[Congressional Record (Bound Edition), Volume 149 (2003), Part 16]
[Senate]
[Pages 22526-22536]
[From the U.S. Government Publishing Office, www.gpo.gov]




         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2004

  (On Tuesday, September 16, 2003, the Senate passed H.R. 2754, as 
follows:)

                               H.R. 2754

       Resolved, That the bill from the House of Representatives 
     (H.R. 2754) entitled ``An Act making appropriations for 
     energy and water development for the fiscal year ending 
     September 30, 2004, and for other purposes.'', do pass with 
     the following amendment:
       Strike out all after the enacting clause and insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2004, for energy and water development, 
     and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The following appropriations shall be expended under the 
     direction of the Secretary of the Army and the supervision of 
     the Chief of Engineers for authorized civil functions of the 
     Department of the Army pertaining to rivers and harbors, 
     flood control, shore protection, and related purposes.


                         General Investigations

       For expenses necessary for the collection and study of 
     basic information pertaining to river and harbor, flood 
     control, shore protection, and related projects, restudy of 
     authorized projects, miscellaneous investigations, and, when 
     authorized by laws, surveys and detailed studies and plans 
     and specifications of projects prior to construction, 
     $131,700,000, to remain available until expended, of which 
     $500,000, along with $500,000 of the unobligated balance of 
     funds made available under this heading in the Energy and 
     Water Appropriations Act, 2003, may be transferred to the 
     Bureau of Reclamation to conduct a feasibility study for the 
     purposes of providing water to Park City and the Snyderville 
     Basin, Utah: Provided, That in conducting the Southwest 
     Valley Flood Damage Reduction Study, Albuquerque, New Mexico, 
     the Secretary of the Army, acting through the Chief of 
     Engineers, shall include an evaluation of flood damage 
     reduction measures that would otherwise be excluded from the 
     feasibility analysis based on policies regarding the 
     frequency of flooding, the drainage areas, and the amount of 
     runoff: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers is directed to use 
     $250,000 for preconstruction engineering and design of 
     Waikiki Beach, Oahu, Hawaii, the project to be designed and 
     evaluated, as authorized: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers 
     is directed to use $250,000 for the continuation and 
     completion of feasibility studies of Kihei Beach, Maui, 
     Hawaii. Any recommendations for a National Economic 
     Development Plan shall be accepted notwithstanding the extent 
     of recreation benefits supporting the project features, in 
     view of the fact that recreation is extremely important in 
     sustaining and increasing the economic well-being of the 
     State of Hawaii and the nation.


                         Construction, General

       For the prosecution of river and harbor, flood control, 
     shore protection, and related projects authorized by laws; 
     and detailed studies, and plans and specifications, of 
     projects (including those for development with participation 
     or under consideration for participation by States, local 
     governments, or private groups) authorized or made eligible 
     for selection by law (but such studies shall not constitute a 
     commitment of the Government to construction), 
     $1,538,000,000, to remain available until expended, of which 
     such sums as are necessary for the Federal share of 
     construction costs for facilities under the Dredged Material 
     Disposal Facilities program shall be derived from the Harbor 
     Maintenance Trust Fund, as authorized by Public Law 104-303; 
     and of which such sums as are necessary pursuant to Public 
     Law 99-662 shall be derived from the Inland Waterways Trust 
     Fund, for one-half of the costs of construction and 
     rehabilitation of inland waterways projects, including 
     rehabilitation costs for the Lock and Dam 11, Mississippi 
     River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock 
     and Dam 19, Mississippi River, Iowa; Lock and Dam 24, 
     Mississippi River, Illinois and Missouri; Lock and Dam 3, 
     Mississippi River, Minnesota; and London Locks and Dam, 
     Kanawha River, West Virginia, projects; and of which funds 
     are provided for the following projects in the amounts 
     specified: Provided, That using $9,280,000 of the funds 
     appropriated herein, the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to continue 
     construction of the Dallas Floodway Extension, Texas, 
     project, including the Cadillac Heights feature, generally in 
     accordance with the Chief of Engineers report dated December 
     7, 1999: Provided further, That the Secretary of the Army is 
     directed to accept advance funds, pursuant to section 11 of 
     the River and Harbor Act of 1925, from the non-Federal 
     sponsor of the Los Angeles Harbor, California, project 
     authorized by section 101(b)(5) of Public Law 106-541: 
     Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to use $1,000,000 
     of the funds provided herein to continue construction of the 
     Hawaii Water Management Project: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to use $2,500,000 of the funds appropriated 
     herein to continue construction of the navigation project at 
     Kaumalapau Harbor, Hawaii: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to use $6,000,000 of the funds provided herein 
     for Dam Safety and Seepage/Stability Correction Program to 
     continue construction of seepage control features and to 
     design and construct repairs to the tainter gates at 
     Waterbury Dam, Vermont: Provided further, That the Secretary 
     of the Army, acting through the Chief of Engineers, is 
     directed to use $17,000,000 of the funds appropriated herein 
     to proceed with planning, engineering, design or construction 
     of the Grundy, Buchanan County, and Dickenson County, 
     Virginia elements of the Levisa and Tug Forks of the Big 
     Sandy River and Upper Cumberland River Project: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to use $6,400,000 of the 
     funds appropriated herein to proceed with the planning, 
     engineering, design or construction of the Lower Mingo 
     County, Upper Mingo County, Wayne County, McDowell County, 
     West Virginia elements of the Levisa and Tug Forks of the Big 
     Sandy River and Upper Cumberland River Project: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to continue the Dickenson 
     County Detailed Project Report as generally defined in Plan 4 
     of the Huntington District Engineer's Draft Supplement to the 
     Section 202 General Plan for Flood Damage Reduction dated 
     April 1997, including all Russell Fork tributary streams 
     within the County and special considerations as may be 
     appropriate to address the unique relocations and 
     resettlement needs for the flood prone communities within the 
     County: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, is directed to proceed 
     with the construction of the Seward Harbor, Alaska, project, 
     in accordance with the Report of the Chief of Engineers, 
     dated June 8, 1999, and the economic justification contained 
     therein: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, is directed and 
     authorized to continue the work to replace and upgrade the 
     dam and all connections to the existing system at Kake, 
     Alaska: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, is directed to proceed 
     with the construction of the Wrangell Harbor, Alaska, project 
     in accordance with the Chief of Engineer's report dated 
     December 23, 1999: Provided further, That the Secretary of 
     the Army, acting through the Chief of Engineers, is directed 
     to proceed with construction of the Breckenridge, Minnesota, 
     project in accordance with the Breckenridge, Minnesota 
     Feasibility Report and Environmental Impact Statement dated 
     September 2000, approved April

[[Page 22527]]

     8, 2002: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, is directed to proceed 
     with construction of repairs to the Bois Brule, Missouri, 
     project in accordance with the Bois Brule Deficiency 
     Correction Report including applicable NEPA compliance 
     submitted to the Mississippi Valley Division in June 2003: 
     Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to continue with 
     construction of the DeSoto County Regional Wastewater System 
     Project in accordance with the DeSoto County, Mississippi 
     Environmental Infrastructure-Letter Reports prepared pursuant 
     to guidance for Section 219 projects: Provided further, That 
     the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to continue with construction of the 
     Des Moines Recreational River and Greenbelt, Iowa, project in 
     accordance with the Des Moines Recreation River and 
     Greenbelt, Iowa, General Design Memorandum with Programmatic 
     Environmental Impact Statement dated September 1987, as 
     amended by the Annual Program Management Reports which serve 
     as the Master Plan for the overall project, and site specific 
     decision documents for the added work: Provided further, That 
     the Secretary of the Army, acting through the Chief of 
     Engineers is directed to continue with construction of the 
     Rio de Flag, Flagstaff, Arizona, project generally in 
     accordance with the Chief of Engineers report dated December 
     29, 2000: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers is directed to continue 
     with construction of the Tucson Drainage Area, Arizona, 
     generally in accordance with the Chief of Engineers report 
     dated May 20, 1998: Provided further, That the Secretary of 
     the Army, acting through the Chief of Engineers, is directed 
     to proceed with the construction of the Zuni and Sun Valley 
     Reaches, South Platte River, Denver County, Colorado, 
     project, in accordance with the Report of the Chief of 
     Engineers, dated May 16, 2003, and the economic justification 
     contained therein: Provided further, That the Secretary of 
     the Army, acting through the Chief of Engineers, is directed 
     to proceed with construction of the Delaware Bay Coastline, 
     Point Mahon, Delaware, project, in accordance with the Report 
     of the Chief of Engineers, dated September 28, 1998, and the 
     economic justification contained therein: Provided further, 
     That the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to proceed with the construction of 
     the Delaware Coast from Cape Henlopen to Fenwick Island, 
     Fenwick Island, Delaware, project, in accordance with the 
     Report of the Chief of Engineers, dated December 29, 2000, 
     and the economic justification contained therein: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to continue preparation of 
     the General Re-evaluation Report (GRR) to determine the 
     feasibility of additional deepening and widening of the 
     Federal Project at Gulfport Harbor, Mississippi: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to continue construction for 
     the Sand Creek Watershed, Nebraska, project in accordance 
     with the Report of the Chief of Engineers, dated December 29, 
     2000: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, is to proceed with the 
     construction of the Brigantine Inlet to Great Egg Harbor, 
     Brigantine Island, New Jersey, project, in accordance with 
     the Report of the Chief of Engineers, dated December 1999, 
     and the economic justification contained therein: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to proceed with planning, 
     engineering, and design and initiate floodway buy outs for 
     the Passaic River Management, New Jersey, project, generally 
     in accordance with the Corps of Engineers Passaic River 
     Floodway Buy-out Report, dated October 1995: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers, may use $1,000,000 of the funds made 
     available under this heading to continue construction of the 
     project for Passaic River Streambank Restoration, Minish 
     Park, New Jersey, and $6,500,000 of the funds made available 
     under this heading to carry out the project for the Raritan 
     River Basin, Green Brook Sub-Basin, New Jersey: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to continue engineering and 
     design for the Ramapo and Mahwah Rivers, Mahwah, New Jersey 
     and Suffern, New York, project: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to continue construction of the Dare County 
     Beaches, North Carolina (Bodie Island), project, in 
     accordance with the Report of the Chief of Engineers, dated 
     December 29, 2000, and the economic justification contained 
     therein: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, is directed to 
     continue construction of the Holes Creek, Ohio, project 
     including the additional floodwall and relocations, generally 
     in accordance with the Chief of Engineers report dated 
     December 23, 1981 and the Supplement to the Reevaluation 
     Report, dated 2003: Provided further, That the Secretary of 
     the Army, acting through the Chief of Engineers, is directed 
     to continue with the design and construction of the Canton 
     Lake, Oklahoma (Dam Safety) project, in accordance with the 
     Corps of Engineer's Dam Safety Assurance Report, dated March 
     22, 2002: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, is directed to 
     continue with design and construction of the Lawton, 
     Oklahoma, Waste Water Infrastructure Rehabilitation project, 
     in accordance with the requirements identified in the City of 
     Lawton's Sewer Rehabilitation Program in conjunction with the 
     Oklahoma Department of Environmental Quality's consent order: 
     Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to proceed with 
     the construction of the Columbia River Channel Improvements, 
     Oregon and Washington, project in accordance with the Report 
     of the Chief of Engineers, dated December 23, 1999 and the 
     economic justification and environmental features stated 
     therein, as amended by the Final Supplemental Integrated 
     Feasibility Report and Environmental Impact Statement dated 
     January 28, 2003: Provided further, That the Secretary of the 
     Army, acting through the Chief of Engineers, is directed to 
     proceed with the construction of the Schuylkill River Park, 
     Philadelphia, Pennsylvania, project, in accordance with the 
     Letter Report, dated February 2003, and the economic 
     justification contained therein: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to proceed with the preparation of plans and 
     specifications for periodic nourishment of the Folly Beach, 
     South Carolina, project, in accordance with the General 
     Design Memorandum, dated May 1991 and approved by the Chief 
     of Engineers on July 22, 1992, and the economic justification 
     contained therein: Provided further, That the Secretary of 
     the Army, acting through the Chief of Engineers, is directed 
     to proceed to construction of the Missouri River, South 
     Dakota, project, in accordance with the provisions contained 
     in Title IX of WRDA 2000: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to proceed with the Puget Sound Adjacent Waters 
     Restoration, Washington project, as directed by Section 544 
     of Public Law 106-541: Provided further, That the Secretary 
     of the Army, acting through the Chief of Engineers, is 
     directed to proceed with the Shoalwater Bay Shoreline 
     Erosion, Washington, project as directed by Section 545 of 
     Public Law 106-541: Provided further, That the Secretary of 
     the Army, acting through the Chief of Engineers, is directed 
     to proceed with the construction of the Jackson Hole, 
     Wyoming, project, in accordance with Public Law 106-541, and 
     the economic justification contained therein: Provided 
     further, That the Secretary of the Army is directed to use 
     funds appropriated for the navigation project, Tampa Harbor, 
     Florida to carry out, as part of the project, construction of 
     passing lanes in an area approximately 3.5 miles long, 
     centered on Tampa Bay Cut B, if the Secretary determines that 
     such construction is technically sound, environmentally 
     acceptable, and cost effective: Provided further, That no 
     funds appropriated in this Act for the purpose of 
     construction of the projects for the Everglades and South 
     Florida Ecosystem Restoration shall be available for 
     expenditure unless the Administrator of the Environmental 
     Protection Agency certifies that the projects meet all 
     applicable state water quality standards and numeric criteria 
     adopted for phosphorus as well as water quality requirements 
     set forth in the Consent Decree by September 30, 2003 and 
     every 12 months thereafter until September 30, 2006: Provided 
     further, That within funds provided herein, $500,000 may be 
     used for completion of design and initiation of construction 
     of the McCarran Ranch, NV, environmental restoration project: 
     Provided further, That within funds provided herein, $100,000 
     may be used for initiation of feasibility studies to address 
     erosion along Bayou Teche, LA within the Chitimacha 
     Reservation: Provided further, That the Secretary of the Army 
     may use at least $1,000,000 of the funds provided under this 
     heading for the Great Lakes fishery and ecosystem restoration 
     program: Provided further, That using $200,000 appropriated 
     herein, the Secretary of the Army, acting through the Chief 
     of Engineers, may develop an environmental impact statement 
     for introducing non-native oyster species into the Chesapeake 
     Bay. During preparation of the environmental impact 
     statement, the Secretary may establish a scientific advisory 
     body consisting of the Virginia Institute of Marine Science, 
     the University of Maryland, and other appropriate research 
     institutions to review the sufficiency of the environmental 
     impact statement. In addition, the Secretary shall give 
     consideration to the findings and recommendations of the 
     National Academy of Sciences report on the introduction of 
     non-native oyster species into the Chesapeake Bay in the 
     preparation of the environmental impact statement. 
     Notwithstanding the cost sharing provisions of section 510(d) 
     of the Water Resources Development Act of 1996 (110 Stat. 
     3760), the preparation of the environmental impact statement 
     shall be cost shared 50 percent Federal and 50 percent non-
     Federal, for an estimated cost of $2,000,000. The non-Federal 
     sponsors may meet their 50 percent matching cost share 
     through in-kind services: Provided, That the Secretary 
     determines that work performed by the non-Federal sponsors is 
     reasonable, allowable, allocable, and integral to the 
     development of the environmental impact statement.


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

       For expenses necessary for prosecuting work of flood 
     control, rescue work, repair, restoration, or maintenance of 
     flood control projects threatened or destroyed by flood, as 
     authorized by law (33 U.S.C. 702a and 702g-1), $329,000,000, 
     to remain available until expended: Provided, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     using $12,000,000 of the

[[Page 22528]]

     funds provided herein, is directed to continue design and 
     real estate activities and to initiate the pump supply 
     contract for the Yazoo Basin, Yazoo Backwater Pumping Plant, 
     Mississippi: Provided further, That the pump supply contract 
     shall be performed by awarding continuing contracts in 
     accordance with 33 U.S.C. 621: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers 
     is directed, with funds previously appropriated, to continue 
     construction of water withdrawal features of the Grand 
     Prairie, Arkansas, project.


                   Operation and Maintenance, General

       For expenses necessary for the preservation, operation, 
     maintenance, and care of existing river and harbor, flood 
     control, and related works, including such sums as may be 
     necessary for the maintenance of harbor channels provided by 
     a State, municipality or other public agency, outside of 
     harbor lines, and serving essential needs of general commerce 
     and navigation; surveys and charting of northern and 
     northwestern lakes and connecting waters; clearing and 
     straightening channels; and removal of obstructions to 
     navigation, $2,014,000,000, to remain available until 
     expended, of which such sums as become available in the 
     Harbor Maintenance Trust Fund, pursuant to Public Law 99-662, 
     may be derived from that Fund, and of which such sums as 
     become available from the special account established by the 
     Land and Water Conservation Act of 1965, as amended (16 
     U.S.C. 460l), may be derived from that account for 
     construction, operation, and maintenance of outdoor 
     recreation facilities; and of which $500,000 may be available 
     for dredging and other operation and maintenance of the Rogue 
     River, Gold Beach, Oregon; and of which $500,000 may be 
     available for dredging and other operation and maintenance of 
     the Umpqua River, Oregon: Provided, That of funds 
     appropriated herein, for the Intracoastal Waterway, Delaware 
     River to Chesapeake Bay, Delaware and Maryland, the Secretary 
     of the Army, acting through the Chief of Engineers, is 
     directed to reimburse the State of Delaware for normal 
     operation and maintenance costs incurred by the State of 
     Delaware for the SR1 Bridge from station 58+00 to station 
     293+00 between October 1, 2003, and September 30, 2004: 
     Provided further, That none of the funds appropriated under 
     this heading may be used for the Great Lakes Sediment 
     Transport Models: Provided further, That the Secretary of the 
     Army, acting through the Chief of Engineers, may use not less 
     than $5,461,000 of the funds made available under this 
     heading for the Alabama-Coosa River, Alabama (including for 
     routine operations and maintenance work at Swift Creek Park), 
     of which not less than $2,500,000 may be used for annual 
     maintenance dredging of navigational channels of the Alabama-
     Coosa River: Provided further, That the Secretary of the 
     Army, acting through the Chief of Engineers, is directed to 
     use funds appropriated herein to rehabilitate the existing 
     dredged material disposal site for the project for 
     navigation, Bodega Bay Harbor, California, and to continue 
     maintenance dredging of the Federal channel: Provided 
     further, That the Secretary shall make suitable material 
     excavated from the site as part of the rehabilitation effort 
     available to the non-Federal sponsor, at no cost to the 
     Federal Government, for use by the non-Federal sponsor in the 
     development of public facilities: Provided further, That the 
     Corps of Engineers shall not allocate any funds, to deposit 
     dredge material, without the consent of the landowners, on 
     private property located along Reach 1, Reach 2, Reach 4, 
     Reach 5, and Reach 6 of the Gulf Coast Intracoastal Waterway 
     as defined by the Draft Laguna Madre GIWW Dredged Material 
     Management Plan prepared by the Corps of Engineers and the 
     Interagency Coordination Team dated October 11, 2002: 
     Provided further, That the Secretary is directed to use 
     $5,000,000 of the funds appropriated herein to undertake the 
     restoration of Tar Creek and Vicinity, Oklahoma project: 
     Provided further, That the Secretary of the Army may use 
     $3,000,000 of the funds provided under this heading to 
     undertake, in connection with the harbor of Morehead City, 
     North Carolina, a project to disperse sand along Bogue Banks: 
     Provided further, That $65,000,000 is provided to be used by 
     the Secretary of the Army, acting through the Chief of 
     Engineers, to repair, restore, and clean up projects and 
     facilities of the Corps of Engineers and dredge navigation 
     channels, restore and clean out area streams, provide 
     emergency stream bank protection, restore other crucial 
     public infrastructure (including water and sewer facilities), 
     document flood impacts, and undertake other flood recovery 
     efforts considered necessary by the Chief of Engineers.


                 Flood Control and Coastal Emergencies

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


                           Regulatory Program

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


            Formerly Utilized Sites Remedial Action Program

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


                            General Expenses

       For expenses necessary for general administration and 
     related functions in the Office of the Chief of Engineers and 
     offices of the Division Engineers, activities of the 
     Humphreys Engineer Center Support Activity, the Institute for 
     Water Resources, and headquarters support functions at the 
     USACE Finance Center, $160,000,000, to remain available until 
     expended: Provided, That no part of any other appropriation 
     provided in title I of this Act shall be available to fund 
     the activities of the Office of the Chief of Engineers or the 
     executive direction and management activities of the division 
     offices: Provided further, That none of these funds shall be 
     available to support an office of congressional affairs 
     within the executive office of the Chief of Engineers.


                       Administrative Provisions

       Appropriations in this title shall be available for 
     official reception and representation expenses (not to exceed 
     $5,000); and during the current fiscal year the Revolving 
     Fund, Corps of Engineers, shall be available for purchase 
     (not to exceed 100 for replacement only) and hire of 
     passenger motor vehicles.


                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

       Sec. 101. Agreements proposed for execution by the 
     Assistant Secretary of the Army for Civil Works or the United 
     States Army Corps of Engineers after the date of the 
     enactment of this Act pursuant to section 4 of the Rivers and 
     Harbor Act of 1915, Public Law 64-291; section 11 of the 
     River and Harbor Act of 1925, Public Law 68-585; the Civil 
     Functions Appropriations Act, 1936, Public Law 75-208; 
     section 215 of the Flood Control Act of 1968, as amended, 
     Public Law 90-483; sections 104, 203, and 204 of the Water 
     Resources Development Act of 1986, as amended, Public Law 99-
     662; section 206 of the Water Resources Development Act of 
     1992, as amended, Public Law 102-580; section 211 of the 
     Water Resources Development Act of 1996, Public Law 104-303; 
     and any other specific project authority, shall be limited to 
     credits and reimbursements per project not to exceed 
     $10,000,000 in each fiscal year, and total credits and 
     reimbursements for all applicable projects not to exceed 
     $50,000,000 in each fiscal year.
       Sec. 102. None of the funds appropriated in this Act, or 
     any other Act, shall be used to demonstrate or implement any 
     plans divesting or transferring of any Civil Works missions, 
     functions, or responsibilities for the United States Army 
     Corps of Engineers to other government agencies without 
     specific direction in a subsequent Act of Congress.
       Sec. 103. Alamogordo, New Mexico. The project for flood 
     protection at Alamogordo, New Mexico, authorized by the Flood 
     Control Act of 1962 (Public Law 87-874), is modified to 
     authorize and direct the Secretary to construct a flood 
     detention basin to protect the north side of the City of 
     Alamogordo, New Mexico, from flooding. The flood detention 
     basin shall be constructed to provide protection from a 100-
     year flood event. The project cost share for the flood 
     detention basin shall be consistent with Section 103(a) of 
     the Water Resources Development Act of 1986, notwithstanding 
     Section 202(a) of the Water Resources Development Act of 
     1996.
       Sec. 104. Section 10 of the Rivers and Harbors Act of 1922, 
     42 Stat. 1043, 33 U.S.C. 621, is amended by inserting a comma 
     after the word ``Congress'' and inserting immediately 
     thereafter ``to include any and all pre-authorization 
     planning, engineering, design, construction, and operation 
     and maintenance,''.
       Sec. 105. The Secretary is authorized and may design, 
     remove and dispose of oil bollards and associated debris in 
     Burlington Harbor, Vermont, at full Federal expense.
       Sec. 106. Kake Dam Replacement, Kake, Alaska Technical 
     Corrections. Section 105, Public Law 106-377, is amended by 
     striking ``$7,000,000'' and inserting in lieu thereof 
     ``$11,000,000 at full Federal expense''.
        Sec. 107. Deauthorization of Inactive Corps Projects. The 
     following projects, with a total estimated authorized cost of 
     $404,000,000, are not authorized after the date of enactment 
     of this Act, except with respect to any portion of such a 
     project which portion has been completed before such date or 
     is under construction on such date:
       (1) The project for flood control, Green Bay Levee & 
     Drainage District No. 2, Iowa, authorized by the Water 
     Resources Development Act of 1986, deauthorized in fiscal 
     year 1991, and reauthorized by the Water Resources 
     Development Act of 1992;
       (2) The project for navigation, Illinois Waterway Cal-Sag 
     Part III, Illinois, authorized by the River and Harbor Act of 
     1946;
       (3) The project for flood control, Lake George, Hobart, 
     Indiana, authorized by the Water Resources Development Act of 
     1986;
       (4) The project for flood control, Hazard, Kentucky, 
     authorized by the Water Resources Development Act of 1988 
     (Public Law 100-876) and the Water Resources Development Act 
     of 1990 (Public Law 101-640);
       (5) The project for recreation, Taylorsville Lake 
     (Uncompleted Recreation), Kentucky, authorized by the Flood 
     Control Act of 1966;
       (6) The project for flood control, Vanceburg, Kentucky, 
     LPP, authorized by the Flood Control Act of 1937;
       (7) The project for flood control, Libby Dam (Units 6-8), 
     Montana, authorized by the Water Resources Development Act of 
     1996;
       (8) The project for flood control, Epping, New Hampshire, 
     authorized by the Water Resources Development Act of 1992;
       (9) The project for flood control, Manchester, New 
     Hampshire, authorized by the Water Resources Development Act 
     of 1992;
       (10) The project for flood control, Rochester, New 
     Hampshire, authorized by the Water Resources Development Act 
     of 1992;

[[Page 22529]]

       (11) The project for multiple purposes, Fort Gibson Lake, 
     Oklahoma (Units 5 and 6), authorized by the Water Resources 
     Development Act of 1986;
       (12) The project for flood control, Parker Lake, Muddy 
     Boggy Creek, Oklahoma, authorized by the Water Resources 
     Development Act of 1986;
       (13) The project for flood control, Tamaqua, Pennsylvania, 
     authorized by the Water Resources Development Act of 1974;
       (14) The project for shoreline protection, Cliff Walk, 
     Newport, Rhode Island, authorized by the River and Harbor Act 
     of 1956 and amended by the Water Resources Development Act of 
     1992;
       (15) The project for navigation, Narragansett Town Beach, 
     Narragansett, Rhode Island, authorized by the Water Resources 
     Development Act of 1992 and amended by the Water Resources 
     Development Act of 1996;
       (16) The project for navigation, Quonset Point-Davisville, 
     Rhode Island (Bulkhead Repairs), authorized by the Water 
     Resources Development Act of 1996;
       (17) The project for flood control, Arroyo Colorado, Texas, 
     authorized by the Water Resources Development Act of 1986;
       (18) The project for flood control, Cypress Creek-
     Structural, Texas, authorized by the Water Resources 
     Development Act of 1988; and
       (19) The project for flood control, Cache County, Utah, 
     authorized by the Water Resources Development Act of 1992 and 
     amended by the Water Resources Development Act of 1999.
       Sec. 108. Deauthorization of Project for Navigation, 
     Pawtuxet Cove, Rhode Island. (a) In General.--The portions of 
     the project for navigation, Pawtuxet Cove, Rhode Island, 
     authorized by section 101 of the River and Harbor Act of 1962 
     (76 Stat. 1173) and described in subsection (b) shall no 
     longer be authorized after the date of enactment of this Act.
       (b) Descriptions.--The portions of the project referred to 
     in subsection (a) are the following:
       (1) Beginning at a point along the western edge of the 6-
     foot channel just south of the 6-foot turning basin: 
     N247,856.00, E530,338.00, thence running north 51 degrees 44 
     minutes 12.5 seconds west 214.77 feet to a point N247,989.00, 
     E530,169.37, thence running north 13 degrees 14 minutes 48.8 
     seconds west 149.99 feet to a point N248,135.00, E530,135.00, 
     thence running north 44 degrees 11 minutes 7.4 seconds east 
     137.77 feet to a point N248,233.79, E530,231.02, thence 
     running north 3 degrees 58 minutes 18.8 seconds west 300.00 
     feet to a point N248,533.07, E530,210.24 thence running north 
     86 degrees 1 minute 34.3 seconds east 35.00 feet to a point 
     N248,535.50, E530,245.16, thence running south 3 degrees 58 
     minutes 21.0 seconds east 342.49 feet to a point N248,193.83, 
     E530,268.88, thence running south 44 degrees 11 minutes 7.4 
     seconds west 135.04 feet to a point N248,097.00, E530,174.77, 
     thence running south 13 degrees 14 minutes 48.8 seconds east 
     85.38 feet to a point N248,013.89, E530,194.33, thence 
     running south 51 degrees 44 minutes 12.5 seconds east 166.56 
     feet to a point N247,910.74, E530,325.11 thence running south 
     13 degrees 14 minutes 49.2 seconds east 56.24 feet to the 
     point of origin.
       (2) Beginning at a point along the eastern edge of the 6-
     foot channel opposite the 6-foot turning basin: N248,180.00, 
     E530,335.00, thence running south 32 degrees 12 minutes 35.3 
     seconds east 88.25 feet to a point N248,105.33, E530,382.04, 
     thence running south 13 degrees 14 minutes 49.2 seconds east 
     138.48 feet to a point N247,970.53, E530,413.77, thence 
     running north 32 degrees 12 minutes 35.3 seconds west 135.42 
     feet to a point N248,085.12, E530,341.59, thence running 
     north 3 degrees 58 minutes 21.0 seconds west 95.11 feet to 
     the point of origin.
       (3) Beginning at a point along the eastern edge of the 
     channel adjacent to the 6-foot entrance channel: N246,630.77, 
     E530,729.17, thence running south 13 degrees 14 minutes 49.2 
     seconds east 35.55 feet to a point N246,596.16, E530,737.32, 
     thence running south 51 degrees 31 minutes 38.6 seconds east 
     283.15 feet to a point N246,420.00, E530,959.00, thence 
     running north 47 degrees 28 minutes 37.2 seconds west 311.84 
     feet returning to a point N246,630.77, E530,729.17.
       Sec. 109. (a) The Secretary of the Army is authorized to 
     provide technical, planning, design and construction 
     assistance to non-Federal interests to remedy adverse 
     environmental and human health impacts in Ottawa County, 
     Oklahoma. In providing assistance, the Secretary shall 
     coordinate with the State, Tribal, and local interests. The 
     Secretary may undertake implementation of such activities as 
     the Secretary determines to be necessary or advisable to 
     demonstrate practicable alternatives, such activities shall 
     include measures to address lead exposure and other 
     environmental problems related to historical mining 
     activities in the area.
       (b) In carrying out subsection (a), the Secretary may 
     utilize, through contracts or other means, the services of 
     the University of Oklahoma, the Oklahoma Department of 
     Environmental Quality, or such other entities as the 
     Secretary determines to be appropriate.
       (c) Notwithstanding any other provision of law, the 
     Secretary shall not incur liability under the Comprehensive 
     Environmental Response, Compensation, and Liability Act (42 
     U.S.C. 9601, et seq.) for activities undertaken pursuant to 
     this section.
       (d) Non-Federal interests shall be responsible for 
     providing any necessary lands, easements or rights-of-way 
     required for implementation of activities authorized by this 
     section and shall be responsible for operating and 
     maintaining any restoration alternatives constructed or 
     carried out pursuant to this section. All other costs shall 
     be borne by the Federal Government.
       (e) There is authorized to be appropriated $15,000,000 to 
     carry out the purposes of this section.
       Sec. 110. The amount of $2,000,000 previously provided 
     under the heading ``Construction, General'' in Title I of the 
     Energy and Water Development Appropriations Act, 2003, 
     Division D of Public Law 108-7, is to be used to provide 
     technical assistance at full Federal expense, to Alaskan 
     communities to address the serious impacts of coastal 
     erosion.
       Sec. 111. The project for flood control for the American 
     and Sacramento Rivers, California, authorized by Section 
     101(a)(1) of the Water Resources Development Act of 1996 
     (Public Law 104-303) and Section 366 of the Water Resources 
     Development Act of 1999, is modified to authorize the 
     Secretary of the Army, acting through the Chief of Engineers, 
     to construct the project at a total cost of $205,000,000, 
     with an estimated Federal share of $153,840,000 and an 
     estimated non-Federal share of $51,160,000. For purposes of 
     section 103 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2213), the modifications authorized by this 
     section shall be subject to the same cost sharing in effect 
     for the project authorized by 101(a)(1) of the Water 
     Resources Development Act of 1996.
       Sec. 112. St. Georges Bridge, Delaware. None of the funds 
     made available in this Act may be used to carry out any 
     activity relating to closure or removal of the St. Georges 
     Bridge across the Intracoastal Waterway, Delaware River to 
     Chesapeake Bay, Delaware and Maryland, including a hearing or 
     any other activity relating to preparation of an 
     environmental impact statement concerning the closure or 
     removal.
       Sec. 113. Section 214(a) of Public Law 106-541 is amended 
     by striking ``2003'' and inserting in lieu thereof ``2005''.
       Sec. 114. The Secretary of the Army, acting through the 
     Chief of Engineers, shall direct construction of Alternative 
     1 (Northeast Corner) for the project authorized in section 
     353 of Public Law 105-277 notwithstanding any other provision 
     of law.
       Sec. 115. The Secretary of the Army, acting through the 
     Chief of Engineers, is authorized to undertake appropriate 
     planning, design, and construction measures for wildfire 
     prevention and restoration in the Middle Rio Grande bosque in 
     and around the City of Albuquerque. Work shall be directed 
     toward those portions of the bosque which have been damaged 
     by wildfire or are in imminent danger of damage from wildfire 
     due to heavy fuel loads and impediments to emergency vehicle 
     access. This work shall be undertaken at full Federal 
     expense.
       Sec. 116. Section 595 of the Water Resources Development 
     Act of 1999 (113 Stat. 383; 117 Stat. 142) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 595. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, AND 
                   RURAL UTAH.'';

       (2) in subsection (a)--
       (A) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (B) by striking (a) and all that follows through ``means--
     '' and inserting the following:
       ``(a) Definitions.--In this section:
       ``(1) Rural nevada.--The term `rural Nevada' means''; and
       (C) by adding at the end the following:
       ``(2) Rural utah.--The term `rural Utah' means--
       ``(A) the counties of Box Elder, Cache, Rich, Tooele, 
     Morgan, Summit, Dagett, Wasatch, Duchesne, Uintah, Juab, 
     Sanpete, Carbon, Millard, Sevier, Emery, Grand, Beaver, 
     Piute, Wayne, Iron, Garfield, San Juan, and Kane, Utah; and
       ``(B) the portions of Washington County, Utah, that are 
     located outside the city of St. George, Utah.'';
       (3) in subsections (b) and (c), by striking ``Nevada, 
     Montana, and Idaho'' and inserting ``Idaho, Montana, rural 
     Nevada, New Mexico, and rural Utah''; and
       (4) in subsection (h), by striking ``2001--'' and all that 
     follows and inserting ``2001 $25,000,000 for each of Idaho, 
     Montana, New Mexico, and rural Utah, to remain available 
     until expended.''.
       Sec. 117. Of the amounts provided in section 312, the 
     Secretary of Energy shall make the funds available to 
     ``Department of Defense--Civil, Department of the Army, Corps 
     of Engineers--Civil, Construction, General'' account, to 
     remain available until expended, for the following: 
     $5,000,000 for the Walter F. George Powerhouse, AL; 
     $3,400,000 for the Rio Salado, Phoenix and Tempe Reaches, AZ 
     project; $3,000,000 for the Montgomery Point Lock and Dam, AR 
     project; $2,250,000 for the Red River Below Denison Dam, AR 
     and LA and TX project; $3,750,000 for the Red River Emergency 
     Bank, AR and LA project; $5,000,000 for the Napa River, CA 
     project; $5,000,000 for the Oakland Harbor, CA project; 
     $5,000,000 for the Port of Los Angeles project; $4,300,000 
     for the Santa Ana River Mainstem, CA project; $2,900,000 for 
     the South Sacramento Streams, CA project; $1,286,000 for the 
     Delaware Coast from Cape Henlopen to Fenwick Island, DE 
     project; $1,000,000 for the Delaware Bay Coastline, Port 
     Mahon, DE project; $1,250,000 for the Martin County, FL 
     project; $3,000,000 for the Brunswick Harbor, GA project; 
     $5,000,000 for the McCook and Thornton, IL project; 
     $15,000,000 for the Olmsted Locks and Dam, Ohio River, IL and 
     KY project; $600,000 for the Des Moines Recreational River 
     and Greenbelt, IA project;

[[Page 22530]]

     $250,000 for the Lock and Dam 19, IA project; $800,000 for 
     the Perry Creek, IA project; $10,134,000 for the Kentucky 
     Lock and Dam, KY project; $4,565,000 for the Inner Harbor 
     Navigation Canal Lock, LA project; $3,000,000 for the J 
     Bennett Johnston Waterway, LA project; $10,000,000 for the 
     Southeast Louisiana project; $262,000 for the Genessee 
     County, MI project; $287,000 for the Negaunee, MI project; 
     $1,000,000 for the Breckenridge, MN project; $1,500,000 for 
     the Blue River Basin, Kansas City, MO project; $3,000,000 for 
     the Meramec River Basin, Valley Park Levee, MO project; 
     $5,000,000 for the Mississippi River between the Ohio and 
     Missouri Rivers, MO project; $2,000,000 for the Fort Peck 
     Fish Hatchery, MT project; $2,000,000 for the Rural Montana, 
     MT project; $1,000,000 for the Western Sarpy and Clear Creek, 
     NE project; $1,000,000 for the Great Egg Harbor Inlet and 
     Peck Beach, NJ project; $1,000,000 for the Hackensack-
     Meadowlands, Environmental Improvement, NJ project; $500,000 
     for the Passaic River Preservation of Natural Storage Areas, 
     NJ project; $1,000,000 for the Passaic River Streambank 
     Restoration, (Minish Park), NJ project; $500,000 for the Dare 
     County Beaches, Bodie Island, NC project; $5,000,000 for the 
     Wilmington Harbor, NC project; $3,000,000 for the Grand 
     Forks, ND-East Grand Forks, MN project; $1,600,000 for the 
     Tenkiller Ferry Lake, OK (Dam Safety) project; $5,000,000 for 
     the Columbia River Channel Improvements, OR project; 
     $5,000,000 for the Locks and Dams 2, 3, and 4, PA project; 
     $3,000,000 for the Chief Joseph Dam Gas Abatement, WA 
     project; $4,000,000 for the Marmet Lock, Kanawa River, WV 
     project; and $2,366,000 for the Jackson Hole, WY project.
       Sec. 118. Section 560(f) of Public Law 106-53 is amended by 
     striking ``$5,000,000'' and inserting in lieu thereof 
     ``$7,500,000''.
       Sec. 119. Section 219(f) of the Water Resources Development 
     Act of 1992 (Public Law 102-580; 106 Stat. 4835), as amended 
     by section 502(b) of the Water Resources Development Act of 
     1999 (Public Law 106-53; 113 Stat. 335) and section 108(d) of 
     title I of division B of the Miscellaneous Appropriations 
     Act, 2001 (as enacted by Public law 106-554; 114 Stat. 2763A-
     220), is further amended by adding at the end the following:
       ``(71) Coronado, california.--$10,000,000 may be authorized 
     for wastewater infrastructure, Coronado, California.''.
       Sec. 120. Great Lakes Remedial Action Plans and Sediment 
     Remediation Programs. Of the amounts made available by this 
     title under the heading ``GENERAL INVESTIGATIONS'', not less 
     than $1,500,000 may be available for Great Lakes remedial 
     action plans and sediment remediation programs under section 
     401 of the Water Resources Development Act of 1990 (33 U.S.C. 
     1268 note; Public Law 101-640).
       Sec. 121. Section 592(g) of the Water Resources Development 
     Act of 1999 (Public Law 106-53; 113 Stat. 380) is amended by 
     striking ``$25,000,000 for the period beginning with fiscal 
     year 2000'' and inserting ``$100,000,000''.
       Sec. 122. Of the funds made available under Operation and 
     Maintenance, General, an additional $500,000 may be made 
     available to the Recreation Management Support Program to 
     work with the International Mountain Bicycling Association to 
     design, build, and maintain trails at Corps of Engineers 
     projects.
       Sec. 123. Park River, Grafton, North Dakota. Section 364(5) 
     of the Water Resources Development Act of 1999 (113 Stat. 
     314) is amended--
       (1) by striking ``$18,265,000'' and inserting 
     ``$21,075,000''; and
       (2) by striking ``$9,835,000'' and inserting 
     ``$7,025,000''.
       Sec. 124. Schuylkill River Park, Philadelphia, 
     Pennsylvania. The Secretary of the Army may provide 
     technical, planning, design, and construction assistance for 
     Schuylkill River Park, Philadelphia, Pennsylvania, in 
     accordance with section 564(c) of the Water Resources 
     Development Act of 1996 (Public Law 104-303; 110 Stat. 3785), 
     as contained in the May 2000 report of the Philadelphia 
     District based on regional economic development benefits, at 
     a Federal share of 50 percent and a non-Federal share of 50 
     percent.
       Sec. 125. Gwynns Falls Watershed, Baltimore, Maryland. The 
     Secretary of the Army may implement the project for ecosystem 
     restoration, Gwynns Falls, Maryland, in accordance with the 
     Baltimore Metropolitan Water Resources-Gwynns Falls Watershed 
     Feasibility Report prepared by the Corps of Engineers and the 
     city of Baltimore, Maryland.
       Sec. 126. Snake River Confluence Interpretative Center, 
     Clarkston, Washington. (a) In General.--The Secretary of the 
     Army, acting through the Chief of Engineers (referred to in 
     this section as the ``Secretary'') is authorized and may 
     carry out a project to plan, design, construct, furnish, and 
     landscape a federally owned and operated Collocated Civil 
     Works Administrative Building and Snake River Confluence 
     Interpretative Center, as described in the Snake River 
     Confluence Center Project Management Plan.
       (b) Location.--The project--
       (1) shall be located on Federal property at the confluence 
     of the Snake River and the Clearwater River, near Clarkston, 
     Washington; and
       (2) shall be considered to be a capital improvement of the 
     Clarkston office of the Lower Granite Project.
       (c) Existing Structures.--In carrying out the project, the 
     Secretary may demolish or relocate existing structures.
       (d) Cost Sharing.--
       (1) Total cost.--The total cost of the project shall not 
     exceed $3,500,000 (excluding interpretative displays).
       (2) Federal share.--The Federal share of the cost of the 
     project shall be $3,000,000.
       (3) Non-federal share.--
       (A) In general.--The non-Federal share of the cost of the 
     project--
       (i) shall be $500,000; and
       (ii) may be provided--

       (I) in cash; or
       (II) in kind, with credit accorded to the non-Federal 
     sponsor for provision of all necessary services, replacement 
     facilities, replacement land (not to exceed 4 acres), 
     easements, and rights-of-way acceptable to the Secretary and 
     the non-Federal sponsor.

       (B) Interpretive exhibits.--In addition to the non-Federal 
     share described in subparagraph (A), the non-Federal sponsor 
     shall fund, operate, and maintain all interpretative exhibits 
     under the project.
       Sec. 127. Flood Damage Reduction, Mill Creek, Cincinnati, 
     Ohio. Not later than 1 year after the date of enactment of 
     this Act, the Secretary of the Army, acting through the Chief 
     of Engineers, shall complete the general reevaluation report 
     for the project for flood damage reduction, Mill Creek, 
     Cincinnati, Ohio.
       Sec.  128. Of the funds made available under Construction, 
     General, $1,500,000 may be made available for work to be 
     carried out under section 560 of the Water Resources 
     Development Act of 1999 (Public Law 106-53).

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

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

                         Bureau of Reclamation

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


                      water and related resources

                     (including transfer of funds)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance, and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, Indian tribes, and others, 
     $859,517,000, to remain available until expended, of which 
     $56,330,000 shall be available for transfer to the Upper 
     Colorado River Basin Fund and $33,570,000 shall be available 
     for transfer to the Lower Colorado River Basin Development 
     Fund; of which such amounts as may be necessary may be 
     advanced to the Colorado River Dam Fund; and of which not 
     more than $500,000 is for high priority projects which shall 
     be carried out by the Youth Conservation Corps, as authorized 
     by 16 U.S.C. 1706: Provided, That such transfers may be 
     increased or decreased within the overall appropriation under 
     this heading: Provided further, That of the total 
     appropriated, the amount for program activities that can be 
     financed by the Reclamation Fund or the Bureau of Reclamation 
     special fee account established by 16 U.S.C. 460l-6a(i) shall 
     be derived from that Fund or account: Provided further, That 
     funds contributed under 43 U.S.C. 395 are available until 
     expended for the purposes for which contributed: Provided 
     further, That funds advanced under 43 U.S.C. 397a shall be 
     credited to this account and are available until expended for 
     the same purposes as the sums appropriated under this 
     heading: Provided further, That funds available for 
     expenditure for the Departmental Irrigation Drainage Program 
     may be expended by the Bureau of Reclamation for site 
     remediation on a non-reimbursable basis: Provided further, 
     That section 301 of Public Law 102-250, Reclamation States 
     Emergency Drought Relief Act of 1991, as amended, is amended 
     further by inserting ``2003, and 2004'' in lieu of ``and 
     2003'': Provided further, That of the funds provided under 
     this heading, an additional $5,000,000 may be available for 
     the Mni Wiconi project, South Dakota.


               BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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


                central valley project restoration fund

       For carrying out the programs, projects, plans, and habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, $39,600,000, to be 
     derived from such sums as may be collected in the Central 
     Valley Project Restoration Fund pursuant to sections 3407(d), 
     3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to 
     remain available until expended: Provided, That the Bureau of 
     Reclamation is directed to assess and collect the full amount 
     of the additional mitigation and restoration payments 
     authorized by section 3407(d) of Public Law 102-575.

[[Page 22531]]




                       policy and administration

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


                          Working Capital Fund

                              (Rescission)

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


                        administrative provision

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

                           General Provisions


                       DEPARTMENT OF THE INTERIOR

       Sec. 201. In order to increase opportunities for Indian 
     tribes to develop, manage, and protect their water resources, 
     in fiscal year 2003 and thereafter, the Secretary of the 
     Interior, acting through the Commissioner of the Bureau of 
     Reclamation, is authorized to enter into grants and 
     cooperative agreements with any Indian tribe, institution of 
     higher education, national Indian organization, or tribal 
     organization pursuant to 31 U.S.C. 6301-6308. Nothing in this 
     Act is intended to modify or limit the provisions of the 
     Indian Self Determination Act (25 U.S.C. 45 et seq.).
       Sec. 202. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program--Alternative 
     Repayment Plan'' and the ``SJVDP--Alternative Repayment 
     Plan'' described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     reclamation law.
       Sec. 203. None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to pay the 
     salaries and expenses of personnel to purchase or lease water 
     in the Middle Rio Grande or the Carlsbad Projects in New 
     Mexico unless said purchase or lease is in compliance with 
     the purchase requirements of section 202 of Public Law 106-
     60.
       Sec. 204. Funds under this title for Drought Emergency 
     Assistance shall be made available primarily for leasing of 
     water for specified drought related purposes from willing 
     lessors, in compliance with existing State laws and 
     administered under State water priority allocation. Such 
     leases may be entered into with an option to purchase: 
     Provided, That such purchase is approved by the State in 
     which the purchase takes place and the purchase does not 
     cause economic harm within the State in which the purchase is 
     made.
       Sec. 205. (a) Notwithstanding any other provision of law, 
     the Secretary of the Interior, acting through the 
     Commissioner of the Bureau of Reclamation, may not obligate 
     funds appropriated for the current fiscal year or any prior 
     Energy and Water Development Appropriations Act, or funds 
     otherwise made available to the Commissioner of the Bureau of 
     Reclamation, and may not use discretion, if any, to reduce or 
     reallocate water to be delivered pursuant to San Juan-Chama 
     Project contracts, including execution of said contracts 
     facilitated by the Middle Rio Grande Project, to meet the 
     requirements of the Endangered Species Act, unless such water 
     is acquired or otherwise made available from a willing seller 
     or lessor and the use is in compliance with the laws of the 
     State of New Mexico, including but not limited to, permitting 
     requirements.
       (b) Complying with the reasonable and prudent alternatives 
     and the incidental take limits defined in the Biological 
     Opinion released by the United States Fish and Wildlife 
     Service dated March 17, 2003 combined with efforts carried 
     out pursuant to Public Law 106-377, Public Law 107-66, and 
     Public Law 108-7 fully meet all requirements of the 
     Endangered Species Act (16 U.S.C. 1531 et seq.) for the 
     conservation of the Rio Grande Silvery Minnow (Hybognathus 
     amarus) and the Southwestern Willow Flycatcher (Empidonax 
     trailii extimus) on the Middle Rio Grande in New Mexico.
       Sec. 206. Endangered Species Collaborative Program. (a) 
     Using funds previously appropriated, the Secretary of the 
     Interior, acting through the Commissioner of the Bureau of 
     Reclamation and the Director of the Fish and Wildlife 
     Service, for purposes of improving the efficiency and 
     expediting the efforts of the Endangered Species Act 
     Collaborative Program Workgroup, is directed to establish an 
     executive committee of seven members consisting of--
       (1) one member from the Bureau of Reclamation;
       (2) one member from the Fish and Wildlife Service; and
       (3) one member at large representing each of the following 
     six entities (selected at the discretion of the entity in 
     consultation with the Bureau of Reclamation and the Fish and 
     Wildlife Service) currently participating as signatories to 
     the existing Memorandum of Understanding:
       (A) other Federal agencies;
       (B) State agencies;
       (C) municipalities;
       (D) universities and environmental groups; and
       (E) business and industrial interests.
       (b) Formation of this committee shall occur not later than 
     45 days after enactment of this Act.
       (c) Fiscal year 2004 appropriations shall not be obligated 
     or expended prior to approval by the Committee of a detailed 
     spending plan.
       Sec. 207. Tularosa Basin National Desalination Research 
     Facility. (a) Desalination Demonstration and Development.--
     Pursuant to section 4(a) of Public Law 104-298, 110 Stat. 
     3622 (October 11, 1996), the Secretary may hereafter conduct 
     or contract for the design, construction, testing and 
     operation of the Tularosa Basin National Desalination 
     Research Facility.
       (b) The Tularosa Basin National Desalination Research 
     Facility is hereafter exempt from all provisions of section 7 
     of Public Law 104-298, 110 Stat. 3622 (October 11, 1996). The 
     Federal share of the cost of the Tularosa Basin National 
     Desalination Research Facility may be up to 100 percent, 
     including the cost of design, construction, operation, 
     maintenance, repair and rehabilitation.
       Sec. 208. The Secretary of the Interior, in carrying out 
     CALFED-related activities, may undertake feasibility studies 
     for Sites Reservoir, Los Vaqueros Reservoir Enlargement, and 
     Upper San Joaquin Storage projects, hereafter. These storage 
     studies should be pursued along with ongoing environmental 
     and other projects in a balanced manner.
       Sec. 209. The Secretary of the Interior, acting through the 
     Commissioner of the Bureau of Reclamation, is authorized to 
     enter into grants, cooperative agreements, and other 
     agreements with irrigation or water districts to fund up to 
     50 percent of the cost of planning, designing, and 
     constructing improvements that will conserve water, increase 
     water use efficiency, or enhance water management through 
     measurement or automation, at existing water supply projects 
     within the states identified in the Act of June 17, 1902, as 
     amended, and supplemented: Provided, That when such 
     improvements are to Federally owned facilities, such funds 
     may be provided in advance on a non-reimbursable basis to an 
     entity operating affected transferred works or may be deemed 
     non-reimbursable for non-transferred works: Provided further, 
     That the calculation of the non-Federal contribution shall 
     provide for consideration of the value of any in-kind 
     contributions, but shall not include funds received from 
     other Federal agencies: Provided further, That the cost of 
     operating and maintaining such improvements shall be the 
     responsibility of the non-Federal entity: Provided further, 
     That this section shall not supercede any existing project-
     specific funding authority. The Secretary is also authorized 
     to enter into grants or cooperative agreements with 
     universities or non-profit research institutions to fund 
     water use efficiency research.
       Sec. 210. Hawaii Water Resources Study. The Hawaii Water 
     Resources Act of 2000 (Public Law 106-566, 114 Stat. 2818) is 
     amended--
       (1) in section 103--
       (A) in subsection (b)(1), by striking ``Not'' and all that 
     follows through ``the Secretary'' and inserting ``The 
     Secretary'' and
       (B) in subsection (e), by striking ``$300,000'' and all 
     that follows and inserting ``$2,000,000 for the Federal share 
     of the activities authorized under this section''; and
       (2) in section 104(b), by striking ``cost-effective,'' and 
     all that follows and inserting ``cost-effective.''.
       Sec. 211. Notwithstanding the provisions of Title IV of 
     Public Law 102-575 (106 STAT. 4648), the contributions of the 
     Western Area Power Administration to the Utah Reclamation 
     Mitigation and Conservation Account shall expire ten fiscal 
     years from the date of enactment of this Act. Such 
     contributions shall be from an account established by the 
     Western Area Power Administration for this purpose and such 
     contributions shall be made available to the Utah Reclamation 
     Mitigation and Conservation Account subject to 
     appropriations. After ten fiscal

[[Page 22532]]

     years from the date of enactment of this Act, the Utah 
     Reclamation Mitigation and Conservation Commission is hereby 
     authorized to utilize interest earned and accrued to the Utah 
     Reclamation Mitigation and Conservation Account.
       Sec.  212. That of the funds provided, an additional 
     $3,000,000 shall be available for the Middle Rio Grande, New 
     Mexico project and an additional $3,000,000 shall be 
     available for the Lake Tahoe Regional Wetlands Development 
     project.
       Sec.  213. Lower Colorado River Basin Development. (a) In 
     General.--Notwithstanding section 403(f) of the Colorado 
     River Basin Project Act (43 U.S.C. 1543(f)), no amount from 
     the Lower Colorado River Basin Development Fund shall be paid 
     to the general fund of the Treasury until each provision of 
     the revised Stipulation Regarding a Stay and for Ultimate 
     Judgment Upon the Satisfaction of Conditions, filed in United 
     States district court on April 24, 2003, in Central Arizona 
     Water Conservation District v. United States (No. CIV 95-625-
     TUC-WDB (EHC), No. CIV 95-1720-OHX-EHC (Consolidated 
     Action)), and any amendment or revision thereof, is met.
       (b) Payment to General Fund.--If any of the provisions of 
     the stipulation referred to in subsection (a) are not met by 
     the date that is 10 years after the date of enactment of this 
     Act, payments to the general fund of the Treasury shall 
     resume in accordance with section 403(f) of the Colorado 
     River Basin Project Act (43 U.S.C. 1543(f)).
       (c) Authorization.--Amounts in the Lower Colorado River 
     Basin Development Fund that but for this section would be 
     returned to the general fund of the Treasury may not be 
     expended until further Act of Congress.
       Sec.  214. Tualatin River Basin, Oregon. (a) Authorization 
     To Conduct Feasibility Study.--The Secretary of the Interior 
     may conduct a Tualatin River Basin water supply feasibility 
     study--
       (1) to identify ways to meet future water supply needs for 
     agricultural, municipal, and industrial uses;
       (2) to identify water conservation and water storage 
     measures;
       (3) to identify measures that would--
       (A) improve water quality; and
       (B) enable environmental and species protection; and
       (4) as appropriate, to evaluate integrated water resource 
     management and supply needs in the Tualatin River Basin, 
     Oregon.
       (b) Federal Share.--The Federal share of the cost of the 
     study conducted under subsection (a)--
       (1) shall not exceed 50 percent; and
       (2) shall be nonreimbursable and nonreturnable.
       (c) Activities.--No activity carried out under this section 
     shall be considered a supplemental or additional benefit 
     under Federal reclamation law (the Act of June 17, 1902 (32 
     Stat. 388, chapter 1093), and Acts supplemental to and 
     amendatory of that Act (43 U.S.C. 371 et seq.)).
       (d) Funding.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $2,900,000, to 
     remain available until expended.
       Sec.  215. Facilitation of Indian Water Rights. The 
     Secretary of the Interior may extend, on an annual basis, the 
     repayment schedule of debt incurred under section 9(d) of the 
     Act of August 4, 1939 (43 U.S.C. 485h(d)) to facilitate 
     Indian water rights settlements in the State of Arizona.
       Sec.  216. Restoration of Fish and Wildlife Habitat and 
     Provision of Bottled Water for Fallon Schoolchildren. (a) In 
     General.--In carrying out section 2507 of Public Law 101-171, 
     the Secretary of the Interior, acting through the 
     Commissioner of Reclamation, shall--
       (1) notwithstanding section 2507(b) of Public Law 101-171, 
     provide $2,500,000 to the State of Nevada to purchase water 
     rights from willing sellers and make necessary improvements 
     for Carson Lake and Pasture;
       (2) provide $100,000 to Families in Search of Truth, 
     Fallon, Nevada, for the purchase of bottled water for 
     schoolchildren in Fallon-area schools.
       (b) Limitation.--The funds specified to be provided in 
     subsection (a)(1) shall only be provided by the Bureau of 
     Reclamation when the title to Carson Lake and Pasture is 
     conveyed to the State of Nevada; the waiver of section 
     2507(b) of Public Law 101-171 shall only apply to water 
     purchases for Carson Lake and Pasture.
       (c) Administration.--The Secretary of the Interior, acting 
     through the Commissioner of Reclamation, may provide 
     financial assistance to State and local public agencies, 
     Indian tribes, nonprofit organizations, and individuals to 
     carry out this section and section 2507 of Public Law 101-
     171.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for energy supply activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, and the purchase of not to exceed 12 passenger 
     motor vehicles for replacement only, including two buses; 
     $920,357,000, to remain available until expended, of which 
     $400,000 may be made available to the Office of International 
     Market Development to carry out a program to implement, and 
     serve as an administrative center in support of, the multi-
     agency Clean Energy Technology Exports Initiative, of which 
     $3,000,000 may be available for the Navajo electrification 
     demonstration program under section 602 of Public Law 106-511 
     (114 Stat. 2376): Provided, That of the funds made available 
     for the Office of Electricity and Energy Assurance, the 
     Office may provide grants to States and regional 
     organizations to work with system operators, including 
     regional transmission organizations and independent system 
     operators, on transmission system planning. The Office may 
     require that grantees consider a full range of technology and 
     policy options for transmission system planning, including 
     energy efficiency at customer facilities and in transmission 
     equipment, customer demand response, distributed generation 
     and advanced communications and controls: Provided further, 
     That of the funds made available for the Office of 
     Electricity and Energy Assurance, the Office may develop 
     regional training and technical assistance programs for State 
     regulators and system operators to improve operation of the 
     electricity grid.

                Non-Defense Site Acceleration Completion

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     management site acceleration activities in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the acquisition or 
     condemnation of any real property or any facility or for 
     plant or facility acquisition, construction, or expansion, 
     $171,875,000, to remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions, and other activities of title II of the Atomic 
     Energy Act of 1954 and title X, subtitle A, of the Energy 
     Policy Act of 1992, $396,124,000, to be derived from the 
     Fund, to remain available until expended, of which 
     $26,000,000 shall be available in accordance with title X, 
     subtitle A, of the Energy Policy Act of 1992.

                   Non-Defense Environmental Services

       For Department of Energy expenses necessary for non-defense 
     environmental services activities conducted as a result of 
     nuclear energy research and development activities that 
     indirectly support the accelerated cleanup and closure 
     mission at environmental management sites, as well as new 
     work scope transferred to the Environmental Management 
     program, including the purchase, construction, and 
     acquisition of plant and capital equipment and other 
     necessary expenses, $302,121,000, to remain available until 
     expended.

                                Science

       For Department of Energy expenses including the purchase, 
     construction and acquisition of plant and capital equipment, 
     and other expenses necessary for science activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or facility 
     or for plant or facility acquisition, construction, or 
     expansion, and purchase of not to exceed 15 passenger motor 
     vehicles for replacement only, including not to exceed one 
     ambulance, $3,360,435,000, to remain available until 
     expended, of which $3,000,000 may be available for a defense 
     and security research center.

                         Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $140,000,000, to remain available until expended 
     and to be derived from the Nuclear Waste Fund: Provided, That 
     not to exceed $2,500,000 shall be provided to the State of 
     Nevada solely for expenditures, other than salaries and 
     expenses of State employees, to conduct scientific oversight 
     responsibilities and participate in licensing activities 
     pursuant to the Nuclear Waste Policy Act of 1982, Public Law 
     97-425, as amended: Provided further, That $7,000,000 shall 
     be provided to affected units of local governments, as 
     defined in Public Law 97-425, to conduct appropriate 
     activities pursuant to the Act: Provided further, That the 
     distribution of the funds as determined by the units of local 
     government shall be approved by the Department of Energy: 
     Provided further, That the funds for the State of Nevada 
     shall be made available solely to the Nevada Division of 
     Emergency Management by direct payment and units of local 
     government by direct payment: Provided further, That within 
     90 days of the completion of each Federal fiscal year, the 
     Nevada Division of Emergency Management and the Governor of 
     the State of Nevada and each local entity shall provide 
     certification to the Department of Energy that all funds 
     expended from such payments have been expended for activities 
     authorized by Public Law 97-425 and this Act. Failure to 
     provide such certification shall cause such entity to be 
     prohibited from any further funding provided for similar 
     activities: Provided further, That none of the funds herein 
     appropriated may be: (1) used directly or indirectly to 
     influence legislative action on any matter pending before 
     Congress or a State legislature or for lobbying activity as 
     provided in 18 U.S.C. 1913; (2) used for

[[Page 22533]]

     litigation expenses; or (3) used to support multi-State 
     efforts or other coalition building activities inconsistent 
     with the restrictions contained in this Act: Provided 
     further, That all proceeds and recoveries realized by the 
     Secretary in carrying out activities authorized by the 
     Nuclear Waste Policy Act of 1982, Public Law 97-425, as 
     amended, including but not limited to, any proceeds from the 
     sale of assets, shall be available without further 
     appropriation and shall remain available until expended.

                      DEPARTMENTAL ADMINISTRATION

                      Departmental Administration


                     (including transfer of funds)

       For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     (not to exceed $35,000), $309,564,000, to remain available 
     until expended, plus such additional amounts as necessary to 
     cover increases in the estimated amount of cost of work for 
     others notwithstanding the provisions of the Anti-Deficiency 
     Act (31 U.S.C. 1511 et seq.): Provided, That such increases 
     in cost of work are offset by revenue increases of the same 
     or greater amount, to remain available until expended: 
     Provided further, That moneys received by the Department for 
     miscellaneous revenues estimated to total $146,668,000 in 
     fiscal year 2004 may be retained and used for operating 
     expenses within this account, and may remain available until 
     expended, as authorized by section 201 of Public Law 95-238, 
     notwithstanding the provisions of 31 U.S.C. 3302: Provided 
     further, That the sum herein appropriated shall be reduced by 
     the amount of miscellaneous revenues received during fiscal 
     year 2004, and any related unappropriated receipt account 
     balances remaining from prior years' miscellaneous revenues, 
     so as to result in a final fiscal year 2004 appropriation 
     from the General Fund estimated at not more than 
     $162,896,000: Provided further, That of this amount, 
     sufficient funds shall be available for the Secretary of 
     Energy, not later than 60 days after the last day of the 
     fiscal year, to submit to Congress a report on the amount of 
     acquisitions made by the Department of Energy during such 
     fiscal year of articles, materials, or supplies that were 
     manufactured outside the United States. Such report shall 
     separately indicate the dollar value of any articles, 
     materials, or supplies purchased by the Department of Energy 
     that were manufactured outside the United States, an itemized 
     list of all waivers under the Buy American Act (41 U.S.C. 10a 
     et seq.) that were granted with respect to such articles, 
     materials, or supplies, and a summary of total procurement 
     funds spent on goods manufactured in the United States versus 
     funds spent on goods manufactured outside of the United 
     States. The Secretary of Energy shall make the report 
     publicly available by posting the report on an Internet 
     website.

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion; one fixed wing 
     aircraft for replacement only; and the purchase of not to 
     exceed six passenger motor vehicles, of which four shall be 
     for replacement only, including not to exceed two buses; 
     $6,473,814,000, to remain available until expended: Provided, 
     That the Secretary of Energy may use $1,000,000 of available 
     funds to preserve historical sites associated with, and other 
     aspects of the history of, the Manhattan Project: Provided 
     further, That $105,000,000 is authorized to be appropriated 
     for Project 01-D-108, Microsystems and engineering sciences 
     applications (MESA), Sandia National Laboratories, 
     Albuquerque, New Mexico: Provided further, That $3,564,000 is 
     authorized to be appropriated for Project 04-D-103, Project 
     engineering and design (PED), various locations: Provided 
     further, That a plant or construction project for which 
     amounts are made available under this heading in this fiscal 
     year with a current estimated cost of less than $10,000,000 
     is considered for purposes of section 3622 of Public Law 107-
     314 as a plant project for which the approved total estimated 
     cost does not exceed the minor construction threshold and for 
     purposes of section 3623 of Public Law 107-314 as a 
     construction project with a current estimated cost of less 
     than the minor construction threshold.

                    Defense Nuclear Nonproliferation

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense, defense nuclear nonproliferation activities, in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, $1,340,195,000, to remain available until 
     expended.

                             Naval Reactors

       For Department of Energy expenses necessary for naval 
     reactors activities to carry out the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition (by purchase, condemnation, construction, or 
     otherwise) of real property, plant, and capital equipment, 
     facilities, and facility expansion, and the purchase of not 
     to exceed one bus; $768,400,000, to remain available until 
     expended.

                      Office of the Administrator

       For necessary expenses of the Office of the Administrator 
     in the National Nuclear Security Administration, including 
     official reception and representation expenses (not to exceed 
     $12,000), $337,980,000, to remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                  Defense Site Acceleration Completion

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense site 
     acceleration completion activities in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the acquisition or 
     condemnation of any real property or any facility or for 
     plant or facility acquisition, construction, or expansion; 
     $5,770,695,000, to remain available until expended: Provided, 
     That the Secretary of Energy is directed to use $1,000,000 of 
     the funds provided for regulatory and technical assistance to 
     the State of New Mexico, to amend the existing WIPP Hazardous 
     Waste Permit to comply with the provisions of section 310 of 
     this Act.

                     Defense Environmental Services

       For Department of Energy expenses necessary for defense-
     related environmental services activities that indirectly 
     support the accelerated cleanup and closure mission at 
     environmental management sites, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other necessary expenses, and the purchase of not to 
     exceed one ambulance for replacement only, $987,679,000, to 
     remain available until expended.

                        Other Defense Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense, other 
     defense activities, in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $492,209,000, to 
     remain available until expended: Provided, That from the 
     funds made available under this heading for transfer to the 
     National Institute for Occupational Safety and Health for 
     epidemiological research, $7,500,000 shall be transferred to 
     include projects to conduct epidemiological research and 
     carry out other activities to establish the scientific link 
     between radiation exposure and the occurrence of chronic 
     lymphocytic leukemia.

                     Defense Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $285,000,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

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

      Operation and Maintenance, Southeastern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, including transmission wheeling and ancillary 
     services, pursuant to the provisions of section 5 of the 
     Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southeastern power area, $5,100,000, to remain available 
     until expended; in addition, notwithstanding the provision of 
     31 U.S.C. 3302, up to $34,400,000 collected by the 
     Southeastern Power Administration pursuant to the Flood 
     Control Act to recover purchase power and wheeling expenses 
     shall be credited to this account as offsetting collections, 
     to remain available until expended for the sole purpose of 
     making purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, for construction and acquisition of transmission 
     lines, substations and appurtenant facilities, and for 
     administrative expenses, including official reception and 
     representation expenses in an amount not to exceed $1,500 in 
     carrying out the provisions of section 5 of the Flood Control 
     Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
     power area, $28,600,000, to remain available until expended; 
     in addition, notwithstanding 31 U.S.C. 3302, beginning in 
     fiscal year 2004 and thereafter, such funds as are received 
     by the Southwestern Power Administration from any State, 
     municipality, corporation, association, firm, district, or 
     individual as advance payment for work that is associated 
     with

[[Page 22534]]

     Southwestern's transmission facilities, consistent with that 
     authorized in section 5 of the Flood Control Act, shall be 
     credited to this account and be available until expended: 
     Provided, That notwithstanding the provision of 31 U.S.C. 
     3302, up to $2,800,000 collected by the Southwestern Power 
     Administration pursuant to the Flood Control Act to recover 
     purchase power and wheeling expenses shall be credited to 
     this account as offsetting collections, to remain available 
     until expended for the sole purpose of making purchase power 
     and wheeling expenditures.

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

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7152), and other related activities including conservation 
     and renewable resources programs as authorized, including 
     official reception and representation expenses in an amount 
     not to exceed $1,500, $177,950,000, to remain available until 
     expended, of which $167,236,000 shall be derived from the 
     Department of the Interior Reclamation Fund: Provided, That 
     of the amount herein appropriated, $6,200,000 is for deposit 
     into the Utah Reclamation Mitigation and Conservation Account 
     pursuant to title IV of the Reclamation Projects 
     Authorization and Adjustment Act of 1992: Provided further, 
     That notwithstanding the provision of 31 U.S.C. 3302, up to 
     $186,100,000 collected by the Western Area Power 
     Administration pursuant to the Flood Control Act of 1944 and 
     the Reclamation Project Act of 1939 to recover purchase power 
     and wheeling expenses shall be credited to this account as 
     offsetting collections, to remain available until expended 
     for the sole purpose of making purchase power and wheeling 
     expenditures: Provided further, That the $750,000 that is 
     made available under this heading for a transmission study on 
     the placement of 500 megawatt wind energy in North Dakota and 
     South Dakota may be nonreimbursable: Provided further, That, 
     in accordance with section 203 of the Colorado River Basin 
     Salinity Control Act (43 U.S.C. 1593), electrical power 
     supply and delivery assistance may be provided to the local 
     distribution utility as required to maintain proper voltage 
     levels at the Big Sandy River Diffuse Source Control Unit.

           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $2,640,000, to remain available until expended, and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 423 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission


                         salaries and expenses

       For necessary expenses of the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101 et seq.), including 
     services as authorized by 5 U.S.C. 3109, the hire of 
     passenger motor vehicles, and official reception and 
     representation expenses (not to exceed $3,000), $199,400,000, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $199,400,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 2004 shall be 
     retained and used for necessary expenses in this account, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated from the General Fund shall be 
     reduced as revenues are received during fiscal year 2004 so 
     as to result in a final fiscal year 2004 appropriation from 
     the General Fund estimated at not more than $0.

             Defense Environmental Management Privatization


                              (RESCISSION)

       Of the funds appropriated in prior Energy and Water 
     Development Appropriation Acts, $15,329,000 of unexpended 
     balances of prior appropriations are rescinded: Provided, 
     That $13,329,000 shall be derived from the Paducah Disposal 
     Facility Privatization (OR-574) and $2,000,000 shall be 
     derived from the Portsmouth Disposal Facility Privatization 
     (OR-674).

                           GENERAL PROVISIONS

       Sec. 301. (a) None of the funds appropriated by this Act 
     may be used to award a management and operating contract, or 
     a contract for environmental remediation or waste management 
     in excess of $100,000,000 in annual funding at a current or 
     former management and operating contract site or facility, or 
     award a significant extension or expansion to an existing 
     management and operating contract, or other contract covered 
     by this section, unless such contract is awarded using 
     competitive procedures or the Secretary of Energy grants, on 
     a case-by-case basis, a waiver to allow for such a deviation. 
     The Secretary may not delegate the authority to grant such a 
     waiver.
       (b) Within 30 days of formally notifying an incumbent 
     contractor that the Secretary intends to grant such a waiver, 
     the Secretary shall submit to the Subcommittees on Energy and 
     Water Development of the Committees on Appropriations of the 
     House of Representatives and the Senate a report notifying 
     the Subcommittees of the waiver and setting forth, in 
     specificity, the substantive reasons why the Secretary 
     believes the requirement for competition should be waived for 
     this particular award.
       Sec. 302. None of the funds appropriated by this Act may be 
     used to--
       (1) develop or implement a workforce restructuring plan 
     that covers employees of the Department of Energy; or
       (2) provide enhanced severance payments or other benefits 
     for employees of the Department of Energy,
     under section 3161 of the National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 7274h).
       Sec. 303. None of the funds appropriated by this Act may be 
     used to augment the $12,321,000 made available for obligation 
     by this Act for severance payments and other benefits and 
     community assistance grants under section 3161 of the 
     National Defense Authorization Act for Fiscal Year 1993 
     (Public Law 102-484; 42 U.S.C. 7274h) unless the Department 
     of Energy submits a reprogramming request subject to approval 
     by the appropriate congressional committees.
       Sec. 304. None of the funds appropriated by this Act may be 
     used to prepare or initiate Requests For Proposals (RFPs) for 
     a program if the program has not been funded by Congress.


                   (transfers of unexpended balances)

       Sec. 305. The unexpended balances of prior appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     pursuant to this title. Balances so transferred may be merged 
     with funds in the applicable established accounts and 
     thereafter may be accounted for as one fund for the same time 
     period as originally enacted.
       Sec. 306. None of the funds in this or any other Act for 
     the Administrator of the Bonneville Power Administration may 
     be used to enter into any agreement to perform energy 
     efficiency services outside the legally defined Bonneville 
     service territory, with the exception of services provided 
     internationally, including services provided on a 
     reimbursable basis, unless the Administrator certifies in 
     advance that such services are not available from private 
     sector businesses.
       Sec. 307. The Administrator of the National Nuclear 
     Security Administration may authorize the plant manager of a 
     covered nuclear weapons production plant to engage in 
     research, development, and demonstration activities with 
     respect to the engineering and manufacturing capabilities at 
     such plant in order to maintain and enhance such capabilities 
     at such plant: Provided, That of the amount allocated to a 
     covered nuclear weapons production plant each fiscal year 
     from amounts available to the Department of Energy for such 
     fiscal year for national security programs, not more than an 
     amount equal to 2 percent of such amount may be used for 
     these activities: Provided further, That for purposes of this 
     section, the term ``covered nuclear weapons production 
     plant'' means the following:
       (1) the Kansas City Plant, Kansas City, Missouri;
       (2) the Y-12 Plant, Oak Ridge, Tennessee;
       (3) the Pantex Plant, Amarillo, Texas;
       (4) the Savannah River Plant, South Carolina; and
       (5) the Nevada Test Site.
       Sec. 308. Funds appropriated by this or any other Act, or 
     made available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2004 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2004.
       Sec. 309. None of the funds in this Act may be used to 
     dispose of transuranic waste in the Waste Isolation Pilot 
     Plant which contains concentrations of plutonium in excess of 
     20 percent by weight for the aggregate of any material 
     category on the date of enactment of this Act, or is 
     generated after such date. For the purposes of this section, 
     the material categories of transuranic waste at the Rocky 
     Flats Environmental Technology Site include: (1) ash 
     residues; (2) salt residues; (3) wet residues; (4) direct 
     repackage residues; and (5) scrub alloy as referenced in the 
     ``Final Environmental Impact Statement on Management of 
     Certain Plutonium Residues and Scrub Alloy Stored at the 
     Rocky Flats Environmental Technology Site''.
       Sec. 310. (a) The Secretary of Energy is directed to file a 
     permit modification to the Waste Analysis Plan (WAP) and 
     associated provisions contained in the Hazardous Waste 
     Facility Permit for the Waste Isolation Pilot Plant (WIPP). 
     For purposes of determining compliance of the modifications 
     to the WAP with the hazardous waste analysis requirements of 
     the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), or 
     other applicable laws waste confirmation for all waste 
     received for storage and disposal shall be limited to (1) 
     confirmation that the waste contains no ignitable, corrosive, 
     or reactive waste through the use of either radiography or 
     visual examination of a statistically representative 
     subpopulation of the waste; and (2) review of the Waste 
     Stream Profile Form to verify that the waste contains no 
     ignitable, corrosive, or reactive waste and that assigned 
     Environmental Protection Agency hazardous waste numbers are 
     allowed for storage and disposal by the WIPP Hazardous Waste 
     Facility Permit.
       (b) Compliance with the disposal room performance standards 
     of the WAP shall be demonstrated exclusively by monitoring 
     airborne volatile organic compounds in underground disposal 
     rooms in which waste has been emplaced until panel closure.
       Sec. 311. Notwithstanding any other provision of law, the 
     material in the concrete silos at the Fernald uranium 
     processing facility currently managed by the Department of 
     Energy shall be considered ``byproduct material'' as defined 
     by

[[Page 22535]]

     section 11e.(2) of the Atomic Energy Act of 1954, as amended 
     (42 U.S.C. 2014(e)(2)). The Nuclear Regulatory Commission or 
     an Agreement State, as appropriate, shall regulate the 
     material as ``11e.(2) by-product material'' in the event that 
     the Department of Energy proposes to dispose of the material 
     in an NRC-regulated or Agreement State-regulated facility.
       Sec. 312. Corps of Engineers Hydropower Operation and 
     Maintenance Funding. (a) Notwithstanding 31 U.S.C. 3302 and 
     the last sentence of section 5 of the Flood Control Act of 
     1944 (16 U.S.C. 825s) and subject to (d), the Secretary of 
     Energy shall collect fees, as offsetting collections, in the 
     amount of $145,000,000, pursuant to those acts which 
     authorize Southeastern Power Administration, Southwestern 
     Power Administration, and Western Power Administration to 
     collect revenues for power provided. The Secretary of Energy 
     shall make the collection available to the Secretary of the 
     Army hereafter referred to as ``the Secretary''.
       (b) The Secretary shall accept funds made available 
     pursuant to subsection (a) and shall use such funds for 
     Construction, General. The funds provided under this section 
     shall remain available until expended.
       (c) Subsection (b) of this section shall be carried out in 
     consultation with preference customers under Federal law to 
     the marketing of power.
       (d) This section shall become effective only upon the 
     enactment of authorizing legislation changing the nature of 
     receipts collected by Southeastern Power Administration, 
     Southwestern Power Administration, and the Western Area Power 
     Administration by making the collection of not less than 
     $145,000,000 of such receipts in fiscal year 2004 subject to 
     approval in an annual appropriations Act.
       Sec. 313. No funds appropriated or otherwise made available 
     to the Department of Energy by this Act may be available for 
     activities at the engineering development phases, phase 3 or 
     6.3, or beyond, in support of advanced nuclear weapons 
     concepts, including the robust nuclear earth penetrator.
       Sec. 314. No funds appropriated or otherwise made available 
     under this title under the heading ``ATOMIC ENERGY DEFENSE 
     ACTIVITIES'' may be obligated or expended for additional and 
     exploratory studies under the Advanced Concepts Initiative 
     until 30 days after the date on which the Administrator for 
     Nuclear Security submits to Congress a detailed report on the 
     planned activities for additional and exploratory studies 
     under the initiative for fiscal year 2004. The report shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       Sec. 315. Martin's Cove Lease. (a) Definitions.--In this 
     section:
       (1) Bureau of Land Management.--The term ``Bureau of Land 
     Management'', hereafter referred to as the ``BLM'', means an 
     agency of the Department of the Interior.
       (2) Corporation.--The term ``Corporation'' means the 
     Corporation of the Presiding Bishop of The Church of Jesus 
     Christ of Latter-day Saints, located at 50 East North Temple 
     Street, Salt Lake City, Utah.
       (3) Martin's Cove.--The term ``Martin's Cove'' means the 
     area, consisting of approximately 940 acres of public lands 
     in Natrona County, Wyoming as depicted on the Martin's Cove 
     map numbered MC-001.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Lease.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary may enter into an 
     agreement with the Corporation to lease, for a term of 25 
     years, approximately 940 acres of Federal land depicted on 
     the Martin's Cove map MC-001. The Corporation shall retain 
     the right of ingress and egress in, from and to any part of 
     the leasehold for its use and management as an important 
     historical site.
       (2) Terms and conditions.--
       (A) Survey.--As a condition of the agreement under 
     paragraph (1), the Corporation shall provide a boundary 
     survey to the Secretary, acceptable to the Corporation and 
     the Secretary, of the parcels of land to be leased under 
     paragraph (1).
       (B) Access.--
       (i) In general.--The Secretary and the Corporation shall 
     enter into a lease covenant, binding on any successor or 
     assignee that ensures that, consistent with the historic 
     purposes of the site, public access will be provided across 
     private land owned by the Corporation to Martin's Cove and 
     Devil's Gate. Access shall--

       (I) ensure public visitation for historic, educational and 
     scenic purposes through private lands owned by the 
     Corporation to Martin's Cove and Devil's Gate;
       (II) provide for public education, ecologic and 
     preservation at the Martin's Cove site;
       (III) be provided to the public without charge; and
       (IV) permit the Corporation, in consultation with the BLM, 
     to regulate entry as may be required to protect the 
     environmental and historic values of the resource at Martin's 
     Cove or at such times as necessitated by weather conditions, 
     matters of public safety and nighttime hours.

       (C) Improvements.--The Corporation may, upon approval of 
     the BLM, improve the leasehold as may become necessary from 
     time to time in order to accommodate visitors to the 
     leasehold.
       (D) Archaeological preservation.--The Corporation shall 
     have the obligation to protect and maintain any historical or 
     archaeological artifacts discovered or otherwise identified 
     at Martin's Cove.
       (E) Visitation guidelines.--The Corporation may establish, 
     in consultation with the BLM, visitation guidelines with 
     respect to such issues as firearms, alcoholic beverages, and 
     controlled substances and conduct consistent with the 
     historic nature of the resource, and to protect public health 
     and safety.
       (F) No abridgement.--The lease shall not be subject to 
     abridgement, modification, termination, or other taking in 
     the event any surrounding area is subsequently designated as 
     a wilderness or other protected areas. The lease shall 
     contain a provision limiting the ability of the Secretary 
     from administratively placing Martin's Cove in a restricted 
     land management status such as a Wilderness Study Area.
       (G) Right of first refusal.--The Corporation shall be 
     granted a right of first refusal to lease or otherwise manage 
     Martin's Cove in the event the Secretary proposes to lease or 
     transfer control or title of the land to another party.
       (H) Fair market value lease payments.--The Corporation 
     shall make lease payments which reflect the fair market 
     rental value of the public lands to be leased, provided 
     however, such lease payments shall be offset by value of the 
     public easements granted by the Corporation to the Secretary 
     across private lands owned by the Corporation for access to 
     Martin's Cove and Devil's Gate.
       (I) Renewal.--The Secretary may offer to renew such lease 
     on terms which are mutually acceptable to the parties.
       (c) Mineral Withdrawal.--The Secretary shall retain the 
     subsurface mineral estate under the leasehold, provided that 
     the leased lands shall be withdrawn from all forms of entry, 
     appropriations, or disposal under the public land laws and 
     disposition under all laws relating to oil and gas leasing.
       (d) No Precedent Set.--This Act does not set a precedent 
     for the terms and conditions of leases between or among 
     private entities and the United States.
       (e) Valid and Existing Rights.--The Lease provided for 
     under this section shall be subject to valid existing rights 
     with respect to any lease, right-of-way, permit, or other 
     valid existing rights to which the property is subject.
       (f) Availability of Map.--The Secretary shall keep the map 
     identified in this section on file and available for public 
     inspection in the Casper District Office of the BLM in 
     Wyoming and the State Office of the BLM, Cheyenne, Wyoming.
       (g) NEPA Compliance.--The Secretary shall comply with the 
     provisions of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) in carrying out this section.
       Sec. 316. (a) Memorandum of Agreement.--Not later than 45 
     days after the date of enactment of this Act, the Secretary 
     of Energy and the Secretary of Labor shall enter into a 
     Memorandum of Agreement (referred to in this section as the 
     ``MOA'') under which the Secretary of Labor shall agree to 
     provide technical and managerial assistance pursuant to 
     subtitle D of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7385o et seq.).
       (b) Requirement.--Under the MOA entered into under 
     subsection (a), the Secretary of Labor shall, not later than 
     90 days after the date of enactment of this Act, assume 
     management and operational responsibility for the development 
     and preparation of claims filed with the Department of Energy 
     under subtitle D of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7385o et seq.), 
     consistent with the regulations under part 852 of title 10, 
     Code of Federal Regulations, including the development of 
     information necessary for the informed consideration of such 
     claims by a physicians panel (which shall include work 
     histories, medical records, and exposure assessments with 
     respect to toxic substances).
       (c) Procurement of Services.--The Secretary of Labor may 
     procure temporary services in carrying out the duties of the 
     Secretary under the MOA.
       (d) Duties of Secretary of Energy.--Under the MOA entered 
     into under subsection (a), the Secretary of Energy shall--
       (1) consistent with subtitle D of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7385o et seq.), manage physician panels and secure 
     necessary records in response to requests from the Secretary 
     of Labor; and
       (2) subject to the availability of appropriations, transfer 
     funds pursuant to requests by the Secretary of Labor.
       (e) Submission to Congress.--The MOA entered into under 
     subsection (a) shall be submitted to the appropriate 
     committees of Congress and made available to the general 
     public in both printed and electronic forms.
       Sec. 317. Reinstatement and Transfer of the Federal License 
     for Project No. 2696. (a) Definitions.--
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (2) Town.--The term ``town'' means the town of Stuyvesant, 
     New York, the holder of Federal Energy Regulatory Commission 
     Preliminary Permit No. 11787.
       (b) Reinstatement and Transfer.--Notwithstanding section 8 
     of the Federal Power Act (16 U.S.C. 801) or any other 
     provision of that Act, the Commission shall, not later than 
     30 days after the date of enactment of this Act--
       (1) reinstate the license for Project No. 2696; and

[[Page 22536]]

       (2) transfer the license to the town.
       (c) Hydroelectric Incentives.--Project No. 2696 shall be 
     entitled to the full benefit of any Federal law that--
       (1) promotes hydroelectric development; and
       (2) that is enacted within 2 years before or after the date 
     of enactment of this Act.
       (d) Co-Licensee.--Notwithstanding the issuance of a 
     preliminary permit to the town and any consideration of 
     municipal preference, the town may at any time add as a co-
     licensee to the reinstated license a private or public 
     entity.
       (e) Project Financing.--The town may receive loans under 
     sections 402 and 403 of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2702, 2703) or similar 
     programs for the reimbursement of the costs of any 
     feasibility studies and project costs incurred during the 
     period beginning on January 1, 2001 and ending on December 
     31, 2006.
       (f) Energy Credits.--Any power produced by the project 
     shall be deemed to be incremental hydropower for purposes of 
     qualifying for energy credits or similar benefits.
       Sec. 318. Report on Expenditures for the Energy Employees 
     Occupational Illness Compensation Act. Not later than 180 
     days after the date of enactment of this Act, the Secretary 
     of Energy shall submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report on 
     administrative expenditures of the Secretary for the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7384 et seq.).

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, for necessary expenses for the Federal Co-Chairman 
     and the alternate on the Appalachian Regional Commission, for 
     payment of the Federal share of the administrative expenses 
     of the Commission, including services as authorized by 5 
     U.S.C. 3109, and hire of passenger motor vehicles, 
     $71,145,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board


                         salaries and Expenses

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

                        Delta Regional Authority


                         Salaries and Expenses

       For necessary expenses of the Delta Regional Authority and 
     to carry out its activities, as authorized by the Delta 
     Regional Authority Act of 2000, as amended, notwithstanding 
     sections 382C(b)(2), 382F(d), and 382M(b) of said Act, 
     $7,000,000, to remain available until expended.

                           Denali Commission

       For expenses of the Denali Commission including the 
     purchase, construction and acquisition of plant and capital 
     equipment as necessary and other expenses, $48,500,000, to 
     remain available until expended.

                     Nuclear Regulatory Commission


                         Salaries and Expenses

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including official representation expenses (not to exceed 
     $15,000), and purchase of promotional items for use in the 
     recruitment of individuals for employment, $618,800,000, to 
     remain available until expended: Provided, That of the amount 
     appropriated herein, $33,100,000 shall be derived from the 
     Nuclear Waste Fund: Provided further, That revenues from 
     licensing fees, inspection services, and other services and 
     collections estimated at $538,844,000 in fiscal year 2004 
     shall be retained and used for necessary salaries and 
     expenses in this account, notwithstanding 31 U.S.C. 3302, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated shall be reduced by the amount of 
     revenues received during fiscal year 2004 so as to result in 
     a final fiscal year 2004 appropriation estimated at not more 
     than $79,956,000.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $7,300,000, to remain available until 
     expended: Provided, That revenues from licensing fees, 
     inspection services, and other services and collections 
     estimated at $6,716,000 in fiscal year 2004 shall be retained 
     and be available until expended, for necessary salaries and 
     expenses in this account notwithstanding 31 U.S.C. 3302: 
     Provided further, That the sum herein appropriated shall be 
     reduced by the amount of revenues received during fiscal year 
     2004 so as to result in a final fiscal year 2004 
     appropriation estimated at not more than $584,000.

                  Nuclear Waste Technical Review Board


                         Salaries and Expenses

       For necessary expenses of the Nuclear Waste Technical 
     Review Board, as authorized by Public Law 100-203, section 
     5051, $3,177,000, to be derived from the Nuclear Waste Fund, 
     and to remain available until expended.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. None of the funds appropriated by this Act may be 
     used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in 18 U.S.C. 1913.
       Sec. 502. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
        (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 503. Clarification of Indemnification To Promote 
     Economic Development. (a) Subsection (b)(2) of section 3158 
     of the National Defense Authorization Act for Fiscal Year 
     1998 (42 U.S.C. 7274q(b)(2)) is amended by adding the 
     following after subparagraph (C):
       ``(D) Any successor, assignee, transferee, lender, or 
     lessee of a person or entity described in subparagraphs (A) 
     through (C).''.
       (b) The amendment made by section 506, as amended by this 
     section, is effective as of the date of enactment of the 
     National Defense Authorization Act for Fiscal Year 1998.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 2004''.

                          ____________________