available for obligation for severance payments and other 
     benefits and community assistance grants unless the 
     Department of Energy submits a reprogramming request subject 
     to approval by the appropriate Congressional committees.


                           Legacy Management

       The conferees support the fiscal year 2004 budget request 
     proposal to establish the Office of Legacy Management to 
     manage the long-term stewardship responsibilities at the 
     Department's cleanup sites. The conference agreement provides 
     a total of $47,525,000 for the Office of Legacy Management, 
     the same as the budget request, of which $19,178,000 is 
     provided in Other Defense Activities and the balance is 
     provided in Non-Defense Environmental Services. The conferees 
     encourage the Department to utilize the Mike Mansfield 
     Advanced Technology Center to support the new Office of 
     Legacy Management.


                Funding for Defense Activities in Idaho

       The conference agreement provides $112,306,000 as proposed 
     in the House Report to fund the defense-related activities at 
     the Idaho National Engineering and Environmental Laboratory 
     (INEEL) and associated Idaho cleanup sites.


           National Security Programs Administrative Support

       The conference agreement provides $86,679,000 as proposed 
     by the House for national security programs administrative 
     support.


                     Office of Hearings and Appeals

       The conference agreement provides $3,797,000 for the Office 
     of Hearings and Appeals, the same as the budget request.


                          Funding Adjustments

       Funding adjustments include a security charge for 
     reimbursable work of $712,000 and a reduction of $15,000,000 
     to be applied to those programs that have balances carried 
     over from prior fiscal years and lower priority program 
     activities.

                     Defense Nuclear Waste Disposal

       The conference agreement provides $390,000,000 for the 
     defense contribution to the nuclear waste repository program, 
     a reduction of $40,000,000 from the request.

                    Power Marketing Administrations


                  BONNEVILLE POWER ADMINISTRATION FUND

       The conferees are aware of the Department of the Treasury's 
     concerns relating to Bonneville Power Administration's 
     financial accounting practices and expect Bonneville to

[[Page H11103]]

     rectify the situation as soon as is possible. The conferees 
     agree with the House Report language directing the Secretary 
     of Energy to conduct a review of Bonneville's mission, 
     management, and financial condition and make specific 
     recommendations to Congress to address GAO findings. The 
     Secretary should submit this report to the House and Senate 
     Committees on Appropriations by April 30, 2004. No new direct 
     loan obligations may be made during fiscal year 2004.


      OPERATION AND MAINTENANCE, SOUTHEASTERN POWER ADMINISTRATION

       The conference agreement includes $5,100,000, the same as 
     the budget request, for the Southeastern Power 
     Administration. The conference agreement provides $34,000,000 
     for purchase power and wheeling in fiscal year 2004. The 
     offsetting collections total of $34,000,000 includes 
     $15,000,000 made available in Public Law 106-377 for use in 
     fiscal year 2004, plus an additional $19,000,000 provided in 
     this Act.


      OPERATION AND MAINTENANCE, SOUTHWESTERN POWER ADMINISTRATION

       The conference agreement includes $28,600,000, the same as 
     the budget request, for the Southwestern Power 
     Administration. The conference agreement provides $1,800,000 
     for purchase power and wheeling in fiscal year 2004. The 
     offsetting collections total of $1,800,000 includes $288,000 
     made available in Public Law 106-377 for use in fiscal year 
     2004, plus an additional $1,512,000 provided in this Act. The 
     Committee recommendation also provides authority for 
     Southwestern to accept advances from non-Federal entities to 
     provide interconnections to Southwestern's transmission 
     system.


 CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA 
                          POWER ADMINISTRATION

       The conference agreement provides $177,950,000, an increase 
     of $6,950,000 over the budget request for Western Area Power 
     Administration. The conference agreement includes $6,200,000 
     for the Utah Mitigation and Conservation Account and $750,000 
     on a non-reimbursable basis for a transmission study on the 
     placement of 500 MW of wind energy in North Dakota and South 
     Dakota. The conference agreement provides $186,100,000 for 
     purchase power and wheeling in fiscal year 2004. The 
     offsetting collections for purchase power and wheeling 
     includes $20,000,000 made available in Public Law 106-377 for 
     use in fiscal year 2004, plus an additional $162,108,000 
     provided in this Act. The conference agreement includes 
     $4,825,000 for upgrades to substations and transmission lines 
     for the South of Phoenix portion of the Parker-Davis project 
     as proposed by the House.


           FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

       The conference agreement includes $2,640,000, the same as 
     the budget request, for the Falcon and Amistad Operating and 
     Maintenance Fund.

                  Federal Energy Regulatory Commission


                         salaries and expenses

       The conference agreement includes $204,400,000 for the 
     Federal Energy Regulatory Commission (FERC), an increase of 
     $5,000,000 over the budget request. The conferees provide the 
     additional funds for FERC work related to the August 2003 
     blackout and for subsequent implementation of enforceable 
     reliability standards. Revenues for FERC are set at an amount 
     equal to the budget authority, resulting in a net 
     appropriation of $0.
       The conferees are concerned that the cyber security 
     standard recently announced by the North American Electric 
     Reliability Council omits process control systems, 
     distributed control systems, and electronic relays for 
     generating stations, switching stations, and substations from 
     the definition of critical cyber assets. Computer systems 
     that provide security to the national power grid are 
     increasingly integrated among generation, transmission, and 
     distribution, and control and communication functions, and 
     therefore share interdependent vulnerability. Given that 
     technologies exist in the marketplace to protect plant-level 
     control systems, the conferees encourage the Federal Energy 
     Regulatory Commission to ensure that process control systems, 
     switching stations, and substations are adequately protected 
     by any cyber security standards issued for the national power 
     grid.
       The conferees have concerns regarding the continuing 
     impacts of Enron's past business practices on electricity 
     customers in Nevada wherein Enron Power Marketing, Inc., 
     terminated forward power contracts it entered into with 
     Sierra Pacific Power Company and Nevada Power Company and is 
     now seeking under bankruptcy protection to enforce full 
     collection of termination payments for such contracts even 
     though no power was ever delivered. In addition to the 
     substantial record of fraud and market manipulation which has 
     been established through Congressional oversight, the FERC, 
     based upon its own investigation has appropriately sanctioned 
     Enron with a ``death penalty'' prohibition against 
     participation in the energy trading business in the future. 
     The conferees expect FERC to review carefully the uniquely 
     inequitable circumstances such as those in Nevada which could 
     result in additional adverse impacts on electricity consumers 
     resulting from Enron's past illegal activities. Further, the 
     conferees encourage FERC to view any contract for the sale of 
     electric energy at wholesale that contains rates, terms, or 
     conditions affected by any manipulative or fraudulent 
     activity to be deemed contrary to the public interest.

                           General Provisions

                          Department of Energy

       Sec. 301. The conference agreement modifies bill and report 
     language proposed by the House requiring competition of 
     certain management and operating (M&O) contracts of the 
     Department of Energy. This section applies to those M&O 
     contracts that were awarded non-competitively over fifty 
     years ago (i.e., fifty years prior to the start of fiscal 
     year 2004). The affected contracts are specifically 
     identified as: Ames Laboratory, Argonne National Laboratory, 
     Lawrence Berkeley National Laboratory, Lawrence Livermore 
     National Laboratory, and Los Alamos National Laboratory.
       Subsection (a) limits the use of appropriated funds to pay 
     for these contracts unless the Secretary, not later than 60 
     days after enactment of this Act, notifies Congress and 
     publishes in the Federal Register a notice of his decision to 
     compete these contracts when their current terms expire. 
     Subsection (a)(2) allows the Secretary to use a reasonable 
     amount of funds to maintain operations of these contracts 
     during the 60-day period beginning on the date of enactment 
     of this Act.
       The conferees recognize the challenges inherent in 
     competing these contracts, especially those that are 
     currently managed by non-profit educational institutions and 
     those that are located on university property. The conferees 
     expect that the Secretary's Blue Ribbon Commission on the Use 
     of Competitive Procedures for DOE Laboratories will advise 
     the Secretary how to address these challenges. Further, the 
     conferees recognize the difficulties of competing these five 
     laboratory contracts over the next two fiscal years, which is 
     the time span during which the current contracts will expire. 
     The conferees expect the Secretary to use the flexibility 
     provided by subsection (a)(3) to stagger the award dates for 
     these five contracts, so that incumbents and other potential 
     bidders do not have to compete for multiple contracts with 
     the same award date, as would be the case with the Argonne-
     East and Argonne-West contracts.
       The conferees strongly encourage the Secretary to use the 
     competitive procedures outlined in 41 U.S.C. 253. The 
     exemption from full and open competition for federally funded 
     research and development centers (FFRDCs), as provided in 41 
     U.S.C. 253(c)(3), shall not be used as a rationale for not 
     competing these five laboratory contracts. The Department has 
     successfully competed a number of contracts for other DOE 
     laboratories that have been, and continue to be, designated 
     as FFRDCs, and the FFRDC status of the five laboratories that 
     are the subject of this section should not be used to avoid 
     competition for those contracts. The Secretary may, however, 
     use the flexibility provided in 41 U.S.C. 253 to tailor a 
     procurement that will attract both for-profit and non-profit 
     bidders.
       Sec. 302. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to prepare or implement workforce restructuring plans 
     or provide enhanced severance payments and other benefits and 
     community assistance grants for Federal employees of the 
     Department of Energy under section 3161 of the National 
     Defense Authorization Act of Fiscal Year 1993, Public Law 
     102-484. This provision has been carried in previous Energy 
     and Water Development Appropriations Acts.
       Sec. 303. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to augment the $13,400,000 made available for 
     obligation for severance payments and other benefits and 
     community assistance grants unless the Department of Energy 
     submits a reprogramming request subject to approval by the 
     appropriate Congressional committees. This provision has been 
     carried in previous Energy and Water Development 
     Appropriations Acts.
       Sec. 304. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to prepare or initiate Requests for Proposals for a 
     program if that program has not been funded by Congress in 
     the current fiscal year. This provision also precludes the 
     Department from initiating activities for new programs which 
     have been proposed in the budget request, but which have not 
     yet been funded by Congress. This provision has been carried 
     in previous Energy and Water Development Appropriations Acts.


                   (Transfers of Unexpended Balances)

       Sec. 305. The conference agreement includes a provision 
     proposed by the House and Senate that permits the transfer 
     and merger of unexpended balances of prior appropriations 
     with appropriation accounts established in this bill. This 
     provision has been carried in previous Energy and Water 
     Development Appropriations Acts.
       Sec. 306. The conference agreement includes a provision 
     proposed by the House and Senate prohibiting the Bonneville 
     Power Administration from performing energy efficiency 
     services outside the legally defined Bonneville service 
     territory unless the Administrator certifies in advance that 
     such services are not available from private sector 
     businesses. This provision has been carried in previous 
     Energy and Water Development Appropriations Acts.
       Sec. 307. The conference agreement includes a provision 
     proposed by the House establishing certain notice and 
     competition requirements for Department of Energy user

[[Page H11104]]

     facilities. This provision has been carried in previous 
     Energy and Water Development Appropriations Acts.
       Sec. 308. The conference agreement includes a provision 
     proposed by the House and Senate allowing the Administrator 
     of the National Nuclear Security Administration to authorize 
     certain nuclear weapons production plants, including the 
     Nevada Test Site, to use not more than 2 percent of available 
     funds for research, development and demonstration activities. 
     This provision has been carried in previous Energy and Water 
     Development Appropriations Acts.
       Sec. 309. The conference agreement includes a provision 
     proposed by the House and Senate which would authorize 
     intelligence activities of the Department of Energy for 
     purposes of section 504 of the National Security Act of 1947 
     until enactment of the Intelligence Authorization Act for 
     fiscal year 2004.
       Sec. 310. The conference agreement includes a provision 
     proposed by the Senate limiting the types of waste that can 
     be disposed of in the Waste Isolation Pilot Plant in New 
     Mexico. None of the funds may be used to dispose of 
     transuranic waste in excess of 20 percent plutonium by weight 
     for the aggregate of any material category. At the Rocky 
     Flats site, this provision includes: ash residues; salt 
     residues; wet residues; direct repackage residues; and 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''. This provision has been carried in 
     previous Energy and Water Development Appropriations Acts.
       Sec. 311. The conference agreement includes a provision 
     that requires that waste characterization at WIPP be limited 
     to determining that the waste is not ignitable, corrosive, or 
     reactive. This confirmation will be performed using 
     radiography or visual examination of a representative 
     subpopulation of the waste. The language directs the 
     Department of Energy to seek a modification to the WIPP 
     Hazardous Waste Facility Permit to implement the provisions 
     of this section.
       Sec. 312. The conference agreement modifies a provision 
     proposed by the Senate allowing the disposal of certain waste 
     at Fernald, Ohio, and the Niagara Falls Storage Site as 
     ``byproduct material'' as defined by section 11e.(2) of the 
     Atomic Energy Act.
       Sec. 313. The conference agreement includes a provision 
     proposed by the Senate limiting the funds that may be 
     expended under the Advanced Concepts Initiative.
       Sec. 314. The conference agreement modifies a provision 
     proposed by the Senate relating to the Martin's Cove lease.
       Sec. 315. The conference agreement includes a provision 
     proposed by the Senate regarding the reinstatement and 
     transfer of the FERC License for Project No. 2696.
       Sec. 316. The conference agreement includes a provision 
     limiting the use of funds provided for external oversight 
     activities by the State of Nevada and the affected units of 
     local government.
       Provisions not adopted by the conference.--The conference 
     agreement deletes language proposed by the Senate that: 
     changes the arrangement for funding from the power marketing 
     administrations for Corps of Engineers hydropower operation 
     and maintenance activities; the limitation on funds available 
     for engineering development of the robust nuclear earth 
     penetrator; transfer responsibility for Subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act (EEOICPA) from the Department of Energy to the Department 
     of Labor; and that requires a report on administrative 
     expenditures by DOE for EEOICPA activities.

                       Conference Recommendations

       The conference agreement's detailed funding recommendations 
     for programs in title III are contained in the following 
     table.

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                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       The conference agreement appropriates $66,000,000 for the 
     Appalachian Regional Commission instead of $33,145,000 as 
     proposed by the House and $71,145,000 as proposed by the 
     Senate. The conferees support the Appalachian-Turkish Trade 
     Project to promote trade and investment opportunities. From 
     within available funds, $1,000,000 is provided to construct a 
     multi-purpose facility for Noxubee County, Mississippi.
       The conferees direct that no Appalachian Regional 
     Commission funds shall be appropriated to Local Development 
     Districts or other recipients of Commission funds who do not 
     make available to the public on request their audited 
     statements, annual budgets, minutes of meetings, and who do 
     not give reasonable notification of their meetings to the 
     public and allow the public to attend such meetings.

                Defense Nuclear Facilities Safety Board


                         salaries and expenses

       The conference agreement includes $19,559,000 for the 
     Defense Nuclear Facilities Safety Board as proposed by the 
     House and Senate.

                        Delta Regional Authority


                         salaries and expenses

       The conference agreement appropriates $5,000,000 for the 
     Delta Regional Authority instead of $2,000,000 as proposed by 
     the House and $7,000,000 as proposed by the Senate. The 
     conferees direct the Authority to submit to the House and 
     Senate Committees on Appropriations quarterly financial 
     reports providing detailed accounting data on the 
     expenditures of funds during fiscal year 2004. The conferees 
     also expect to receive from the Authority a detailed budget 
     justification for the fiscal year 2005 budget. The Authority 
     failed to comply with this requirement in fiscal year 2004.

                           Denali Commission

       The conference agreement appropriates $55,000,000 for the 
     Denali Commission instead of $48,500,000 as proposed by the 
     Senate and no funding as proposed by the House. Within the 
     funds provided, the conferees expect the Denali Commission to 
     fund the projects outlined in the Senate Report, the Hope 
     distribution line relocation, and the Southeastern Alaska 
     Intertie System including the Upper Lynn Canal power supply 
     project, the Swan Lake-Lake Tyee segment, the Juneau-Green's 
     Creek-Hoonah segment, and planning and permitting for the 
     Petersburg-Kake segment.
       The conferees are very concerned that the Commission did 
     not comply with the requirement that it submit a detailed 
     budget justification for fiscal year 2004. Therefore, the 
     conferees have agreed to include a provision in the bill 
     which provides that $5,500,000 shall not be available to the 
     Commission until the Commission submits a detailed budget 
     justification for the fiscal year 2005 budget.

                     Nuclear Regulatory Commission


                         salaries and expenses

       The conference agreement includes $618,800,000 as proposed 
     by the House and the Senate, to be offset by revenues of 
     $538,844,000, for a net appropriation of $79,956,000. This 
     reflects the statutory language adopted by the conference in 
     fiscal year 2001 to reduce the fee recovery requirement to 92 
     percent in fiscal year 2004.
       The conferees direct the Nuclear Regulatory Commission to 
     contract with the National Academy of Sciences for a study of 
     spent nuclear fuel storage at commercial reactor sites. The 
     study should assess (1) potential safety and security risks 
     of spent nuclear fuel presently stored in cooling pools, 
     including the density of such storage; (2) safety and 
     security advantages, if any, of dry cask storage versus wet 
     pool storage at reactor sites; and (3) potential safety and 
     security advantages, if any, of dry cask storage using 
     various single-, dual-, and multi-purpose cask designs. In 
     light of the September 11, 2001, terrorist attacks, this 
     study should explicitly consider the risks of terrorist 
     attacks on these materials and the risk these materials might 
     be used to construct a radiological dispersal device. The 
     National Academy of Sciences should deliver a classified 
     report to the House and Senate Committees on Appropriations 
     no later than six months after funding is provided to 
     undertake this study and an unclassified summary as soon as 
     practicable thereafter.
       From within funds made available to the Nuclear Regulatory 
     Commission, the conferees direct the Commission to transfer 
     $1,000,000 to the National Academy of Sciences to undertake 
     this study. The conferees expect the Commission to execute 
     this transfer within 30 days of enactment of this Act. This 
     study should be conducted in coordination with the Department 
     of Homeland Security and the Department of Energy. The 
     conferees expect the Nuclear Regulatory Commission, the 
     Department of Homeland Security, and the Department of Energy 
     to make available to the National Academy of Sciences the 
     information it needs to complete this study in a timely 
     manner. Further, the Department of Homeland Security is 
     expected to contribute funding to this National Academy of 
     Sciences study to meet its requirement for a separate 
     analysis of the safety and security of spent nuclear fuel 
     storage at commercial nuclear power plants.

                                TITLE V

                           GENERAL PROVISIONS

       Section 501. The conference agreement includes language 
     proposed by the House and the Senate directing that none of 
     the funds appropriated in this Act may be used in any way, 
     directly or indirectly, to influence congressional action on 
     any legislation or appropriation matters pending before 
     Congress except to communicate to Members of Congress.
       Section 502. The conference agreement includes language 
     proposed by the Senate regarding the purchase of American-
     made equipment and products, and prohibiting contracts with 
     persons falsely labeling products as made in America. The 
     House bill included a provision regarding the false labeling 
     of products.
       Section 503. The conference agreement includes language 
     proposed by the House regarding the transfer of funds made 
     available in this Act to other departments or agencies of the 
     Federal government.
       Section 504. The conference agreement includes language 
     proposed by the House making a technical correction to the 
     Consolidated Appropriations Resolution, 2003.
       Provisions not included in the conference agreement.--The 
     conference agreement does not include language proposed by 
     the House regarding the release of water from the San Juan 
     Chama project and the Middle Rio Grande project and language 
     proposed by the House regarding the export of certain 
     materials to the Peoples' Republic of North Korea.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2004 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2003 amount, the 2004 
     budget estimates, and the House and Senate bills for 2004 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2003.......$26,712,195
Budget estimates of new (obligational) authority, fiscal year27,427,496
House bill, fiscal year 2004.................................27,585,000
Senate bill, fiscal year 2004................................27,857,232
Conference agreement, fiscal year 2004.......................27,830,900
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2003......+1,118,705
  Budget estimates of new (obligational) authority, fiscal year+403,404
  House bill, fiscal year 2004.................................+245,900
  Senate bill, fiscal year 2004.................................-26,332

     David L. Hobson,
     Rodney P. Frelinghuysen,
     Tom Latham,
     Zach Wamp,
     Jo Ann Emerson,
     John T. Doolittle
     John E. Peterson,
     Michael K. Simpson,
     Bill Young,
     Peter J. Visclosky,
     Chet Edwards,
     Ed Pastor,
     James E. Clyburn,
     Marion Berry,
     David R. Obey,
                                Managers on the Part of the House.

     Pete V. Domenici,
     Thad Cochran,
     Mitch McConnell,
     Robert F. Bennett,
     Conrad Burns,
     Larry Craig,
     Christopher Bond,
     Ted Stevens,
     Harry Reid,
     Robert Byrd,
     Fritz Hollings,
     Patty Murray,
     Byron L. Dorgan,
     Dianne Feinstein,
     Daniel K. Inouye,
     Managers on the Part of the Senate.

                          ____________________