[House Report 108-357]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-357

======================================================================



 
 MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL 
         YEAR ENDING SEPTEMBER 30, 2004, AND FOR OTHER PURPOSES

                                _______
                                

                November 7, 2003.--Ordered to be printed

                                _______
                                

 Mr. Hobson, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 2754]

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

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

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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

                         GENERAL INVESTIGATIONS

    For expenses necessary for the collection and study of 
basic information pertaining to river and harbor, flood 
control, shore protection, aquatic ecosystem restoration, and 
related projects, restudy of authorized projects, miscellaneous 
investigations, and, when authorized by law, surveys and 
detailed studies and plans and specifications of projects prior 
to construction, $116,949,000, to remain available until 
expended: Provided, That for the Ohio Riverfront, Cincinnati, 
Ohio, project, the cost of planning and design undertaken by 
non-Federal interests shall be credited toward the non-Federal 
share of project design costs: Provided further, That in 
conducting the Southwest Valley Flood Damage Reduction Study, 
Albuquerque, New Mexico, the Secretary of the Army, acting 
through the Chief of Engineers, shall include an evaluation of 
flood damage reduction measures that would otherwise be 
excluded from the feasibility analysis based on policies 
regarding the frequency of flooding, the drainage areas, and 
the amount of runoff: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to 
use $250,000 for preconstruction engineering and design of 
Waikiki Beach, Oahu, Hawaii, the project to be designed and 
evaluated, as authorized: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers, is directed 
to use $100,000 for the continuation and completion of 
feasibility studies of Kihei Beach, Maui, Hawaii: Provided 
further, That any recommendations for a National Economic 
Development Plan shall be accepted notwithstanding the extent 
of recreation benefits supporting the project features, in view 
of the fact that recreation is extremely important in 
sustaining and increasing the economic well-being of the State 
of Hawaii and the nation.

                         CONSTRUCTION, GENERAL

    For the prosecution of river and harbor, flood control, 
shore protection, aquatic ecosystem restoration, and related 
projects authorized by law; and detailed studies, and plans and 
specifications, of projects (including those for development 
with participation or under consideration for participation by 
States, local governments, or private groups) authorized or 
made eligible for selection by law (but such studies shall not 
constitute a commitment of the Government to construction), 
$1,722,319,000, to remain available until expended, of which 
such sums as are necessary to cover the Federal share of 
construction costs for facilities under the Dredged Material 
Disposal Facilities program shall be derived from the Harbor 
Maintenance Trust Fund as authorized by Public Law 104-303; and 
of which such sums as are necessary pursuant to Public Law 99-
662 shall be derived from the Inland Waterways Trust Fund, for 
one-half of the costs of construction and rehabilitation of 
inland waterways projects, including rehabilitation costs for 
Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 19, 
Mississippi River, Iowa; Lock and Dam 24, Mississippi River, 
Illinois and Missouri; and Lock and Dam 3, Mississippi River, 
Minnesota: Provided, That using $9,280,000 of the funds 
appropriated herein, the Secretary of the Army, acting through 
the Chief of Engineers, is directed to continue construction of 
the Dallas Floodway Extension, Texas, project, including the 
Cadillac Heights feature, generally in accordance with the 
Chief of Engineers report dated December 7, 1999: Provided 
further, That the Secretary of the Army is directed to accept 
advance funds, pursuant to section 11 of the River and Harbor 
Act of 1925, from the non-Federal sponsor of the Los Angeles 
Harbor, California, project authorized by section 101(b)(5) of 
Public Law 106-541: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to use 
$750,000 of the funds provided herein to continue construction 
of the Hawaii Water Management Project: Provided further, That 
the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $2,500,000 of the funds 
appropriated herein to continue construction of the navigation 
project at Kaumalapau Harbor, Hawaii: Provided further, That 
the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $6,000,000 of the funds provided 
herein for the Dam Safety and Seepage/Stability Correction 
Program to continue construction of seepage control features 
and to design and construct repairs to the tainter gates at 
Waterbury Dam, Vermont: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to 
proceed with the construction of the New York and New Jersey 
Harbor project, 50-foot deepening element, upon execution of 
the Project Cooperation Agreement: Provided further, That no 
funds made available under this Act or any other Act for any 
fiscal year may be used by the Secretary of the Army to carry 
out the construction of the Port Jersey element of the New York 
and New Jersey Harbor or reimbursement to the Local Sponsor for 
the construction of the Port Jersey elementuntil commitments 
for construction of container handling facilities are obtained from the 
non-Federal sponsor for a second user along the Port Jersey element: 
Provided further, That funds appropriated in this Act for the 
preservation and restoration of the Florida Everglades shall be made 
available for expenditure unless: (1) the Secretary of the Army, not 
later than 30 days after the date of enactment of this Act, transmits 
to the State of Florida and the Committees on Appropriations of the 
House of Representatives and the Senate a report containing a finding 
and supporting materials indicating that the waters entering the A.R.M. 
Loxahatchee National Wildlife Refuge and Everglades National Park do 
not meet the water quality requirements set forth in the Consent Decree 
entered in United States v. South Florida Water Management District; 
(2) the State fails to submit a satisfactory plan to bring the waters 
into compliance with the water quality requirements within 45 days of 
the date of the report; (3) the Secretary transmits to the State and 
the Committees a follow-up report containing a finding that the State 
has not submitted such a plan; and (4) either the Committee on 
Appropriations of the House of Representatives or the Senate issues a 
written notice disapproving of further expenditure of the funds: 
Provided further, That the Secretary of the Army shall provide the 
State of Florida with notice and an opportunity to respond to any 
determination of the Secretary under the preceding proviso before the 
determination becomes final: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to use 
$17,000,000 of the funds appropriated herein to proceed with planning, 
engineering, design or construction of the Grundy, Buchanan County, and 
Dickenson County, Virginia, elements of the Levisa and Tug Forks of the 
Big Sandy River and Upper Cumberland River Project: Provided further, 
That the Secretary of the Army, acting through the Chief of Engineers, 
is directed to use $5,400,000 of the funds appropriated herein to 
proceed with the planning, engineering, design or construction of the 
Lower Mingo County, Upper Mingo County, Wayne County, McDowell County, 
West Virginia, elements of the Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River Project: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to continue the Dickenson County Detailed Project Report as 
generally defined in Plan 4 of the Huntington District Engineer's Draft 
Supplement to the section 202 General Plan for Flood Damage Reduction 
dated April 1997, including all Russell Fork tributary streams within 
the County and special considerations as may be appropriate to address 
the unique relocations and resettlement needs for the flood prone 
communities within the County: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to proceed 
with the construction of the Seward Harbor, Alaska, project, in 
accordance with the Report of the Chief of Engineers, dated June 8, 
1999, and the economic justification contained therein: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed and authorized to continue the work to replace 
and upgrade the dam and all connections to the existing system at Kake, 
Alaska: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to proceed with the 
construction of the Wrangell Harbor, Alaska, project in accordance with 
the Chief of Engineer's report dated December 23, 1999: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $33,400,000 of the funds appropriated 
herein for the Clover Fork, City of Cumberland, Town of Martin, Pike 
County (including Levisa Fork and Tug Fork Tributaries), Bell County, 
Harlan County in accordance with the Draft Detailed Project Report 
dated January 2002, Floyd County, Martin County, Johnson County, and 
Knox County, Kentucky, detailed project report, elements of the Levisa 
and Tug Forks of the Big Sandy River and Upper Cumberland River: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to use funds appropriated for the 
navigation project, Tampa Harbor, Florida, to carry out, as part of the 
project, construction of passing lanes in an area approximately 3.5 
miles long, centered on Tampa Bay Cut B, if the Secretary determines 
that such construction is technically sound, environmentally 
acceptable, and cost effective: Provided further, That using $200,000 
appropriated herein, the Secretary of the Army, acting through the 
Chief of Engineers, may develop an environmental impact statement for 
introducing non-native oyster species into the Chesapeake Bay: Provided 
further, That during preparation of the environmental impact statement, 
the Secretary may establish a scientific advisory body consisting of 
the Virginia Institute of Marine Science, the University of Maryland, 
and other appropriate research institutions to review the sufficiency 
of the environmental impact statement: Provided further, That in 
addition, the Secretary shall give consideration to the findings and 
recommendations of the National Academy of Sciences report on the 
introduction of non-native oyster species into the Chesapeake Bay in 
the preparation of the environmental impact statement: Provided 
further, That notwithstanding the cost sharing provisions of section 
510(d) of the Water Resources Development Act of 1996 (110 Stat. 3760), 
the preparation of the environmental impact statement shall be cost 
shared 50 percent Federal and 50 percent non-Federal, for an estimated 
cost of $2,000,000: Provided further, That the non-Federal sponsors may 
meet their 50 percent matching cost share through in-kind services: 
Provided further, That the Secretary determines that work performed by 
the non-Federal sponsors is reasonable, allowable, allocable, and 
integral to the development of the environmental impact statement: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to construct the Miami Harbor project, 
as recommended in the Miami Harbor Letter Report dated August 2002, as 
revised February 2003: Provided further, That using $500,000 of the 
funds appropriated herein, the Secretary of the Army, acting through 
the Chief of Engineers, is authorized and directed to plan, design, and 
initiate reconstruction of the Cape Girardeau, Missouri, project, 
originally authorized by the Flood Control Act of 1950, at an estimated 
total cost of $9,000,000, with cost sharing on the same basis as cost 
sharing for the project as originally authorized, if the Secretary 
determines that the reconstruction is technically sound and 
environmentally acceptable: Provided further, That the planned 
reconstruction shall be based on the most cost-effective engineering 
solution andshall require no further economic justification: Provided 
further, That the Secretary is directed to use $5,000,000 of the funds 
appropriated herein to undertake the restoration of Tar Creek and 
Vicinity, Oklahoma, project.

 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, 
       KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

    For expenses necessary for the flood damage reduction 
program for the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $324,222,000, to 
remain available until expended: Provided, That the Secretary 
of the Army, acting through the Chief of Engineers, using 
$12,000,000 of the funds provided herein, is directed to 
continue design and real estate activities and to initiate the 
pump supply contract for the Yazoo Basin, Yazoo Backwater 
Pumping Plant, Mississippi: Provided further, That the pump 
supply contract shall be performed by awarding continuing 
contracts in accordance with 33 U.S.C. 621: Provided further, 
That the Secretary of the Army, acting through the Chief of 
Engineers is directed, with funds previously appropriated, to 
continue construction of water withdrawal features of the Grand 
Prairie, Arkansas, project.

                   OPERATION AND MAINTENANCE, GENERAL

    For expenses necessary for the operation, maintenance, and 
care of existing river and harbor, flood and storm damage 
reduction, aquatic ecosystem restoration, and related projects; 
for providing security for infrastructure owned and operated 
by, or on behalf of, the U.S. Army Corps of Engineers, 
including administrative buildings and facilities, 
laboratories, and the Washington Aqueduct; for the maintenance 
of harbor channels provided by a State, municipality, or other 
public agency that serve essential navigation needs of general 
commerce, where authorized by law; and for surveys and charting 
of northern and northwestern lakes and connecting waters, 
clearing and straightening channels, and removal of 
obstructions to navigation, $1,967,925,000, to remain available 
until expended, of which such sums as become available in the 
Harbor Maintenance Trust Fund, pursuant to Public Law 99-662 
may be derived from that fund, and of which such sums as become 
available from the special account for the U.S. Army Corps of 
Engineers established by the Land and Water Conservation Act of 
1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from 
that account for resource protection, research, interpretation, 
and maintenance activities related to resource protection in 
the areas at which outdoor recreation is available; and of 
which such sums as become available under section 217 of the 
Water Resources Development Act of 1996, Public Law 104-303, 
shall be used to cover the cost of operation and maintenance of 
the dredged material disposal facilities for which fees have 
been collected: Provided, That of funds appropriated herein, 
for the Intracoastal Waterway, Delaware River to Chesapeake 
Bay, Delaware and Maryland, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to reimburse the 
State of Delaware for normal operation and maintenance costs 
incurred by the State of Delaware for the SR1 Bridge from 
station 58+00 to station 293+00 between October 1, 2003, and 
September 30, 2004: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to use 
funds appropriated herein to rehabilitate the existing dredged 
material disposal site for the project for navigation, Bodega 
Bay Harbor, California, and to continue maintenance dredging of 
the Federal channel: Provided further, That the Secretary shall 
make suitable material excavated from the site as part of the 
rehabilitation effort available to the non-Federal sponsor, at 
no cost to the Federal Government, for use by the non-Federal 
sponsor in the development of public facilities: Provided 
further, That the Corps of Engineers shall not allocate any 
funds to deposit dredged material along the Laguna Madre 
portion of the Gulf Intracoastal Waterway except at the 
placement areas specified in the Dredged Material Management 
Plan in section 2.11 of the Final Environmental Impact 
Statement for Maintenance Dredging of the Gulf Intracoastal 
Waterway, Laguna Madre, Texas, Nueces, Kleberg, Kenedy, 
Willacy, and Cameron Counties, Texas, prepared by the Corps of 
Engineers dated September 2003: Provided further, That nothing 
in the above proviso shall prevent the Corps of Engineers from 
performing necessary maintenance operations along the Gulf 
Intracoastal Waterway if the following conditions are met: if 
the Corps proposes to use any placement areas that are not 
currently specified in the Dredged Material Management Plan and 
failure to use such alternative placement areas will result in 
the closure of any segment of the Gulf Intracoastal Waterway, 
then such proposal shall be analyzed in an Environmental Impact 
Statement (EIS) and comply with all other applicable 
requirements of the National Environmental Policy Act, 42 
U.S.C. 4321, et seq., and all other applicable State and 
Federal laws, including the Clean Water Act, 33 U.S.C. 1251 et 
seq., the Endangered Species Act, 16 U.S.C. 1531 et seq., and 
the Coastal Zone Management Act, 16 U.S.C. 1451 et seq.: 
Provided further, That $15,000,000 is provided to be used by 
the Secretary of the Army, acting through the Chief of 
Engineers, to repair, restore, and clean up projects and 
facilities of the Corps of Engineers and dredge navigation 
channels, restore and clean out area streams, provide emergency 
stream bank protection, restore other crucial public 
infrastructure (including water and sewer facilities), document 
flood impacts, and undertake other flood recovery efforts 
considered necessary by the Chief of Engineers: Provided 
further, That the Secretary of the Army is directed to use 
$75,000 of the funds appropriated herein to remove the weir 
feature of the project for flood damage reduction, Mayfield 
Creek and Tributaries, Kentucky, constructed pursuant to 
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), 
without any further environmental or economic analysis or 
study: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $250,000 of 
the funds appropriated herein for sediment removal and dam 
repair at Junaluska, North Carolina.

                           REGULATORY PROGRAM

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

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

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

                            GENERAL EXPENSES

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

                       ADMINISTRATIVE PROVISIONS

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

                           GENERAL PROVISIONS

                       CORPS OF ENGINEERS--CIVIL

    Sec. 101. Agreements proposed for execution by the 
Assistant Secretary of the Army for Civil Works or the United 
States Army Corps of Engineers after the date of the enactment 
of this Act pursuant to section 4 of the Rivers and Harbor Act 
of 1915, Public Law 64-291; section 11 of the River and Harbor 
Act of 1925, Public Law 68-585; the Civil Functions 
Appropriations Act, 1936, Public Law 75-208; section 215 of the 
Flood Control Act of 1968, as amended, Public Law 90-483; 
sections 104, 203, and 204 of the Water Resources Development 
Act of 1986, as amended, Public Law 99-662; section 206 of the 
Water Resources Development Act of 1992, as amended, Public Law 
102-580; section 211 of the Water Resources Development Act of 
1996, Public Law 104-303; and any other specific project 
authority, shall be limited to credits and reimbursements per 
project not to exceed $10,000,000 in each fiscal year, and 
total credits and reimbursements for all applicable projects 
not to exceed $50,000,000 in each fiscal year.
    Sec. 102. None of the funds appropriated in this or any 
other Act may be used by the United States Army Corps of 
Engineers to support activities related to the proposed Ridge 
Landfill in Tuscarawas County, Ohio.
    Sec. 103. None of the funds appropriated in this Act, or 
any other Act, shall be used to demonstrate or implement any 
plans divesting or transferring of any Civil Works missions, 
functions, or responsibilities for the United States Army Corps 
of Engineers to other government agencies without specific 
direction in a subsequent Act of Congress.
    Sec. 104. None of the funds appropriated in this or any 
other Act may be used by the United States Army Corps of 
Engineers to support activities related to the proposed Indian 
Run Sanitary Landfill in Sandy Township, Stark County, Ohio.
    Sec. 105. Alamogordo, New Mexico. The project for flood 
protection at Alamogordo, New Mexico, authorized by the Flood 
Control Act of 1962 (Public Law 87-874), is modified to 
authorize and direct the Secretary to construct a flood 
detention basin to protect the north side of the City of 
Alamogordo, New Mexico, from flooding. The flood detention 
basin shall be constructed to provide protection from a 100-
year flood event. The project cost share for the flood 
detention basin shall be consistent with section 103(a) of the 
Water Resources Development Act of 1986, notwithstanding 
section 202(a) of the Water Resources Development Act of 1996.

        NAMING OF LOCK AND DAM 3, ALLEGHENY RIVER, PENNSYLVANIA

    Sec. 106. (a) Designation.--Lock and dam numbered 3 on the 
Allegheny River, Pennsylvania, shall be known and designated as 
the ``C.W. Bill Young Lock and Dam''.
    (b) Legal References.--A reference in any law, regulation, 
document, record, map, or other paper of the United States to 
the lock and dam referred to in subsection (a) shall be deemed 
to be a reference to the ``C.W. Bill Young Lock and Dam''.
    Sec. 107. The Secretary of the Army may utilize continuing 
contracts in carrying out the studying, planning, or designing 
of a water resources project prior to the authorization of the 
project for construction.
    Sec. 108. The Secretary is authorized to remove and dispose 
of oil bollards and associated debris in Burlington Harbor, 
Vermont.
    Sec. 109. Kake Dam Replacement, Kake, Alaska Technical 
Corrections. Section 105, Public Law 106-377, is amended by 
striking ``$7,000,000'' and inserting ``$11,000,000 at full 
Federal expense''.
    Sec. 110. Deauthorization of Project for Navigation, 
Pawtuxet Cove, Rhode Island. (a) In General.--The portions of 
the project for navigation, Pawtuxet Cove, Rhode Island, 
authorized by section 101 of the River and Harbor Act of 1962 
(76 Stat. 1173) and described in subsection (b) shall no longer 
be authorized after the date of enactment of this Act.
    (b) Descriptions.--The portions of the project referred to 
in subsection (a) are the following:
            (1) Beginning at a point along the western edge of 
        the 6-foot channel just south of the 6-foot turning 
        basin: N247,856.00, E530,338.00, thence running north 
        51 degrees 44 minutes 12.5 seconds west 214.77 feet to 
        a point N247,989.00, E530,169.37, thence running north 
        13 degrees 14 minutes 48.8 seconds west 149.99 feet to 
        a point N248,135.00, E530,135.00, thence running north 
        44 degrees 11 minutes 7.4 seconds east 137.77 feet to a 
        point N248,233.79, E530,231.02, thence running north 3 
        degrees 58 minutes 18.8 seconds west 300.00 feet to a 
        point N248,533.07, E530,210.24, thence running north 86 
        degrees 1 minute 34.3 seconds east 35.00 feet to a 
        point N248,535.50, E530,245.16, thence running south 3 
        degrees 58 minutes 21.0 seconds east 342.49 feet to a 
        point N248,193.83, E530,268.88, thence running south 44 
        degrees 11 minutes 7.4 seconds west 135.04 feet to a 
        point N248,097.00, E530,174.77, thence running south 13 
        degrees 14 minutes 48.8 seconds east 85.38 feet to a 
        point N248,013.89, E530,194.33, thence running south 51 
        degrees 44 minutes 12.5 seconds east 166.56 feet to a 
        point N247,910.74, E530,325.11, thence running south 13 
        degrees 14 minutes 49.2 seconds east 56.24 feet to the 
        point of origin.
            (2) Beginning at a point along the eastern edge of 
        the 6-foot channel opposite the 6-foot turning basin: 
        N248,180.00, E530,335.00, thence running south 32 
        degrees 12 minutes 35.3 seconds east 88.25 feet to a 
        point N248,105.33, E530,382.04, thence running south 13 
        degrees 14 minutes 49.2 seconds east 138.48 feet to a 
        point N247,970.53, E530,413.77, thence running north 32 
        degrees 12 minutes 35.3 seconds west 135.42 feet to a 
        point N248,085.12, E530,341.59, thence running north 3 
        degrees 58 minutes 21.0 seconds west 95.11 feet to the 
        point of origin.
            (3) Beginning at a point along the eastern edge of 
        the channel adjacent to the 6-foot entrance channel: 
        N246,630.77, E530,729.17, thence running south 13 
        degrees 14 minutes 49.2 seconds east 35.55 feet to a 
        point N246,596.16, E530,737.32, thence running south 51 
        degrees 31 minutes 38.6 seconds east 283.15 feet to a 
        point N246,420.00, E530,959.00, thence running north 47 
        degrees 28 minutes 37.2 seconds west 311.84 feet 
        returning to a point N246,630.77, E530,729.17.
    Sec. 111. (a) The Secretary of the Army is authorized to 
provide technical, planning, design and construction assistance 
to non-Federal interests to remedy adverse environmental and 
human health impacts in Ottawa County, Oklahoma. In providing 
assistance, the Secretary shall coordinate with the State, 
Tribal, and local interests. The Secretary may undertake 
implementation of such activities as the Secretary determines 
to be necessary or advisable to demonstrate practicable 
alternatives, such activities shall include measures to address 
lead exposure and other environmental problems related to 
historical mining activities in the area.
    (b) In carrying out subsection (a), the Secretary may 
utilize, through contracts or other means, the services of the 
University of Oklahoma, the Oklahoma Department of 
Environmental Quality, or such other entities as the Secretary 
determines to be appropriate.
    (c) Notwithstanding any other provision of law, the 
Secretary shall not incur liability under the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 
U.S.C. 9601 et seq.) for activities undertaken pursuant to this 
section.
    (d) Non-Federal interests shall be responsible for 
providing any necessary lands, easements or rights-of-way 
required for implementation of activities authorized by this 
section and shall be responsible for operating and maintaining 
any restoration alternatives constructed or carried out 
pursuant to this section. All other costs shall be borne by the 
Federal Government.
    (e) There is authorized to be appropriated $15,000,000 to 
carry out the purposes of this section.
    Sec. 112. The amount of $2,000,000 previously provided 
under the heading ``Construction, General'' in title I of the 
Energy and Water Development Appropriations Act, 2003, division 
D of Public Law 108-7, is to be used to provide technical 
assistance at full Federal expense, to Alaskan communities to 
address the serious impacts of coastal erosion.
    Sec. 113. St. Georges Bridge, Delaware. None of the funds 
made available in this Act may be used to carry out any 
activity relating to closure or removal of the St. Georges 
Bridge across the Intracoastal Waterway, Delaware River to 
Chesapeake Bay, Delaware and Maryland, including a hearing or 
any other activity relating to preparation of an environmental 
impact statement concerning the closure or removal.
    Sec. 114. Section 214(a) of Public Law 106-541 is amended 
by striking ``2003'' and inserting ``2005''.
    Sec. 115. The Secretary of the Army, acting through the 
Chief of Engineers, shall direct construction of Alternative 1 
(Northeast Corner) for the project authorized in section 353 of 
Public Law 105-277 notwithstanding any other provision of law.
    Sec. 116. The Secretary of the Army, acting through the 
Chief of Engineers, is authorized to undertake appropriate 
planning, design, and construction measures for wildfire 
prevention and restoration in the Middle Rio Grande bosque in 
and around the City of Albuquerque. Work shall be directed 
toward those portions of the bosque which have been damaged by 
wildfire or are in imminent danger of damage from wildfire due 
to heavy fuel loads and impediments to emergency vehicle 
access.
    Sec. 117. Section 595 of the Water Resources Development 
Act of 1999 (113 Stat. 383; 117 Stat. 142) is amended--
            (1) by striking the section heading and inserting 
        the following:

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

            (2) in subsection (a)--
                    (A) by redesignating paragraphs (1) through 
                (3) as subparagraphs (A) through (C), 
                respectively;
                    (B) by striking (a) and all that follows 
                through ``means--'' and inserting the 
                following:
    ``(a) Definitions.--In this section:
            ``(1) Rural nevada.--The term `rural Nevada' 
        means''; and
                    (C) by adding at the end the following:
            ``(2) Rural utah.--The term `rural Utah' means--
                    ``(A) the counties of Box Elder, Cache, 
                Rich, Tooele, Morgan, Summit, Dagett, Wasatch, 
                Duchesne, Uintah, Juab, Sanpete, Carbon, 
                Millard, Sevier, Emery, Grand, Beaver, Piute, 
                Wayne, Iron, Garfield, San Juan, and Kane, 
                Utah; and
                    ``(B) the portions of Washington County, 
                Utah, that are located outside the city of St. 
                George, Utah.'';
            (3) in subsections (b) and (c), by striking 
        ``Nevada, Montana, and Idaho'' and inserting ``Idaho, 
        Montana, rural Nevada, New Mexico, and rural Utah''; 
        and
            (4) in subsection (h), by striking ``2001--'' and 
        all that follows and inserting ``2001 $25,000,000 for 
        each of Idaho, Montana, New Mexico, and rural Utah, to 
        remain available until expended.''.
    Sec. 118. Section 560(f) of Public Law 106-53 is amended by 
striking ``$5,000,000'' and inserting ``$7,500,000''.
    Sec. 119. Section 219(f) of the Water Resources Development 
Act of 1992 (Public Law 102-580; 106 Stat. 4835), as amended by 
section 502(b) of the Water Resources Development Act of 1999 
(Public Law 106-53; 113 Stat. 335) and section 108(d) of title 
I of division B of the Miscellaneous Appropriations Act, 2001 
(as enacted by Public law 106-554; 114 Stat. 2763A-220), is 
further amended by adding at the end the following:
            ``(71) Coronado, california.--$10,000,000 is 
        authorized for wastewater infrastructure, Coronado, 
        California.''.
    Sec. 120. Section 592(g) of the Water Resources Development 
Act of 1999 (Public Law 106-53; 113 Stat. 380) is amended by 
striking ``$25,000,000 for the period beginning with fiscal 
year 2000'' and inserting ``$100,000,000''.
    Sec. 121. Park River, Grafton, North Dakota. Section 364(5) 
of the Water Resources Development Act of 1999 (113 Stat. 314) 
is amended--
            (1) by striking ``$18,265,000'' and inserting 
        ``$21,075,000''; and
            (2) by striking ``$9,835,000'' and inserting 
        ``$7,025,000''.
    Sec. 122. Schuylkill River Park, Philadelphia, 
Pennsylvania. The Secretary of the Army shall provide 
technical, planning, design, and construction assistance for 
Schuylkill River Park, Philadelphia, Pennsylvania, in 
accordance with section 564(c) of the Water Resources 
Development Act of 1996 (Public Law 104-303; 110 Stat. 3785), 
as contained in the February 2003 report of the Philadelphia 
District based on regional economic development benefits, at a 
Federal share of 50 percent and a non-Federal share of 50 
percent.
    Sec. 123. Gwynns Falls Watershed, Baltimore, Maryland. The 
Secretary of the Army shall implement the project for ecosystem 
restoration, Gwynns Falls, Maryland, in accordance with the 
Baltimore Metropolitan Water Resources-Gwynns Falls Watershed 
Feasibility Report prepared by the Corps of Engineers and the 
City of Baltimore, Maryland.
    Sec. 124. Snake River Confluence Interpretative Center, 
Clarkston, Washington. (a) In General.--The Secretary of the 
Army, acting through the Chief of Engineers (referred to in 
this section as the ``Secretary'') is authorized and shall 
carry out a project to plan, design, construct, furnish, and 
landscape a federally owned and operated Collocated Civil Works 
Administrative Building and Snake River Confluence 
Interpretative Center, as described in the Snake River 
Confluence Center Project Management Plan.
    (b) Location.--The project--
            (1) shall be located on Federal property at the 
        confluence of the Snake River and the Clearwater River, 
        near Clarkston, Washington; and
            (2) shall be considered to be a capital improvement 
        of the Clarkston office of the Lower Granite Project.
    (c) Existing Structures.--In carrying out the project, the 
Secretary may demolish or relocate existing structures.
    (d) Cost Sharing.--
            (1) Total cost.--The total cost of the project 
        shall not exceed $3,500,000 (excluding interpretative 
        displays).
            (2) Federal share.--The Federal share of the cost 
        of the project shall be $3,000,000.
            (3) Non-federal share.--
                    (A) In general.--The non-Federal share of 
                the cost of the project--
                            (i) shall be $500,000; and
                            (ii) may be provided--
                                    (I) in cash; or
                                    (II) in kind, with credit 
                                accorded to the non-Federal 
                                sponsor for provision of all 
                                necessary services, replacement 
                                facilities, replacement land 
                                (not to exceed 4 acres), 
                                easements, and rights-of-way 
                                acceptable to the Secretary and 
                                the non-Federal sponsor.
                    (B) Interpretive exhibits.--In addition to 
                the non-Federal share described in subparagraph 
                (A), the non-Federal sponsor shall fund, 
                operate, and maintain all interpretative 
                exhibits under the project.
    Sec. 125. Flood Damage Reduction, Mill Creek, Cincinnati, 
Ohio. The Secretary of the Army is directed to complete the 
General Reevaluation Report on the Mill Creek, Ohio, project 
within 15 months of enactment of this Act at 100 percent 
Federal cost. The report shall provide plans for flood damage 
reduction throughout the basin equivalent to and commensurate 
with that afforded by the authorized, partially implemented, 
Mill Creek, Ohio, Flood Damage Reduction Project, as authorized 
in section 201 of the Flood Control Act of 1970 (Public Law 91-
611).
    Sec. 126. Lakes Marion and Moultrie, South Carolina. 
Section 219(f)(25) of the Water Resources Development Act of 
1992 (113 Stat. 336; 114 Stat. 2763A-220) is amended--
            (1) by striking ``$15,000,000'' and inserting 
        ``$35,000,000''; and
            (2) by inserting ``wastewater treatment and'' 
        before ``water supply''.
    Sec. 127. Section 219(f) of the Water Resources Development 
Act of 1992 (106 Stat. 4835; 113 Stat. 335-337; 114 Stat. 
2763A-220-221) is amended by adding at the end the following: 
``Charleston, South Carolina.--$5,000,000 for wastewater 
infrastructure, including wastewater collection systems, 
Charleston, South Carolina.''.
    Sec. 128. American River Watershed, California. (a) In 
General.--The Secretary of the Army is authorized to carry out 
the project for flood damage reduction and environmental 
restoration, American River Watershed, California, 
substantially in accordance with the plans, and subject to the 
conditions, described in the Report of the Chief of Engineers 
dated November 5, 2002, at a total cost of $257,300,000, with 
an estimated Federal cost of $201,200,000 and an estimated non-
Federal cost of $56,100,000; except that the Secretary is 
authorized to accept funds from State and local governments and 
other Federal agencies for the purpose of constructing a 
permanent bridge instead of the temporary bridge described in 
the recommended plan and may construct such permanent bridge if 
all additional costs for such bridge, above the $36,000,000 
provided for in the recommended plan for bridge construction, 
are provided by such governments or agencies.
    (b) Expediting Bridge Design and Construction.--The 
Secretary, in cooperation with appropriate non-Federal 
interests, shall immediately commence appropriate studies for, 
and the design of, a permanent bridge (including an evaluation 
of potential impacts of bridge construction on traffic patterns 
and identification of alternatives for mitigating such impacts) 
and, upon execution of a cost-sharing agreement with such non-
Federal interests, shall proceed to construction of the bridge 
as soon as practicable; except that such studies, design, and 
construction shall not adversely affect the schedule of design 
or construction of authorized projects for flood damage 
reduction.
    Sec. 129. American and Sacramento Rivers, California.--The 
project for flood damage reduction, American and Sacramento 
Rivers, California, authorized by section 101(a)(1) of the 
Water Resources Development Act of 1996 (110 Stat. 3662-3663) 
and modified by section 366 of the Water Resources Development 
Act of 1999 (113 Stat. 319-320), is further modified to direct 
the Secretary to carry out the project, at a total cost of 
$205,000,000.
    Sec. 130. Placer and El Dorado Counties, California. (a) 
Establishment of Program.--The Secretary of the Army may 
establish a program to provide environmental assistance to non-
Federal interests in Placer and El Dorado Counties, California.
    (b) Form of Assistance.--Assistance under this section may 
be in the form of design and construction assistance to improve 
the efficiency and use of existing water supplies in Placer and 
El Dorado Counties through water and wastewater projects, 
programs, and infrastructure.
    (c) Ownership Requirement.--The Secretary may provide 
assistance for a project under this section only if the project 
is publicly owned.
    (d) Partnership Agreements.--
            (1) In general.--Before providing assistance under 
        this section, the Secretary shall enter into a 
        partnership agreement with a non-Federal interest to 
        provide for design and construction of the project to 
        be carried out with the assistance.
            (2) Requirements.--Each partnership agreement 
        entered into under this subsection shall provide for 
        the following:
                    (A) Plan.--Development by the Secretary, in 
                consultation with appropriate Federal and State 
                officials, of a facilities or resource 
                protection and development plan, including 
                appropriate engineering plans and 
                specifications.
                    (B) Legal and institutional structures.--
                Establishment of such legal and institutional 
                structures as are necessary to ensure the 
                effective long-term operation of the project by 
                the non-Federal interest.
            (3) Cost sharing.--
                    (A) In general.--The Federal share of the 
                project costs under each partnership agreement 
                entered into under this subsection shall be 75 
                percent. The Federal share may be in the form 
                of grants or reimbursements of project costs.
                    (B) Credit for work.--The non-Federal 
                interests shall receive credit for the 
                reasonable cost of design work on a project 
                completed by the non-Federal interest before 
                entering into a partnership agreement with the 
                Secretary for such project.
                    (C) Credit for interest.--In case of a 
                delay in the funding of the non-Federal share 
                of a project that is the subject of an 
                agreement under this section, the non-Federal 
                interest shall receive credit for reasonable 
                interest incurred in providing the non-Federal 
                share of the project's costs.
                    (D) Land, easements, and rights-of-way 
                credit.--The non-Federal interest shall receive 
                credit for land, easements, rights-of-way, and 
                relocations toward the non-Federal share of 
                project costs (including all reasonable costs 
                associated with obtaining permits necessary for 
                the construction, operation, and maintenance of 
                the project on publicly owned or controlled 
                land), but not to exceed 25 percent of total 
                project costs.
                    (E) Operation and maintenance.--The non-
                Federal share of operation and maintenance 
                costs for projects constructed with assistance 
                provided under this section shall be 100 
                percent.
    (e) Applicability of Other Federal and State Laws.--Nothing 
in this section waives, limits, or otherwise affects the 
applicability of any provision of Federal or State law that 
would otherwise apply to a project to be carried out with 
assistance provided under this section.
    (f) Nonprofit Entities.--Notwithstanding section 221(b) of 
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any 
project undertaken under this section, a non-Federal interest 
may include a nonprofit entity with the consent of the affected 
local government.
    (g) Corps of Engineers Expenses.--Ten percent of the 
amounts appropriated to carry out this section may be used by 
the Corps of Engineers district offices to administer projects 
under this section at 100 percent Federal expense.
    (h) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $40,000,000. Such 
sums shall remain available until expended.
    Sec. 131. Sacramento Area, California. Section 219(f)(23) 
of the Water Resources Development Act of 1992 (106 Stat. 4835-
4836; 113 Stat. 336) is amended by striking ``$25,000,000'' and 
inserting ``$35,000,000''.
    Sec. 132. Upper Klamath Basin, California. (a) Definition 
of Upper Klamath Basin.--In this section, the term ``Upper 
Klamath Basin'' means the counties of Klamath, Oregon, and 
Siskiyou and Modoc, California.
    (b) Establishment of Program.--The Secretary of the Army 
may establish a program to provide environmental assistance to 
non-Federal interests in the Upper Klamath Basin.
    (c) Form of Assistance.--Assistance under this section may 
be in the form of design and construction assistance to improve 
the efficiency and use of existing water supplies in the Upper 
Klamath Basin through water and wastewater and ecosystem 
restoration projects, programs, and infrastructure.
    (d) Ownership Requirement.--The Secretary may provide 
assistance for a project under this section only if the project 
is publicly owned.
    (e) Partnership Agreements.--
            (1) In general.--Before providing assistance under 
        this section, the Secretary shall enter into a 
        partnership agreement with a non-Federal interest to 
        provide for design and construction of the project to 
        be carried out with the assistance.
            (2) Requirements.--Each partnership agreement 
        entered into under this subsection shall provide for 
        the following:
                    (A) Plan.--Development by the Secretary, in 
                consultation with appropriate Federal and State 
                officials, of a facilities or resource 
                protection and development plan, including 
                appropriate engineering plans and 
                specifications.
                    (B) Legal and institutional structures.--
                Establishment of such legal and institutional 
                structures as are necessary to ensure the 
                effective long-term operation of the project by 
                the non-Federal interest.
            (3) Cost sharing.--
                    (A) In general.--The Federal share of the 
                project costs under each partnership agreement 
                entered into under this subsection shall be 75 
                percent. The Federal share may be in the form 
                of grants or reimbursements of project costs.
                    (B) Credit for work.--The non-Federal 
                interests shall receive credit for the 
                reasonable cost of design work on a project 
                completed by the non-Federal interest before 
                entering into a partnership agreement with the 
                Secretary for such project.
                    (C) Credit for interest.--In case of a 
                delay in the funding of the non-Federal share 
                of a project that is the subject of an 
                agreement under this section, the non-Federal 
                interest shall receive credit for reasonable 
                interest incurred in providing the non-Federal 
                share of the project's costs.
                    (D) Land, easements, and rights-of-way 
                credit.--The non-Federal interest shall receive 
                credit for land, easements, rights-of-way, and 
                relocations toward the non-Federal share of 
                project costs (including all reasonable costs 
                associated with obtaining permits necessary for 
                the construction, operation, and maintenance of 
                the project on publicly owned or controlled 
                land), but not to exceed 25 percent of total 
                project costs.
                    (E) Operation and maintenance.--The non-
                Federal share of operation and maintenance 
                costs for projects constructed with assistance 
                provided under this section shall be 100 
                percent.
    (f) Applicability of Other Federal and State Laws.--Nothing 
in this section waives, limits, or otherwise affects the 
applicability of any provision of Federal or State law that 
would otherwise apply to a project to be carried out with 
assistance provided under this section.
    (g) Nonprofit Entities.--Notwithstanding section 221(b) of 
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any 
project undertaken under this section, a non-Federal interest 
may include a nonprofit entity with the consent of the affected 
local government.
    (h) Corps of Engineers Expenses.--Ten percent of the 
amounts appropriated to carry out this section may be used by 
the Corps of Engineers district offices to administer projects 
under this section at 100 percent Federal expense.
    (i) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $25,000,000. Such 
sums shall remain available until expended.
    Sec. 133. Additional Assistance for Critical Projects. 
Section 219(f) of the Water Resources Development Act of 1992 
(106 Stat. 4835; 113 Stat. 335-337; 114 Stat. 2763A-220-221) is 
amended by adding at the end the following:
            ``(71) Placer and el dorado counties, california.--
        $35,000,000 to improve the efficiency and use of 
        existing water supplies in Placer and El Dorado 
        Counties, California, through water and wastewater 
        projects, programs, and infrastructure.
            ``(72) Lassen, plumas, butte, sierra, and nevada 
        counties, california.--$25,000,000 to improve the 
        efficiency and use of existing water supplies in the 
        counties of Lassen, Plumas, Butte, Sierra, and Nevada, 
        California, through water and waste water projects, 
        programs, and infrastructure.''.
    Sec. 134. Bridge Authorization. There is authorized to be 
appropriated $30,000,000 for the construction of the permanent 
bridge described in section 128(a).
    Sec. 135. Section 504(a)(2) of the Water Resources 
Development Act of 1999 (113 Stat. 338) is amended by striking 
``Kehly Run Dam'' and inserting ``Kehly Run Dams''.
    Sec. 136. The McClellan-Kerr Arkansas River navigation 
project, authorized under the comprehensive plan for the 
Arkansas River Basin by section 3 of the Act entitled ``An Act 
authorizing the construction of certain public works on rivers 
and harbors for flood control, and for other purposes'', 
approved June 28, 1938 (52 Stat. 1218) and section 10 of the 
Flood Control Act of 1946 (60 Stat. 647) and where applicable 
the provisions of the River and Harbor Act of 1946 (60 Stat. 
634) and modified by section 108 of the Energy and Water 
Development Appropriations Act, 1988 (101 Stat. 1329-112), is 
further modified to authorize a project depth of 12 feet.
    Sec. 137. The Secretary shall provide credit to the non-
Federal sponsor for preconstruction engineering and design work 
performed by the non-Federal sponsor for the environmental 
dredging project at Ashtabula River, Ohio, prior to execution 
of a Project Cooperation Agreement.
    Sec. 138. Gateway Point, North Tonawanda, New York. The 
Secretary shall review the shoreline stabilization, recreation, 
and public access components of the feasibility report for 
waterfront development at Gateway Point, North Tonawanda, New 
York, entitled ``City of North Tonawanda, Gateway Point 
Feasibility'', dated February 6, 2003, and prepared by the non-
Federal interest and, if the Secretary determines that those 
components meet the evaluation and design standards of the 
Corps of Engineers and that the components are feasible, may 
carry out the components at a Federal cost not to exceed 
$3,300,000.
    Sec. 139. Chicago River and Harbor Illinois. Those portions 
of the projects for navigation, Chicago River and Chicago 
Harbor, authorized by the River and Harbor Act of March 3, 
1899, (30 Stat. 1129) extending 50 feet riverward of the 
existing dock wall on the south side of the channel from Lake 
Street to Franklin Street and 25 feet riverward of the existing 
dock wall on the south side of the channel from Franklin Street 
to Wabash Avenue, and those areas within 20 feet of the bridge 
abutments on the south side of the channel for the length of 
the protection bridge piers from the Franklin Street Bridge to 
the Michigan Avenue Bridge shall no longer be authorized after 
the date of enactment of this Act.
    Sec. 140. San Francisco, California. Capital Improvement 
Project.--
            (1) Establishment of office.--The Secretary shall 
        establish a centralized office at the office of the 
        district engineer, San Francisco, California, for the 
        use of all Federal and State agencies that are or will 
        be involved in issuing permits and conducting 
        environmental reviews for the capital improvement 
        project to repair and upgrade the water supply and 
        delivery system for the city of San Francisco.
            (2) Contributions.--The Secretary may use the 
        authority under section 214 of the Water Resources 
        Development Act of 2000 (33 U.S.C. 2201 note) for the 
        project described in paragraph (1).
            (3) Protection of impartial decisionmaking.--In 
        carrying out this section, the Secretary and the heads 
        of Federal agencies receiving funds under such section 
        214 for the project described in paragraph (1) shall 
        ensure that the use of the funds accepted under such 
        section for such project will not impact impartial 
        decisionmaking with respect to the issuance of permits, 
        either substantively or procedurally, or diminish, 
        modify, or otherwise affect the statutory or regulatory 
        authorities of such agencies.
    Sec. 141. Wolf Lake, Indiana. The project for aquatic 
ecosystem restoration, Wolf Lake, Indiana, being carried out 
under section 206 of the Water Resources Development Act of 
1996 (33 U.S.C. 2330), is modified to direct the Secretary to 
credit toward the non-Federal share of the cost of the project 
the cost of planning, design, and construction work carried out 
by the non-Federal interest before the date of the project 
cooperation agreement for the project if the Secretary 
determines that the work is integral to the project.
    Sec. 142. Cook County, Illinois. The Secretary of the Army 
is directed to credit up to $80,000 for design work completed 
by non-Federal interests, prior to and after the signing of the 
project cooperation agreement, toward the non-Federal share of 
the project for Calumet and Burr Oaks Schools Sewer 
Improvements, Cook County, Illinois, authorized by section 
219(f)(54) of the Water Resources Development Act of 1992 
(Public Law 102-580, as amended), if the Secretary determines 
that the work is integral to the project.
    Sec. 143. Los Angeles Harbor, Los Angeles, California. The 
project for navigation, Los Angeles Harbor, Los Angeles, 
California, authorized by section 101(b)(5) of the Water 
Resources Development Act of 2000 (114 Stat. 2577), is modified 
to direct the Secretary to credit toward the non-Federal share 
of the cost of the project the cost of the planning, design, 
and construction work carried out by the non-Federal interest 
before the date of the partnership agreement for the project if 
the Secretary determines the work is integral to the project.
    Sec. 144. San Lorenzo River, California. The project for 
flood control, San Lorenzo River, California, authorized by 
section 101(a)(5) of the Water Resources Development Act of 
1996 (110 Stat. 3663), is modified to direct the Secretary to 
credit not more than $2,000,000 toward the non-Federal share of 
the cost of the project for the cost of the work carried out by 
the non-Federal interest before the date of the project 
cooperation agreement for the project if the Secretary 
determines the work is integral to the project.
    Sec. 145. Calumet Region, Indiana. Section 219(f)(12) of 
the Water Resources Development Act of 1992 (113 Stat. 335) is 
amended--
            (1) by striking ``$10,000,000'' and inserting 
        ``$30,000,000''; and
            (2) by striking ``Lake and Porter'' and inserting 
        ``Benton, Jasper, Lake, Newton, and Porter''.
    Sec. 146. The Secretary of the Army, acting through the 
Chief of Engineers, is authorized to construct the project for 
flood control, Meramec River Basin, Valley Park Levee, 
Missouri, originally authorized by Public Law 97-128 (95 Stat. 
1682) and modified by section 1128 of WRDA 1986 and section 333 
of WRDA 1999, at a maximum Federal expenditure of $50,000,000.
    Sec. 147. The project for flood control, Saw Mill Run, 
Pennsylvania, authorized by section 401(a) of Public Law 99-662 
(100 Stat. 4124) and modified by section 301(a) of Public Law 
104-303 (110 Stat. 3708), is further modified to authorize the 
Secretary to carry out the project at a total cost of 
$22,000,000, with an estimated Federal cost of $16,500,000 and 
an estimated non-Federal cost of $5,500,000.
    Sec. 148. The project for flood control, Roanoke River 
Upper Basin, Virginia, authorized by section 401(a) of Public 
Law 99-662 (100 Stat. 4126), is further modified to authorize 
the Secretary to construct the project at a total cost of 
$61,700,000, with an estimated Federal cost of $43,000,000 and 
an estimated non-Federal cost of $18,700,000.
    Sec. 149. The project for harbor deepening, Brunswick 
Harbor, Georgia, authorized by section 101(a)(19), Public Law 
106-53, and amended by the fiscal year 2003 Consolidated 
Appropriations Act, Public Law 108-7, is further modified to 
authorize the Secretary to construct the project at a total 
cost of $96,276,000 with an estimated Federal cost of 
$61,709,000 and an estimated non-Federal cost of $34,567,000.
    Sec. 150. The project for flood control, Lackawanna River 
at Olyphant, Pennsylvania, authorized by section 101(16) of 
Public Law 102-580 (106 Stat. 4797), is modified to authorize 
the Secretary to carry out the project at a total cost of 
$23,000,000, with an estimated Federal cost of $17,250,000 and 
an estimated non-Federal cost of $5,750,000.
    Sec. 151. Perry Creek, Iowa. The project for flood 
protection, Perry Creek Flood Control Project, Sioux City, 
Iowa, authorized under section 401(a) of the Water Resources 
Development Act of 1986, is modified to increase the project 
authorization to $96,870,000 (Federal cost of $58,677,000 and 
non-Federal cost of $38,193,000).
    Sec. 152. Elizabeth River, Chesapeake, Virginia. Section 
358 of Public Law 106-53 is modified by striking ``September 
30, 1999,'' and inserting ``May 1, 1997,''.
    Sec. 153. Section 219(f) of the Water Resources Development 
Act of 1992 is amended by adding at the end the following:
            ``(71) $6,430,000 for environmental infrastructure 
        for Indianapolis, Indiana;''.
    Sec. 154. Mississippi River and Big Muddy River, Illinois. 
(a) In General.--The project for flood control, Mississippi 
River and Big Muddy River, Illinois, authorized by the Flood 
Control Act of 1938, is modified to authorize the Secretary to 
carry out repair and rehabilitation of the project at a total 
cost of $22,600,000, with an estimated Federal cost of 
$16,950,000 and an estimated non-Federal cost of $5,650,000, 
and to perform operation and maintenance of the project 
thereafter.
    (b) Other Assistance.--Federal assistance made available 
through the Department of Agriculture may be used toward 
payment of the non-Federal share of the costs of the repair and 
rehabilitation under this section.
    (c) United States Lands.--Costs under this section for the 
repair and rehabilitation allocable to the protection of lands 
owned by the United States shall be a Federal responsibility. 
The Secretary shall seek reimbursement from the Secretary of 
Agriculture for the costs allocated to protecting lands owned 
by the Department of Agriculture.
    (d) Operation and Maintenance of Non-Federal Lands.--The 
cost of operation and maintenance under this section allocated 
to protecting non-Federal lands shall be a non-Federal 
responsibility.
    Sec. 155. Moss Lake, Louisiana. The Secretary of the Army, 
acting through the Chief of Engineers, is authorized to carry 
out a project to restore lake depths at Moss Lake, Louisiana, 
adjacent to the Calcasieu River and Pass channel at a total 
project cost of $2,500,000.
    Sec. 156. The project for navigation, Manatee Harbor, 
Florida, authorized by section 202(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4093), and modified by 
section 102(j) of the Water Resources Development Act of 1990 
(104 Stat. 4612), is further modified--
            (1) to include the construction of an extension of 
        the south channel a distance of approximately 1584 feet 
        consistent with the general reevaluation report, dated 
        April 2002, prepared by the Jacksonville District Corps 
        of Engineers, at a total cost of $11,300,000, with an 
        estimated Federal cost of $8,475,000 and an estimated 
        non-Federal cost of $2,825,000;
            (2) to direct the Secretary to credit toward the 
        non-Federal share of the cost of the project the cost 
        of in-kind services and materials provided for the 
        project by the non-Federal interest;
            (3) to direct the Secretary to credit toward the 
        non-Federal share of the cost of the project the cost 
        of planning, design, and construction work carried out 
        by the non-Federal interest before the date of the 
        partnership agreement for the project if the Secretary 
        determines that the work is integral to the project; 
        and
            (4) to authorize the Secretary to carry out the 
        project as modified at a total cost of $61,500,000.

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

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

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

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

                         Bureau of Reclamation

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

                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFER OF FUNDS)

    For management, development, and restoration of water and 
related natural resources and for related activities, including 
the operation, maintenance, and rehabilitation of reclamation 
and other facilities, participation in fulfilling related 
Federal responsibilities to Native Americans, and related 
grants to, and cooperative and other agreements with, State and 
local governments, Indian tribes, and others, $857,498,000, to 
remain available until expended, of which $51,330,000 shall be 
available for transfer to the Upper Colorado River Basin Fund 
and $33,570,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as 
may be necessary may be advanced to the Colorado River Dam 
Fund; and of which not more than $500,000 is for high priority 
projects which shall be carried out by the Youth Conservation 
Corps, as authorized by 16 U.S.C. 1706: Provided, That such 
transfers may be increased or decreased within the overall 
appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can 
be financed by the Reclamation Fund or the Bureau of 
Reclamation special fee account established by 16 U.S.C. 460l-
6a(i) shall be derived from that Fund or account: Provided 
further, That funds contributed under 43 U.S.C. 395 are 
available until expended for the purposes for which 
contributed: Provided further, That funds advanced under 43 
U.S.C. 397a shall be credited to this account and are available 
until expended for the same purposes as the sums appropriated 
under this heading: Provided further, That funds available for 
expenditure for the Departmental Irrigation Drainage Program 
may be expended by the Bureau of Reclamation for site 
remediation on a non-reimbursable basis: Provided further, That 
$1,000,000 is to be used for completion of the Santa Fe wells 
project in New Mexico through a cooperative agreement with the 
City of Santa Fe: Provided further, That $10,000,000 of the 
funds appropriated herein shall be deposited in the San Gabriel 
Basin Restoration Fund established by section 110 of division 
B, title I of Public Law 106-554, as amended: Provided further, 
That section 301 of Public Law 102-250, Reclamation States 
Emergency Drought Relief Act of 1991, as amended, is amended 
further by inserting ``2003, and 2004'' in lieu of ``and 
2003''.

               BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

                CENTRAL VALLEY PROJECT RESTORATION FUND

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the 
Central Valley Project Improvement Act, $39,600,000, to be 
derived from such sums as may be collected in the Central 
Valley Project Restoration Fund pursuant to sections 3407(d), 
3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to 
remain available until expended: Provided, That the Bureau of 
Reclamation is directed to assess and collect the full amount 
of the additional mitigation and restoration payments 
authorized by section 3407(d) of Public Law 102-575: Provided 
further, That none of the funds made available under this 
heading may be used for the acquisition or leasing of water for 
in-stream purposes if the water is already committed to in-
stream purposes by a court adopted decree or order.

                       POLICY AND ADMINISTRATION

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

                          WORKING CAPITAL FUND

                              (RESCISSION)

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

                        ADMINISTRATIVE PROVISION

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

                           General Provisions

                       DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds appropriated or otherwise 
made available by this Act may be used to determine the final 
point of discharge for the interceptor drain for the San Luis 
Unit until development by the Secretary of the Interior and the 
State of California of a plan, which shall conform to the water 
quality standards of the State of California as approved by the 
Administrator of the Environmental Protection Agency, to 
minimize any detrimental effect of the San Luis drainage 
waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program 
and the costs of the San Joaquin Valley Drainage Program shall 
be classified by the Secretary of the Interior as reimbursable 
or nonreimbursable and collected until fully repaid pursuant to 
the ``Cleanup Program-Alternative Repayment Plan'' and the 
``SJVDP-Alternative Repayment Plan'' described in the report 
entitled ``Repayment Report, Kesterson Reservoir Cleanup 
Program and San Joaquin Valley Drainage Program, February 
1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United 
States relating to, or providing for, drainage service or 
drainage studies for the San Luis Unit shall be fully 
reimbursable by San Luis Unit beneficiaries of such service or 
studies pursuant to Federal reclamation law.
    Sec. 202. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the 
salaries and expenses of personnel to purchase or lease water 
in the Middle Rio Grande or the Carlsbad Projects in New Mexico 
unless said purchase or lease is in compliance with the 
purchase requirements of section 202 of Public Law 106-60.
    Sec. 203. Subsection 206(b) of Public Law 101-514 is 
amended as follows: In paragraph (1), strike ``, with annual 
quantities delivered under these contracts to be determined by 
the Secretary based upon the quantity of water actually needed 
within the Sacramento County Water Agency service area and San 
Juan Suburban Water District after considering reasonable 
efforts to: (i) promote full utilization of existing water 
entitlements within Sacramento County; (ii) implement water 
conservation and metering programs within the areas served by 
the contract; and (iii) implement programs to maximize to the 
extent feasible conjunctive use of surface water and 
groundwater''.
    Sec. 204. The Secretary of the Interior is authorized and 
directed to amend the Central Valley Project water supply 
contracts of the Sacramento County Water Agency and the San 
Juan Suburban Water District by deleting a provision requiring 
a determination of annual water needs included pursuant to 
section 206 of Public Law 101-514.
    Sec. 205. Lower Colorado River Basin Development. (a) In 
General.--Notwithstanding section 403(f) of the Colorado River 
Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower 
Colorado River Basin Development Fund shall be paid to the 
general fund of the Treasury until each provision of the 
revised Stipulation Regarding a Stay and for Ultimate Judgment 
Upon the Satisfaction of Conditions, filed in United States 
District Court on April 24, 2003, in Central Arizona Water 
Conservation District v. United States (No. CIV 95-625-TUC-WDB 
(EHC), No. CIV 95-1720-OHX-EHC (Consolidated Action)), and any 
amendment or revision thereof, is met.
    (b) Payment to General Fund.--If any of the provisions of 
the stipulation referred to in subsection (a) are not met by 
the date that is 10 years after the date of enactment of this 
Act, payments to the general fund of the Treasury shall resume 
in accordance with section 403(f) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)).
    (c) Authorization.--Amounts in the Lower Colorado River 
Basin Development Fund that but for this section would be 
returned to the general fund of the Treasury shall not be 
expended until further Act of Congress.
    Sec. 206. The second paragraph under the heading 
``Administrative Provisions'' in Public Law 102-377 (43 U.S.C. 
377b) is amended by inserting ``, not to exceed $5,000,000 for 
each causal event giving rise to a claim or claims'' after 
``activities of the Bureau of Reclamation''.
    Sec. 207. Funds under this title for Drought Emergency 
Assistance shall be made available primarily for leasing of 
water for specified drought related purposes from willing 
lessors, in compliance with existing State laws and 
administered under State water priority allocation. Such leases 
may be entered into with an option to purchase: Provided, That 
such purchase is approved by the State in which the purchase 
takes place and the purchase does not cause economic harm 
within the State in which the purchase is made.
    Sec. 208. (a) Notwithstanding any other provision of law, 
the Secretary of the Interior, acting through the Commissioner 
of the Bureau of Reclamation, may not obligate funds 
appropriated for the current fiscal year or any prior Energy 
and Water Development Appropriations Act, or funds otherwise 
made available to the Commissioner of the Bureau of 
Reclamation, and may not use discretion, if any, to restrict, 
reduce or reallocate any water stored in Heron Reservoir or 
delivered pursuant to San Juan-Chama Project contracts, 
including execution of said contracts facilitated by the Middle 
Rio Grande Project, to meet the requirements of the Endangered 
Species Act, unless such water is acquired or otherwise made 
available from a willing seller or lessor and the use is in 
compliance with the laws of the State of New Mexico, including 
but not limited to, permitting requirements.
    (b) Complying with the reasonable and prudent alternatives 
and the incidental take limits defined in the Biological 
Opinion released by the United States Fish and Wildlife Service 
dated March 17, 2003 combined with efforts carried out pursuant 
to Public Law 106-377, Public Law 107-66, and Public Law 108-7 
fully meet all requirements of the Endangered Species Act (16 
U.S.C. 1531 et seq.) for the conservation of the Rio Grande 
Silvery Minnow (Hybognathus amarus) and the Southwestern Willow 
Flycatcher (Empidonax trailii extimus) on the Middle Rio Grande 
in New Mexico.
    (c) This section applies only to those Federal agency and 
non-Federal actions addressed in the March 17, 2003 Biological 
Opinion.
    (d) Subsection (b) will remain in effect for 2 years 
following the implementation of this Act.
    Sec. 209. Endangered Species Collaborative Program. (a) 
Using funds previously appropriated, the Secretary of the 
Interior, acting through the Commissioner of the Bureau of 
Reclamation and the Director of the Fish and Wildlife Service, 
for purposes of improving the efficiency and expediting the 
efforts of the Endangered Species Act Collaborative Program 
Workgroup, is directed to establish an executive committee of 
seven members consisting of--
            (1) one member from the Bureau of Reclamation;
            (2) one member from the Fish and Wildlife Service; 
        and
            (3) one member at large representing each of the 
        following seven entities (selected at the discretion of 
        the entity in consultation with the Bureau of 
        Reclamation and the Fish and Wildlife Service) 
        currently participating as signatories to the existing 
        Memorandum of Understanding:
                    (A) other Federal agencies;
                    (B) State agencies;
                    (C) municipalities;
                    (D) universities and environmental groups;
                    (E) agricultural communities;
                    (F) Middle Rio Grande Pueblos (Sandia, 
                Isleta, San Felipe, Cochiti, Santa Ana, and 
                Santo Domingo); and
                    (G) Middle Rio Grande Conservancy District.
    (b) Formation of this Committee shall not occur later than 
45 days after enactment of this Act.
    (c) Fiscal year 2004 appropriations shall not be obligated 
or expended prior to approval of a detailed spending plan by 
the House and Senate Committees on Appropriations.
    (d) The above section shall come into effect within 180 
days of enactment of this Act, unless the Bureau of 
Reclamation, in consultation with the above listed parties, has 
provided an alternative workgroup structure which has been 
approved by the House and Senate Committees on Appropriations.
    Sec. 210. Tularosa Basin National Desalination Research 
Facility. (a) Desalination Demonstration and Development.--
Pursuant to section 4(a) of Public Law 104-298, 110 Stat. 3622 
(October 11, 1996), the Secretary may hereafter conduct or 
contract for the design, construction, testing and operation of 
the Tularosa Basin National Desalination Research Facility.
    (b) The Tularosa Basin National Desalination Research 
Facility is hereafter exempt from all provisions of section 7 
of Public Law 104-298, 110 Stat. 3622 (October 11, 1996). The 
Federal share of the cost of the Tularosa Basin National 
Desalination Research Facility may be up to 100 percent, 
including the cost of design, construction, operation, 
maintenance, repair and rehabilitation.
    Sec. 211. The Secretary of the Interior, in carrying out 
CALFED-related activities, may undertake feasibility studies 
for Sites Reservoir, Los Vaqueros Reservoir Enlargement, and 
Upper San Joaquin Storage projects, hereafter. These storage 
studies should be pursued along with ongoing environmental and 
other projects in a balanced manner.
    Sec. 212. The Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, is authorized to 
enter into grants, cooperative agreements, and other agreements 
with irrigation or water districts to fund up to 50 percent of 
the cost of planning, designing, and constructing improvements 
that will conserve water, increase water use efficiency, or 
enhance water management through measurement or automation, at 
existing water supply projects within the states identified in 
the Act of June 17, 1902, as amended, and supplemented: 
Provided, That when such improvements are to Federally owned 
facilities, such funds may be provided in advance on a non-
reimbursable basis to an entity operating affected transferred 
works or may be deemed non-reimbursable for non-transferred 
works: Provided further, That the calculation of the non-
Federal contribution shall provide for consideration of the 
value of any in-kind contributions, but shall not include funds 
received from other Federal agencies: Provided further, That 
the cost of operating and maintaining such improvements shall 
be the responsibility of the non-Federal entity: Provided 
further, That this section shall not supercede any existing 
project-specific funding authority. The Secretary is also 
authorized to enter into grants or cooperative agreements with 
universities or non-profit research institutions to fund water 
use efficiency research.
    Sec. 213. Hawaii Water Resources Study. The Hawaii Water 
Resources Act of 2000 (Public Law 106-566; 114 Stat. 2818) is 
amended--
            (1) in section 103--
                    (A) in subsection (b)(1), by striking 
                ``Not'' and all that follows through ``the 
                Secretary'' and inserting ``The Secretary'' and
                    (B) in subsection (e), by striking 
                ``$300,000'' and all that follows and inserting 
                ``$2,000,000 for the Federal share of the 
                activities authorized under this section''; and
            (2) in section 104(b), by striking ``cost-
        effective,'' and all that follows and inserting ``cost-
        effective.''.
    Sec. 214. Notwithstanding the provisions of title IV of 
Public Law 102-575 (106 Stat. 4648), the contributions of the 
Western Area Power Administration to the Utah Reclamation 
Mitigation and Conservation Account shall expire 10 fiscal 
years from the date of enactment of this Act. Such 
contributions shall be from an account established by the 
Western Area Power Administration for this purpose and such 
contributions shall be made available to the Utah Reclamation 
Mitigation and Conservation Account subject to appropriations. 
After 10 fiscal years from the date of enactment of this Act, 
the Utah Reclamation Mitigation and Conservation Commission is 
hereby authorized to utilize interest earned and accrued to the 
Utah Reclamation Mitigation and Conservation Account.
    Sec.  215. Tualatin River Basin, Oregon. (a) Authorization 
To Conduct Feasibility Study.--The Secretary of the Interior 
may conduct a Tualatin River Basin water supply feasibility 
study--
            (1) to identify ways to meet future water supply 
        needs for agricultural, municipal, and industrial uses;
            (2) to identify water conservation and water 
        storage measures;
            (3) to identify measures that would--
                    (A) improve water quality; and
                    (B) enable environmental and species 
                protection; and
            (4) as appropriate, to evaluate integrated water 
        resource management and supply needs in the Tualatin 
        River Basin, Oregon.
    (b) Federal Share.--The Federal share of the cost of the 
study conducted under subsection (a)--
            (1) shall not exceed 50 percent; and
            (2) shall be nonreimbursable and nonreturnable.
    (c) Activities.--No activity carried out under this section 
shall be considered a supplemental or additional benefit under 
Federal reclamation law (the Act of June 17, 1902 (32 Stat. 
388, chapter 1093), and Acts supplemental to and amendatory of 
that Act (43 U.S.C. 371 et seq.)).
    (d) Funding.--
            (1) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this section 
        $2,900,000, to remain available until expended.
    Sec. 216. Facilitation of Indian Water Rights in Arizona. 
In order to facilitate Indian water rights settlements in the 
State of Arizona, the Secretary may:
            (1) Extend, on an annual basis, the repayment 
        schedule of debt incurred under section 9(d) of the Act 
        of August 4, 1939 (43 U.S.C 485h(d)) by irrigation 
        districts who have contracts for water delivery from 
        the Central Arizona Project.
            (2) If requested by either the Gila River Indian 
        Community or the San Carlos Apache Tribe, utilize 
        appropriated funds transferred into the Lower Colorado 
        River Basin Development Fund for construction of Indian 
        Distribution systems to assist in the partial funding 
        of costs associated with the on-reservation delivery of 
        CAP water to these Indian tribes as set forth in the 
        Bureau of Reclamation's FY 2004 Budget Justifications, 
        PF-2B Schedules for construction of the Central Arizona 
        Project. These funds shall be non-reimbursable 
        Operation and Maintenance funds and shall not exceed 
        amounts projected for construction by these Indian 
        tribes as set forth in the Bureau of Reclamation's PF-
        2B Schedules that support the FY 2004 Budget 
        Justifications for the Central Arizona Project.
    Sec. 217. Restoration of Fish and Wildlife Habitat, 
Provision of Bottled Water for Fallon Schoolchildren, and 
Associated Provisions. (a) In General.--In carrying out section 
2507 of Public Law 107-171, title II, subtitle F, the Secretary 
of Interior, acting through the Commissioner of Reclamation, 
shall--
            (1) Notwithstanding section 2507 (b) of Public Law 
        107-171, title II, subtitle F, and in accordance with 
        Public Law 101-618, provide $2,500,000 to the State of 
        Nevada to purchase water rights from willing sellers 
        and make necessary improvements to benefit Carson Lake 
        and Pasture: Provided, That such funds shall only be 
        provided by the Bureau of Reclamation when the title to 
        Carson Lake and Pasture is conveyed to the State of 
        Nevada.
            (2) As soon as practicable after enactment, provide 
        $133,000 to Families in Search of the Truth, Fallon, 
        Nevada, for the purchase of bottled water and costs 
        associated with providing such water to schoolchildren 
        in Fallon-area schools.
            (3) In consultation with the Pershing County Water 
        Conservation District, the Commissioner shall expend 
        $270,000 for the State of Nevada's costs associated 
        with the National Environmental Policy Act review of 
        the Humboldt Title Transfer: Provided, That 
        notwithstanding Public Law 107-282, section 804(d)-(f), 
        the State of Nevada shall pay any other costs assigned 
        to the State as an entity receiving title in Public Law 
        107-282, section 804(b)-(e) or due to any reconveyance 
        under Public Law 107-282, section 804(f), including any 
        such National Environmental Policy Act costs that 
        exceed the $270,000 expended by the Commissioner under 
        this subparagraph.
            (4) Provide $1,000,000 to the University of Nevada, 
        Reno's Biodiversity initiative for public education and 
        associated technical assistance and outreach concerning 
        the issues affecting the restoration of Walker Lake.
    (b) Administration.--The Secretary of the Interior, acting 
through the Commissioner of Reclamation, may provide financial 
assistance to State and local public agencies, Indian tribes, 
nonprofit organizations, and individuals to carry out this 
section and section 2507 of Public Law 107-171.
    Sec. 218. The Secretary of the Interior shall extend the 
term of the Sacramento River Settlement Contracts, long- and 
short-form, entered into by the United States with various 
districts and individuals, section 14 of the Reclamation 
Project Act of 1939 (53 Stat. 1197), for a period of 2 
additional years after the date on which each of the contracts, 
respectively, would expire but for this section, or until 
renewal contracts are executed, whichever occurs earlier.
    Sec. 219. (a) Section 1(b) of Public Law 105-295 (112 Stat. 
2820) is amended by striking the second sentence and inserting 
the following: ``The Federal share of the costs of constructing 
the temperature control device and associated temperature 
monitoring facilities shall be 50 percent and shall be 
nonreimbursable. The temperature control device and associated 
temperature monitoring facilities shall be operated by the non-
Federal facility owner at its expense in coordination with the 
Central Valley Project for the benefit and propagation of 
Chinook salmon and steelhead trout in the American River, 
California.''.
    (b) Section 1(c) of Public Law 105-295 (112 Stat. 2820) is 
amended by striking ``$1,000,000'' and inserting 
``$3,500,000''.
    Sec. 220. Not subject to fiscal year limitation, the 
Secretary of the Interior is hereafter authorized to implement, 
and enter into financial assistance or other agreements as may 
be necessary to undertake such activities identified for 
implementation (including construction) generally in accordance 
with section III of, and the Pumping/Dam Removal Plan as 
defined in, United States District Court Consent Decree 
``United States, et al., v.Grants Pass Irrigation District, 
Civil No. 98-3034-HO'' (August 27, 2001). There are authorized to be 
appropriated such sums as may be necessary to carry out this provision, 
and activities conducted under this provision shall be nonreimbursable 
and nonreturnable.
    Sec. 221. Extension of Certain Irrigation Project 
Contracts. Section 2 of the Irrigation Project Contract 
Extension Act of 1998 (112 Stat. 2816, 114 Stat. 1441, 1441A-
70) is amended--
            (1) in subsection (a), by striking ``December 31, 
        2003'' and inserting ``December 31, 2005''; and
            (2) in subsection (b)--
                    (A) in the first sentence, by striking 
                ``beyond December 31, 2003'' and inserting 
                ``beyond December 31, 2005''; and
                    (B) in the second sentence, by striking 
                ``prior to December 31, 2003'' and inserting 
                ``before December 31, 2005''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

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

                Non-Defense Site Acceleration Completion

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other expenses necessary for non-defense environmental 
management site acceleration activities in carrying out the 
purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $163,375,000, to 
remain available until expended.

                   Non-Defense Environmental Services

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

      Uranium Enrichment Decontamination and Decommissioning Fund

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

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, 
and other expenses necessary for science activities in carrying 
out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or facility or for plant or 
facility acquisition, construction, or expansion, and purchase 
of not to exceed 15 passenger motor vehicles for replacement 
only, including not to exceed one ambulance, $3,451,700,000, to 
remain available until expended.

                         Nuclear Waste Disposal

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

                      Departmental Administration

                     (INCLUDING TRANSFER OF FUNDS)

    For salaries and expenses of the Department of Energy 
necessary for departmental administration in carrying out the 
purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the hire of passenger motor 
vehicles and official reception and representation expenses 
(not to exceed $35,000), $216,533,000, to remain available 
until expended, plus such additional amounts as necessary to 
cover increases in the estimated amount of cost of work for 
others notwithstanding the provisions of the Anti-Deficiency 
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in 
cost of work are offset by revenue increases of the same or 
greater amount, to remain available until expended: Provided 
further, That moneys received by the Department for 
miscellaneous revenues estimated to total $123,000,000 in 
fiscal year 2004 may be retained and used for operating 
expenses within this account, and may remain available until 
expended, as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by 
the amount of miscellaneous revenues received during fiscal 
year 2004, and any related unappropriated receipt account 
balances remaining from prior years' miscellaneous revenues, so 
as to result in a final fiscal year 2004 appropriation from the 
general fund estimated at not more than $93,533,000.

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

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

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other incidental expenses necessary for atomic energy defense, 
defense nuclear nonproliferation activities, in carrying out 
the purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $1,327,612,000, to 
remain available until expended.

                             Naval Reactors

    For Department of Energy expenses necessary for naval 
reactors activities to carry out the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition (by purchase, condemnation, construction, or 
otherwise) of real property, plant, and capital equipment, 
facilities, and facility expansion, and the purchase of not to 
exceed one bus; $766,400,000, to remain available until 
expended.

                      Office of the Administrator

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                  Defense Site Acceleration Completion

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

                     Defense Environmental Services

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

                        Other Defense Activities

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

                     Defense Nuclear Waste Disposal

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

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

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

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of 
power transmission facilities and of marketing electric power 
and energy, including transmission wheeling and ancillary 
services, pursuant to the provisions of section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the 
southeastern power area, $5,100,000, to remain available until 
expended; in addition, notwithstanding the provisions of 31 
U.S.C. 3302, up to $19,000,000 collected by the Southeastern 
Power Administration pursuant to the Flood Control Act to 
recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase power 
and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of 
power transmission facilities and of marketing electric power 
and energy, for construction and acquisition of transmission 
lines, substations and appurtenant facilities, and for 
administrative expenses, including official reception and 
representation expenses in an amount not to exceed $1,500 in 
carrying out the provisions of section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power area, $28,600,000, to remain available until expended: 
Provided, That, notwithstanding the provisions of 31 U.S.C. 
3302, up to $1,512,000 collected by the Southwestern Power 
Administration pursuant to the Flood Control Act to recover 
purchase power and wheeling expenses shall be credited to this 
account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and 
wheeling expenditures; in addition, notwithstanding 31 U.S.C. 
3302, beginning in fiscal year 2004 and thereafter, such funds 
as are received by the Southwestern Power Administration from 
any State, municipality, corporation, association, firm, 
district, or individual as advance payment for work that is 
associated with Southwestern's transmission facilities, 
consistent with that authorized in section 5 of the Flood 
Control Act, shall be credited to this account and be available 
until expended.

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

    For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
7152), and other related activities including conservation and 
renewable resources programs as authorized, including official 
reception and representation expenses in an amount not to 
exceed $1,500, $177,950,000, to remain available until 
expended, of which $167,236,000 shall be derived from the 
Department of the Interior Reclamation Fund: Provided, That of 
the amount herein appropriated, $6,200,000 is for deposit into 
the Utah Reclamation Mitigation and Conservation Account 
pursuant to title IV of the Reclamation Projects Authorization 
and Adjustment Act of 1992: Provided further, That 
notwithstanding the provision of 31 U.S.C. 3302, up to 
$162,108,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation 
Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting 
collections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expenditures: 
Provided further, That the $750,000 that is made available 
under this heading for a transmission study on the placement of 
500 megawatt wind energy in North Dakota and South Dakota may 
be nonreimbursable: Provided further, That, in accordance with 
section 203 of the Colorado River Basin Salinity Control Act 
(43 U.S.C. 1593), electrical power supply and delivery 
assistance may be provided to the local distribution utility as 
required to maintain proper voltage levels at the Big Sandy 
River Diffuse Source Control Unit.

           Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission

                         SALARIES AND EXPENSES

    For necessary expenses of the Federal Energy Regulatory 
Commission to carry out the provisions of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including 
services as authorized by 5 U.S.C. 3109, the hire of passenger 
motor vehicles, and official reception and representation 
expenses (not to exceed $3,000), $204,400,000, to remain 
available until expended: Provided, That notwithstanding any 
other provision of law, not to exceed $204,400,000 of revenues 
from fees and annual charges, and other services and 
collections in fiscal year 2004 shall be retained and used for 
necessary expenses in this account, and shall remain available 
untilexpended: Provided further, That the sum herein 
appropriated from the general fund shall be reduced as revenues are 
received during fiscal year 2004 so as to result in a final fiscal year 
2004 appropriation from the general fund estimated at not more than $0.

             Defense Environmental Management Privatization

                              (RESCISSION)

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

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

    Sec. 301. (a)(1) None of the funds in this or any other 
appropriations Act for fiscal year 2004 or any previous fiscal 
year may be used to make payments for a noncompetitive 
management and operating contract unless the Secretary of 
Energy, not later than 60 days after the date of the enactment 
of this Act, publishes in the Federal Register and submits to 
the Committees on Appropriations of the House of 
Representatives and the Senate a written notification, with 
respect to each such contract, of the Secretary's decision to 
use competitive procedures for the award of the contract, or to 
not renew the contract, when the term of the contract expires.
    (2) Notwithstanding paragraph (1), the Secretary of Energy 
may use appropriated funds to maintain operations of 
noncompetitive management and operating contracts as necessary 
during the 60-day period beginning on the date of the enactment 
of this Act.
    (3) Paragraph (1) does not apply to an extension for up to 
2 years of a noncompetitive management and operating contract, 
if the extension is for purposes of allowing time to award 
competitively a new contract, to provide continuity of service 
between contracts, or to complete a contract that will not be 
renewed.
    (b) In this section:
            (1) The term ``noncompetitive management and 
        operating contract'' means a contract that was awarded 
        more than 50 years ago without competition for the 
        management and operation of Ames Laboratory, Argonne 
        National Laboratory, Lawrence Berkeley National 
        Laboratory, Lawrence Livermore National Laboratory, and 
        Los Alamos National Laboratory.
            (2) The term ``competitive procedures'' has the 
        meaning provided in section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403) and includes 
        procedures described in section 303 of the Federal 
        Property and Administrative Services Act of 1949 (41 
        U.S.C. 253) other than a procedure that solicits a 
        proposal from only one source.
    Sec. 302. None of the funds appropriated by this Act may be 
used to--
            (1) develop or implement a workforce restructuring 
        plan that covers employees of the Department of Energy; 
        or
            (2) provide enhanced severance payments or other 
        benefits for employees of the Department of Energy, 
        under section 3161 of the National Defense 
        Authorization Act for Fiscal Year 1993 (Public Law 102-
        484; 42 U.S.C. 7274h).
    Sec. 303. None of the funds appropriated by this Act may be 
used to augment the $13,400,000 made available for obligation 
by this Act for severance payments and other benefits and 
community assistance grants under section 3161 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 42 U.S.C. 7274h) unless the Department of Energy submits a 
reprogramming request subject to approval by the appropriate 
congressional committees.
    Sec. 304. None of the funds appropriated by this Act may be 
used to prepare or initiate Requests For Proposals (RFPs) for a 
program if the program has not been funded by Congress.

                   (TRANSFERS OF UNEXPENDED BALANCES)

    Sec. 305. The unexpended balances of prior appropriations 
provided for activities in this Act may be transferred to 
appropriation accounts for such activities established pursuant 
to this title. Balances so transferred may be merged with funds 
in the applicable established accounts and thereafter may be 
accounted for as one fund for the same time period as 
originally enacted.
    Sec. 306. None of the funds in this or any other Act for 
the Administrator of the Bonneville Power Administration may be 
used to enter into any agreement to perform energy efficiency 
services outside the legally defined Bonneville service 
territory, with the exception of services provided 
internationally, including services provided on a reimbursable 
basis, unless the Administrator certifies in advance that such 
services are not available from private sector businesses.
    Sec. 307. When the Department of Energy makes a user 
facility available to universities and other potential users, 
or seeks input from universities and other potential users 
regarding significant characteristics or equipment in a user 
facility or a proposed user facility, the Department shall 
ensure broad public notice of such availability or such need 
for input to universities and other potential users. When the 
Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department 
shall employ full and open competition in selecting such a 
partner. For purposes of this section, the term ``user 
facility'' includes, but is not limited to: (1) a user facility 
as described in section 2203(a)(2) of the Energy Policy Act of 
1992 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security 
Administration Defense Programs Technology Deployment Center/
User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility.
    Sec. 308. The Administrator of the National Nuclear 
Security Administration may authorize the manager of a covered 
nuclear weapons research, development, testing or production 
facility to engage in research, development, and demonstration 
activities with respect to the engineering and manufacturing 
capabilities at such facility in order to maintain and enhance 
such capabilities at such facility: Provided, That of the 
amount allocated to a covered nuclear weapons facility each 
fiscal year from amounts available to the Department of Energy 
for such fiscal year for national security programs, not more 
than an amount equal to 2 percent of such amount may be used 
for these activities: Provided further, That for purposes of 
this section, the term ``covered nuclear weapons facility'' 
means the following:
            (1) the Kansas City Plant, Kansas City, Missouri;
            (2) the Y-12 Plant, Oak Ridge, Tennessee;
            (3) the Pantex Plant, Amarillo, Texas;
            (4) the Savannah River Plant, South Carolina; and
            (5) the Nevada Test Site.
    Sec. 309. Funds appropriated by this or any other Act, or 
made available by the transfer of funds in this Act, for 
intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2004 until the enactment of the Intelligence Authorization 
Act for fiscal year 2004.
    Sec. 310. None of the funds in this Act may be used to 
dispose of transuranic waste in the Waste Isolation Pilot Plant 
which contains concentrations of plutonium in excess of 20 
percent by weight for the aggregate of any material category on 
the date of enactment of this Act, or is generated after such 
date. For the purposes of this section, the material categories 
of transuranic waste at the Rocky Flats Environmental 
Technology Site include: (1) ash residues; (2) salt residues; 
(3) wet residues; (4) direct repackage residues; and (5) scrub 
alloy as referenced in the ``Final Environmental Impact 
Statement on Management of Certain Plutonium Residues and Scrub 
Alloy Stored at the Rocky Flats Environmental Technology 
Site''.
    Sec. 311. (a) The Secretary of Energy is directed to file a 
permit modification to the Waste Analysis Plan (WAP) and 
associated provisions contained in the Hazardous Waste Facility 
Permit for the Waste Isolation Pilot Plant (WIPP). For purposes 
of determining compliance of the modifications to the WAP with 
the hazardous waste analysis requirements of the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.), or other applicable laws 
waste confirmation for all waste received for storage and 
disposal shall be limited to; (1) confirmation that the waste 
contains no ignitable, corrosive, or reactive waste through the 
use of either radiography or visual examination of a 
statistically representative subpopulation of the waste; and 
(2) review of the Waste Stream Profile Form to verify that the 
waste contains no ignitable, corrosive, or reactive waste and 
that assigned Environmental Protection Agency hazardous waste 
numbers are allowed for storage and disposal by the WIPP 
Hazardous Waste Facility Permit.
    (b) Compliance with the disposal room performance standards 
of the WAP shall be demonstrated exclusively by monitoring 
airborne volatile organic compounds in underground disposal 
rooms in which waste has been emplaced until panel closure.
    Sec. 312. Notwithstanding any other provision of law, the 
material in the concrete silos at the Fernald uranium 
processing facility currently managed by the Department of 
Energy and the ore processing residual materials in the Niagara 
Falls Storage Site subsurface waste containment structure 
managed by the United States Army Corps of Engineers under the 
Formerly Utilized Sites Remedial Action Program shall be 
considered ``byproduct material'' as defined by section 11e.(2) 
of the Atomic Energy Act of 1954, as 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) 
byproduct material'' for the purpose of disposition of the 
material in an NRC-regulated or Agreement State-regulated 
facility.
    Sec. 313. No funds appropriated or otherwise made available 
under this title under the heading ``ATOMIC ENERGY DEFENSE 
ACTIVITIES'' may be obligated or expended for additional and 
exploratory studies under the Advanced Concepts Initiative 
until 30 days after the date on which the Administrator for 
Nuclear Security submits to Congress a detailed report on the 
planned activities for additional and exploratory studies under 
the initiative for fiscal year 2004. The report shall be 
submitted in unclassified form, but may include a classified 
annex.
    Sec. 314. Martin's Cove Lease. (a) Definitions.--In this 
section:
            (1) Bureau of land management.--The term ``Bureau 
        of Land Management'', hereafter referred to as the 
        ``BLM'', means an agency of the Department of the 
        Interior.
            (2) Corporation.--The term ``Corporation'' means 
        the Corporation of the Presiding Bishop of The Church 
        of Jesus Christ of Latter-day Saints, located at 50 
        East North Temple Street, Salt Lake City, Utah.
            (3) Martin's cove.--The term ``Martin's Cove'' 
        means the area, consisting of approximately 940 acres 
        of public lands in Natrona County, Wyoming as depicted 
        on the Martin's Cove map numbered MC-001.
            (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
    (b) Lease.--
            (1) In general.--Not later than 120 days after the 
        date of enactment of this Act, the Secretary shall 
        enter into an agreement with the Corporation to lease, 
        for a term of 25 years, approximately 940 acres of 
        Federal land depicted on the Martin's Cove map MC-001. 
        The Corporation shall retain the right of ingress and 
        egress in, from and to any part of the leasehold for 
        its use and management as an important historical site.
            (2) Terms and conditions.--
                    (A) Survey.--As a condition of the 
                agreement under paragraph (1), the Corporation 
                shall provide a boundary survey to the 
                Secretary, acceptable to the Corporation and 
                the Secretary, of the parcels of land to be 
                leased under paragraph (1).
                    (B) Access.--
                            (i) In general.--The Secretary and 
                        the Corporation shall enter into a 
                        lease covenant, binding on any 
                        successor or assignee that ensures 
                        that, consistent with the historic 
                        purposes of the site, public access 
                        will be provided across private land 
                        owned by the Corporation to Martin's 
                        Cove and Devil's Gate. Access shall--
                                    (I) ensure public 
                                visitation for historic, 
                                educational and scenic purposes 
                                through private lands owned by 
                                the Corporation to Martin's 
                                Cove and Devil's Gate;
                                    (II) provide for public 
                                education, ecologic and 
                                preservation at the Martin's 
                                Cove site;
                                    (III) be provided to the 
                                public without charge; and
                                    (IV) permit the 
                                Corporation, in consultation 
                                with the BLM, to regulate entry 
                                as may be required to protect 
                                the environmental and historic 
                                values of the resource at 
                                Martin's Cove or at such times 
                                as necessitated by weather 
                                conditions, matters of public 
                                safety and nighttime hours.
                    (C) Improvements.--The Corporation may, 
                upon approval of the BLM, improve the leasehold 
                as may become necessary from time to time in 
                order to accommodate visitors to the leasehold.
                    (D) Archaeological preservation.--The 
                Corporation shall have the obligation to 
                protect and maintain any historical or 
                archaeological artifacts discovered or 
                otherwise identified at Martin's Cove.
                    (E) Visitation guidelines.--The Corporation 
                may establish, in consultation with the BLM, 
                visitation guidelines with respect to such 
                issues as firearms, alcoholic beverages, and 
                controlled substances and conduct consistent 
                with the historic nature of the resource, and 
                to protect public health and safety.
                    (F) No abridgement.--The lease shall not be 
                subject to abridgement, modification, 
                termination, or other taking in the event any 
                surrounding area is subsequently designated as 
                a wilderness or other protected areas. The 
                lease shall contain a provision limiting the 
                ability of the Secretary from administratively 
                placing Martin's Cove in a restricted land 
                management status such as a Wilderness Study 
                Area.
                    (G) Right of first refusal.--The 
                Corporation shall be granted a right of first 
                refusal to lease or otherwise manage Martin's 
                Cove in the event the Secretary proposes to 
                lease or transfer control or title of the land 
                to another party.
                    (H) Fair market value lease payments.--The 
                Corporation shall make lease payments which 
                reflect the fair market rental value of the 
                public lands to be leased, provided however, 
                such lease payments shall be offset by value of 
                the public easements granted by the Corporation 
                to the Secretary across private lands owned by 
                the Corporation for access to Martin's Cove and 
                Devil's Gate.
                    (I) Renewal.--The Secretary may offer to 
                renew such lease on terms which are mutually 
                acceptable to the parties.
    (c) Mineral Withdrawal.--The Secretary shall retain the 
subsurface mineral estate under the 940 acres under the 
leasehold. The 940 acres described in subsection (a)(3) are 
hereby withdrawn from mining location and from all forms of 
entry, appropriation, and disposal under the public land laws.
    (d) No Precedent Set.--This Act does not set a precedent 
for the terms and conditions of leases between or among private 
entities and the United States.
    (e) Valid and Existing Rights.--The Lease provided for 
under this section shall be subject to valid existing rights 
with respect to any lease, right-of-way, permit,or other valid 
existing rights to which the property is subject.
    (f) Availability of Map.--The Secretary shall keep the map 
identified in this section on file and available for public 
inspection in the Casper District Office of the BLM in Wyoming 
and the State Office of the BLM, Cheyenne, Wyoming.
    (g) NEPA Compliance.--The Secretary shall comply with the 
provisions of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) in carrying out this section.
    Sec. 315. Reinstatement and Transfer of the Federal License 
for Project No. 2696. (a) Definitions.--
            (1) Commission.--The term ``Commission'' means the 
        Federal Energy Regulatory Commission.
            (2) Town.--The term ``town'' means the town of 
        Stuyvesant, New York, the holder of Federal Energy 
        Regulatory Commission Preliminary Permit No. 11787.
    (b) Reinstatement and Transfer.--Notwithstanding section 8 
of the Federal Power Act (16 U.S.C. 801) or any other provision 
of that Act, the Commission shall, not later than 30 days after 
the date of enactment of this Act--
            (1) reinstate the license for Project No. 2696; and
            (2) transfer the license to the town.
    (c) Hydroelectric Incentives.--Project No. 2696 shall be 
entitled to the full benefit of any Federal law that--
            (1) promotes hydroelectric development; and
            (2) that is enacted within 2 years before or after 
        the date of enactment of this Act.
    (d) Co-Licensee.--Notwithstanding the issuance of a 
preliminary permit to the town and any consideration of 
municipal preference, the town may at any time add as a co-
licensee to the reinstated license a private or public entity.
    (e) Project Financing.--The town may receive loans under 
sections 402 and 403 of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2702, 2703) or similar programs for the 
reimbursement of the costs of any feasibility studies and 
project costs incurred during the period beginning on January 
1, 2001 and ending on December 31, 2006.
    (f) Energy Credits.--Any power produced by the project 
shall be deemed to be incremental hydropower for purposes of 
qualifying for energy credits or similar benefits.
    Sec. 316. Of the funds made available in this Act for 
Defense Environmental Services, $1,000,000 shall be provided to 
the State of Nevada solely for expenditures, other than 
salaries and expenses of State employees, to conduct scientific 
oversight responsibilities and participate in licensing 
activities pursuant to the Nuclear Waste Policy Act of 1982, 
Public Law 97-425, as amended: Provided, That $4,000,000 shall 
be provided to affected units of local governments, as defined 
in Public Law 97-425, to conduct appropriate activities 
pursuant to the Act: Provided further, That the distribution of 
the funds as determined by the units of local government shall 
be approved by the Department of Energy: Provided further, That 
the funds for the State of Nevada shall be made available 
solely to the Nevada Division of Emergency Management by direct 
payment and units of local government by direct payment: 
Provided further, That within 90 days of the completion of each 
Federal fiscal year, the Nevada Division of Emergency 
Management and the Governor of the State of Nevada and each 
local entity shall provide certification to the Department of 
Energy that all funds expended from such payments have been 
expended for activities authorized by Public Law 97-425 and 
this Act. Failure to provide such certification shall cause 
such entity to be prohibited from any further funding provided 
for similar activities: Provided further, That none of the 
funds herein appropriated may be: (1) used directly or 
indirectly to influence legislative action on any matter 
pending before Congress or a State legislature or for lobbying 
activity as provided in 18 U.S.C. 1913; (2) used for litigation 
expenses; or (3) used to support multi-State efforts or other 
coalition building activities inconsistent with the 
restrictions contained in this Act: Provided further, That all 
proceeds and recoveries realized by the Secretary in carrying 
out activities authorized by the Nuclear Waste Policy Act of 
1982, Public Law 97-425, as amended, including but not limited 
to, any proceeds from the sale of assets, shall be available 
without further appropriation and shall remain available until 
expended.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized 
by the Appalachian Regional Development Act of 1965, as 
amended, for necessary expenses for the Federal Co-Chairman and 
the alternate on the Appalachian Regional Commission, for 
payment of the Federal share of the administrative expenses of 
the Commission, including services as authorized by 5 U.S.C. 
3109, and hire of passenger motor vehicles, $66,000,000, to 
remain available until expended.

                Defense Nuclear Facilities Safety Board

                         SALARIES AND EXPENSES

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

                        Delta Regional Authority

                         SALARIES AND EXPENSES

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

                           Denali Commission

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

                     Nuclear Regulatory Commission

                         SALARIES AND EXPENSES

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

                      Office of Inspector General

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

                  Nuclear Waste Technical Review Board

                         SALARIES AND EXPENSES

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

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be 
used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress, other than to communicate to 
Members of Congress as described in 18 U.S.C. 1913.
    Sec. 502. (a) Purchase of American-Made Equipment and 
Products.--It is the sense of the Congress that, to the 
greatest extent practicable, all equipment and products 
purchased with funds made available in this Act should be 
American-made.
    (b) Notice Requirement.--In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a 
notice describing the statement made in subsection (a) by the 
Congress.
     (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined 
by a court or Federal agency that any person intentionally 
affixed a label bearing a ``Made in America'' inscription, or 
any inscription with the same meaning, to any product sold in 
or shipped to the United States that is not made in the United 
States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 
48, Code of Federal Regulations.
    Sec. 503. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this Act or any 
other appropriation Act.
    Sec. 504. Clarification of Indemnification To Promote 
Economic Development. (a) Subsection (b)(2) of section 3158 of 
the National Defense Authorization Act for Fiscal Year 1998 (42 
U.S.C. 7274q(b)(2)) is amended by adding the following after 
subparagraph (C):
                    ``(D) Any successor, assignee, transferee, 
                lender, or lessee of a person or entity 
                described in subparagraphs (A) through (C).''.
    (b) The amendment made by section 506, as amended by this 
section, is effective as of the date of enactment of the 
National Defense Authorization Act for Fiscal Year 1998.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2004''.
    And the Senate agree to the same.

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

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

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

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

      The summary tables at the end of this title set forth the 
conference agreement with respect to the individual 
appropriations, programs, and activities of the Corps of 
Engineers. Additional items of the conference agreement are 
discussed below.
      The conferees remain concerned about the inadequate 
budget requests for water resources programs of the U.S. Army 
Corps of Engineers. The budget request for fiscal year 2004 is 
about $450,000,000 less than the amount appropriated to the 
Corps in fiscal year 2003. If the proposed budget request were 
enacted, the Corps would be forced to terminate ongoing 
construction contracts costing the government some $200,000,000 
in termination fees, demobilization costs, and delays in 
project schedules.
      Over the years, the conferees have granted the Corps of 
Engineers great latitude to reprogram funds from studies, 
construction projects, and maintenance activities which are 
either delayed or are being terminated to those where the funds 
can be effectively used to keep projects moving and accelerate 
completion. The conferees believe that the ability to reprogram 
funds is essential to the Corps' ability to effectively manage 
its program. Accordingly, the conferees were very concerned to 
learn that the Corps of Engineers has not been reprogramming 
funds from a number of projects that are obviously not moving 
forward. It has been and continues to be the intent of the 
conferees that when any project is not moving forward, the 
Corps of Engineers look to reprogram the funds appropriatedfor 
that project to one where the funds can be effectively utilized unless 
explicitly instructed not to do so by the Committees on Appropriations.
      The conferees are aware that the Corps of Engineers may 
choose not to reprogram funds out of some inactive or slow-
moving projects because of the reluctance of the member who 
requested funding to see it moved. The conferees expect that 
funds moved out of any authorized project would be restored to 
that project once obstacles to its progress had been resolved, 
and urge that the Corps should not let these objections stand 
in the way of using scarce funding where it is most needed. In 
order to better assess this ``hoarding'' problem, the conferees 
direct the Corps of Engineers to submit to the Committees on 
Appropriations of the House and the Senate, by May 1st of 2004, 
a report as to the ``carried over'' funds on hand at the 
beginning of fiscal 2004, by project, and the details of all 
reprogramming actions from carried over funds in the first six 
months of fiscal 2004.
      The conferees are aware that the Corps of Engineers has 
exercised its existing authorities to take advantage of a good 
construction season and as a result, has been executing its 
construction program at an increased rate using funds available 
from under-performing projects. Though the conferees understand 
that the Federal government yields benefits and cost savings 
when a project is completed ahead of schedule, the conferees 
are very concerned about the Corps responding to contractor 
demands for higher execution rates at the expense of those 
projects that the Congress has determined reflect the Nation's 
priorities. Therefore, the conferees direct the Corps, within 
90 days of enactment of this Act, to submit a report that 
outlines the Corps' processes and procedures for determining 
and evaluating which projects are under-performing and how the 
resulting unobligated funds are transferred to a project which 
is executing at a rate higher than anticipated. The conferees 
note as well, that some projects have fared very well when 
contractors are able to accelerate work; in fiscal years 2002 
and 2003, some $30,000,000 was reprogrammed into just one such 
project from others. The Corps of Engineers has explained that 
this reprogramming results from their policy of allowing 
contractors to choose their own pace for work on continuing 
contracts, with the option to work on deferred payment terms, 
and sometimes to collect interest, when money appropriated for 
a given fiscal year is exhausted. The conferees admonish the 
Corps to curtail this practice, which amounts to allowing 
contractors to make many of its most crucial fiscal management 
decisions, and to include in the report required above the 
status of continuing construction contracts.
      The conferees are also concerned that Corps of Engineers' 
technical and planning capabilities have diminished over the 
past decade. This diminished capability has been evident in 
recent controversial studies such as the Upper Mississippi 
River and Illinois Waterway System Navigation Study and the 
Delaware River Deepening Study. The conferees urge the Corps of 
Engineers to review ways in which it can improve this 
capability, to include concentrating its technical and planning 
expertise in regional centers. The conferees believe that there 
is much the Corps can do to leverage its highly skilled 
workforce in an effort to better utilize their expertise on a 
national level. With constrained budgets and ever-changing 
technology, the current work environment lends itself well to 
the movement of knowledge and information across great 
distances in a matter of minutes. Therefore, the conferees 
remain committed to the concept of the regional centers because 
they will enable the Corps to maximize its expertise across the 
country over a wide variety of projects and problems just by 
tapping its own resources. Though many problems are 
regionalized, many of their solutions are not. With the 
implementation of regional centers the Corps will be able to 
manage the agency's workload across the Nation rather than just 
in a district or division.

                         GENERAL INVESTIGATIONS

      The conference agreement appropriates $116,949,000 for 
General Investigations instead of $117,788,000 as proposed by 
the House and $131,700,000 as proposed by the Senate.
      The conference agreement provides $150,000 for the 
completion of an environmental assessment on the Tonto Creek in 
Tonto Basin element of the Gila River and Tributaries, Arizona, 
project.
      Funds for the American River Watershed (Folsom Dam Mini-
Raise), California, project are included in the Construction, 
General account.
      The conferees have provided $100,000 for the Corps of 
Engineers to continue investigations of environmental 
infrastructure issues for the City of Norwalk, California.
      The conferees have provided $1,100,000 for the 
Sacramento-San Joaquin Delta, California, study including 
$350,000 for a reconnaissance study to evaluate environmental 
restoration, flood protection, recreation, and related purposes 
for the California Bay-Delta Authority North Delta Improvements 
project, and $500,000 to initiate and complete a reconnaissance 
study to prioritize and evaluate environmental restoration, 
flood protection and related purposes for the Delta Islands and 
Levees. The remaining funding is provided for the Delta Special 
Study.
      The conference agreement provides $1,500,000 for the 
Sacramento-San Joaquin River Basins Comprehensive Study in 
California, including funds to initiate and complete three 
$100,000 reconnaissance studies to evaluate environmental 
restoration, flood protection, and related purposes for the 
Lower San Joaquin River, USACE Reservoir Re-Operation, and 
Butte Basin, and $500,000 to initiate a feasibility study for 
the Mokelumne River, Calaveras River, and Stanislaus River 
Watersheds in Calaveras County.
      The conferees urge the Secretary of the Army to continue 
planning and preconstruction engineering and design efforts on 
the Sacramento-San Joaquin River Basins Comprehensive Study-
Hamilton City Flood Damage Reduction and Ecosystem Restoration 
Initial Project and to include in the study an area extending 
from 2 miles due north to 4 miles due south of State Highway 
32, and extending at least 1.2 miles due south of Road 23. The 
study should incorporate locally preferred options that provide 
protection to agricultural lands on the southern end of the 
study area, as well as residential properties in Hamilton City, 
while providing opportunities for ecosystem restoration. In 
addition, the conferees support the efforts of the non-Federal 
sponsors to receive credit toward the non-Federal cost share 
for work, including ecosystem restoration work, determined by 
the Corps to be integral to the project, that is carried out by 
non-Federal sponsors or their partners after the completion of 
the final report--even if such work is carried out prior to the 
date of the project cost share agreement.
      The conferees direct the Secretary of the Army to conduct 
a feasibility study with respect to shoreline stabilization of 
Egmont Key, Florida, which is threatened by erosion. The 
conferees further direct that the study shall be completed at 
full Federal expense, notwithstanding the conclusions of the 
initial reconnaissance report.
      The conferees direct that the Secretary use any remaining 
funds heretofore appropriated and made available in Public Law 
106-316, for construction of the Savannah Harbor Deepening 
Project, Savannah, Georgia, for the Savannah Harbor Expansion 
Project, Savannah, Georgia.
      The conferees have moved funding previously provided by 
the House under General Investigations for riverfront 
restoration project at Fort Dodge, Iowa, to Construction, 
General under the already existing Des Moines Recreation River 
and Greenbelt authority. The conferees understand that moving 
the funds to Construction, General under the Greenbelt 
authorization, will allow the Corps of Engineers to continue to 
work at Fort Dodge with greater flexibility and speed.
      The conferees have removed funding previously proposed 
under General Investigations for Turkey Creek Basin, Kansas and 
Missouri, and provided $500,000 for this project under 
Construction, General.
      The conferees have provided additional funding above the 
Administration's request for the Upper Mississippi and Illinois 
Navigation Study with the intent that the Corps of Engineers 
diligently work to complete this critical study.
      The conferees have included $2,500,000 for the Louisiana 
Coastal Area Ecosystem Restoration study to allow for 
initiation of project implementation reports. The conferees 
remain very concerned about the progress of this study and that 
the Corps may not be maintaining the rigor required for such a 
study. Therefore, the conferees direct the Corps to provide a 
report no later than 60 days after the enactment of this Act, 
on the study's progress and how it plans to refocus this 
critical effort.
      The conference agreement includes $200,000 to initiate 
one or more of a number of feasibility studies identified in 
the reconnaissance phase of the Middle Potomac Watershed study, 
Maryland and Virginia. It is the intent of the conferees that 
the Holmes Run watershed in Virginia continues to be within the 
scope of this study. In addition, the conference agreement 
includes, within available funds, $100,000 for the Corps of 
Engineers to identify flood mitigation measures to protect the 
City of Alexandria, Virginia from future storm surges and 
flooding.
      The conferees have provided $800,000 to initiate the 
feasibility phase of the Eastern Shore--Mid Chesapeake Bay 
Island, Maryland project, which will focus on the use of 
dredged material to restore and expand the habitat of a variety 
of animal life. It is the intent of the conferees that this 
funding be used for the identification and study of existing 
islands in need of restoration, and not artificial islands.
      In order to optimize needed coordination with highway 
work being performed by the State of Nebraska, the conferees 
direct the Secretary of the Army to work closely with the local 
sponsor on the Sand Creek Environmental Restoration, Nebraska 
project, accepting advance funds offered by the sponsor, and 
agreeing to credits and reimbursements, as appropriate, for 
work done by the sponsor, including work performed in 
connection with the design and construction of seven upstream 
detention storage structures.
      The conference agreement includes $350,000 for the Lower 
Las Vegas Wash Wetlands, Nevada, project and $150,000 for 
Technical Assistance for Tahoe Regional Planning, Nevada.
      The conferees understand that there exists some confusion 
regarding the Passaic River, New Jersey, Environmental 
Restoration study and the Hudson Raritan Estuary-Lower Passaic 
River, New Jersey, study. The Passaic River, New Jersey 
Environmental Restoration study, in the past, has been referred 
to as the Lower Passaic, New Jersey study and use of this 
latter reference should be discontinued. The conferees further 
note that the Passaic River, New Jersey, Environmental 
Restoration study is a separate and distinct effort from the 
ongoing Hudson Raritan Estuary-Lower Passaic River, New Jersey, 
study.
      The conferees have included $500,000 for the 
preconstruction, engineering, and design for the Upper Passaic 
River and Tributaries, New Jersey project and moved this 
project from General Investigations to Section 205 of the 
Continuing Authorities Program under Construction, General.
      The conference agreement includes language, proposed by 
the House, regarding credits for the sponsors of the Ohio 
Riverfront, Cincinnati, Ohio, project.
      The conferees expect the Secretary of the Army to review 
the Corps of Engineers report on the Nueces River, Texas 
published as House Document 235, Sixty-third Congress, 1st 
Session and other pertinent reports, to determine the 
feasibility of measures for improvements to address water 
resources needs of Texas within the Nueces River basin in the 
interest of comprehensive watershed and stream corridor 
management, including flood damage reduction, ecosystem 
restoration and protection, water conservation and supply, 
water quality, aquifer recharge, and other allied purposes. The 
review should coordinate and integrate ongoing study efforts 
within the basin.
      The conference agreement deletes language, proposed by 
the Senate regarding the Park City Water Supply Infrastructure, 
Utah, project. Funding for this work is included in the amount 
appropriated for the Bureau of Reclamation under the Water and 
Related Resources account.
      In light of the damage done to the area by Hurricane 
Isabel, the conferees have included $100,000 to continue 
preconstruction engineering and design for the Vicinity of 
Willoughby Spit, Norfolk, Virginia, project.
      The conference agreement does not include funds in this 
account for the Duwamish and Green River, Washington, project. 
Funds for this project are included in the Construction, 
General account.
      The conference agreement includes $7,500,000 for the 
Flood Plain Management Services Program. Within the funds 
provided, the conferees expect the Corps of Engineers to 
undertake the activities described in the House and Senate 
Reports, including $500,000 to advance development of the 
geographic information system for flood plain management in 
East Baton Rouge, Louisiana.
      The conferees have included $400,000 within available 
funds under the Other Coordination Programs for the Corps of 
Engineers to provide programmatic support to Lake Tahoe 
restoration activities, including coordination with the Federal 
Interagency Partnership and the Tahoe Regional Planning Agency, 
to implement the Environmental Improvement Program.
      The conference agreement includes $6,500,000 for the 
Planning Assistance to States Program. Within the funds 
provided for this program, the conferees expect the Corps of 
Engineers to undertake the activities described in the House 
and Senate Reports including providing assistance to Salcha, 
Alaska as outlined in the Senate Report. The conferees have 
also included $100,000 for the Corps of Engineers to prepare 
the Arkansas River Corridor Plan in Oklahoma; and $200,000 for 
Georgetown and Williamsburg Counties, South Carolina.
      The conferees include $100,000 to continue the 
feasibility phase of the Tujunga Wash environmental restoration 
project in Studio City, California. In addition, the conferees 
provide $200,000 for the Corps to advance the Tujunga Wash, 
California, ecosystem restoration project under the Section 
1135 Continuing Authorities Program in the Construction, 
General account. Additionally, the Corps is expected to 
complete the feasibility phase of the Long Lake, Indiana, 
project with funding from the Section 206, Continuing 
Authorities Program in the Construction, General account.
      The conferees have not provided funding requested by the 
Administration for the Ex Post Facto National Study or the 
Independent Review National Study. The conferees understand 
that studies of this sort are among the concerns of the 
authorizing committees and are under discussion. The Corps 
should not undertake such studies with any funds made available 
until the authorizers have made clear their policies and 
intentions in future law.
      Within the funds provided for the Corps of Engineers 
Research and Development Program, $1,000,000 is provided for 
innovative technology demonstrations for urban flooding and 
channel restoration. These demonstrations shall be conducted in 
close coordination and cooperation with the Urban Water 
Research Program of the Desert Research Institute of Nevada. 
The conferees encourage the Corps of Engineers to continue its 
work in the area of Submerged Aquatic Vegetation or 
``seagrasses'' and restoration efforts in the Chesapeake Bay, 
Maryland.
      The conferees are also aware of the potential benefits of 
incorporating modular plastic belting technology into fish 
screen devices. Accordingly, the conferees ask the Corps of 
Engineers to consider evaluating the technology's operational 
and cost benefits and to consider its deployment if the Corps 
determines that the technology is environmentally and 
scientifically sound, feasible and effective.
      Language, provided by the Senate, has been included in 
the bill regarding the Southwest Valley Flood Damage Reduction 
study in New Mexico, the Waikiki Beach, Hawaii, project and the 
Kihei Beach, Hawaii, project.

                         Construction, General

      The conference agreement appropriates $1,722,319,000 for 
Construction, General instead of $1,642,911,000 as proposed by 
the House and $1,538,000,000 as proposed by the Senate.
      The conferees recognize the urgent need to remove and 
remediate contaminated soils from the uplands adjacent to the 
Salt Lagoon and its outfall channel at St. Paul Island, Alaska. 
The conferees further recognize that the Corps of Engineers has 
an ongoing project to dredge and excavate sediments from the 
nearby St. Paul Harbor and to reestablish, by excavation, the 
traditional flow channel between the harbor and the Salt 
Lagoon. Given the extremely high cost of mobilizing equipment 
to St. Paul Island and the Corps of Engineers' expertise in 
remediating contaminated materials, the conferees direct and 
authorize the Secretary of the Army to enter into an agreement 
with the Secretary of Transportation to supplement this ongoing 
construction project, and to remove and remediate the 
contaminated materials to an approved disposal site. Funding 
for the remediation of the contaminated material is to come 
from funds provided to the National Oceanic and Atmospheric 
Administration (NOAA) for this purpose.
      The conference agreement does not include funding in the 
Construction, General account for the Dam Site Park at Greers 
Ferry Lake, Arkansas. The conferees have provided $8,391,000 
for Greers Ferry Lake, Arkansas, including $2,000,000 for the 
modernization of the Dam Site Park recreation facilities under 
Operations and Maintenance, General.
      Within funds provided for the American River Watershed 
(Folsom Dam Mini-Raise), California, project, $600,000 shall be 
provided to the Folsom Dam replacement road and bridge.
      The conference agreement for Oakland Harbor, California, 
includes $20,000,000 for this critical project. The conferees 
regret that they cannot provide optimum funding efforts, which 
are hampered because the Administration only requested 
$7,000,000 for this project. Given that this project is already 
under construction, the conferees encourage the Administration 
to include realistic project funding in future budget 
submissions.
      The conference agreement includes $7,300,000 to complete 
Federal funding for all aspects of the Petaluma River, 
California, flood control project. The Corps of Engineers and 
the sponsors are urged to proceed expeditiously so that the 
project can be finished with funds made available and the full 
benefits of this project are not further delayed.
      The conference recommendation includes $15,000,000 for 
the Port of Los Angeles, California, project. Despite the fact 
this project is already under construction, the Administration 
did not propose any funding for this project. The conferees 
expect the Administration to budget for a project of this scope 
more responsibly in the future.
      The conference agreement provides $22,500,000 for 
continued construction of the Santa Ana River Mainstem, 
California, project, including $7,000,000 for the acceleration 
of work on the San Timoteo Creek element.
      The conferees have provided $500,000 for continuation of 
a feasibility study of perchlorate contamination in the City of 
Santa Clarita, California.
      The conference agreement includes $500,000 to initiate 
construction on the Delaware Bay Coastline, Bethany Beach to 
South Bethany Beach, Delaware project.
      The conference agreement includes $500,000 for the 
Florida Keys Water Quality Improvements project, which was not 
included in the Administration's budget request. The conferees 
ask that the Administration give consideration to including 
this critical work in future funding requests, and to the 
possibility of including it in the larger Everglades 
Restoration effort.
      The conference agreement includes additional language, 
proposed by the House, concerning availability of funds 
appropriated for the Florida Everglades and for the New York 
and New Jersey Harbors, New York, and New Jersey.
      The conferees have provided $300,000 for the Martin 
County, Florida, project.
      The conferees have provided an additional $4,350,000 for 
wildlife mitigation at the Richard B. Russell Dam and Lake, 
Georgia and South Carolina. These funds, combined with funds 
provided in Fiscal Year 2003, satisfy the Federal obligation 
for the lump sum payment to the State of South Carolina 
required by Section 348(k) of the Water Resources Development 
Act of 2000.
      The conference agreement includes $4,450,000 for 
environmental infrastructure projects as authorized in Section 
595 of the Water Resources Development Act, as amended, in 
Rural Idaho. Funds are to be used for the following Idaho 
projects: City of Burley, Coolin Sewer District, City of 
Horseshoe Bend, Upper St. Joe Distribution Line, Blackfoot 
Water Diversion, Spirit Lake Restoration, Emmett Wastewater, 
McCammon Wastewater, and the Middleton Water and Sewer 
Authority.
      The conferees note that in addition to the Construction, 
General funding provided for the Chicago Sanitary and Ship 
Canal, Illinois, $750,000 is also provided in the Section 1135 
Continuing Authorities Program to continue the work on a second 
barrier.
      The conferees have provided $100,000 to initiate 
construction of the Little Grassy Pump feature of the Wood 
River Drainage and Levee District project in Illinois.
      The conference agreement includes $500,000 for 
Northeastern Minnesota, Minnesota.
      The conference agreement deletes funding in this account 
proposed for the Table Rock Lake, Missouri facility, 
modernization project. The conferees have provided $9,000,000 
for Table Rock Lake, Missouri, under Operations and 
Maintenance, General, including $3,500,000 for the 
modernization of day use, boat launch, and other recreation 
facilities at its Campbell Point, Cape Fair, Indian Point and 
Baxter parks, and for other maintenance items.
      The conferees have included $3,000,000 for rural Montana 
projects. Within the funds provided, the Corps of Engineers is 
directed to give consideration to projects at Conrad, Laurel, 
Belgrade, Drummond, Wisdom, Melston, Manhattan and Grant Creek. 
Other communities that meet the program criteria should be 
considered as funding allows.
      The conferees have included $9,000,000 for Rural Nevada 
projects. Within the funds provided, the Corps of Engineers is 
directed to give consideration to projects at Boulder City, 
Mesquite, Tonopah, Lyon County (Carson River Regional Water 
System), Gerlach, Incline Village, Lawton-Verdi, Esmeralda 
County, Churchill County, West Wendover and Searchlight. Other 
communities that meet the program criteria should be considered 
as funding allows.
      The conferees have provided $1,000,000 for the Corps of 
Engineers to initiate construction of the Barnegat Inlet to 
Little Egg Harbor Inlet, New Jersey, beach erosion control 
project.
      The conference agreement includes $500,000 for the 
Delaware Bay Coastline, Villas and Vicinity, New Jersey, 
project.
      The conferees have provided $9,000,000 for the Delaware 
Main Channel, New Jersey, Delaware, and Pennsylvania, project, 
which continues to undergo a rigorous cost-benefit reanalysis 
and verification by independent reviewers. The Corps of 
Engineers is to be commended for this effort. The conferees are 
aware that the production of a complete justification may 
consume several additional months and urge that these funds be 
temporarily re-programmed to other high-priority work if they 
are not required for the deepening effort in fiscal year 2004.
      The conference recommendation includes $5,000,000 for the 
Central New Mexico, project; $4,000,000 for completion of the 
construction work on the Double Eagle II Infrastructure 
Upgrade, the Bosque Farms Plant, the Tijeras Water System 
upgrade and the Bernalillo plant; and, $1,000,000 for the Black 
Mesa Area Flood Management project.
      The Secretary of the Army is urged to utilize up to 
$2,000,000 annually of the funds provided from the New York and 
New Jersey Harbor, New York and New Jersey project from the 
Construction, General appropriations through fiscal year 2008, 
to plan for and enter into an agreement with a state or non-
Federal sponsor to develop a dredged material processing 
facility that would accomplish the objectives of reducing the 
cost of dredged material management in the port and preparing 
dredged material for beneficial uses, and to implement a 
project utilizing innovative dredged material management 
technologies.
      The conferees agree that the Secretary of the Army may 
use any remaining available funds from funds appropriated in 
Public Law 101-101 for the Hamlet City Lake, North Carolina 
project, to provide assistance in carrying out any authorized 
water-related infrastructure projects in Richmond County, North 
Carolina.
      The conference agreement includes $350,000 for the Stanly 
County Wastewater Infrastructure project in North Carolina.
      The conferees have provided $3,900,000 for the Mill 
Creek, Ohio, Flood Control project and have included language 
in the bill which direct the Secretary of the Army to complete 
the General Reevaluation Report within 15 months of this 
legislation at 100 percent Federal cost. The General 
Reevaluation Report shall provide plans for flood damage 
reduction throughout the basin equivalent to and commensurate 
with that afforded by the authorized, partially implemented 
Mill Creek, Ohio, Flood Damage Reduction Project, as authorized 
in Section 201 of the Flood Control Act of 1970 (P.L. No. 91-
611). Funding provided herein, is to continue the General 
Reevaluation Report and the repair of the previously 
constructed Section 3 area.
      The conferees direct that none of the funds provided for 
the Olmsted Locks and Dam, Ohio project be used to reimburse 
the Claims and Judgment Fund.
      The conferees have provided $75,000 for the Corps of 
Engineers to initiate plans and specifications for the Ottawa 
River Harbor navigation project in Ohio.
      The conferees note relative to the Cheyenne River Sioux 
Tribe, Lower Brule Sioux, South Dakota project, that Title VI 
of the Water Resources Development Act of 1999, as amended, 
authorizes funding to pay administrative expenses, 
implementation of terrestrial wildlife plans, activities 
associated with land transferred or to be transferred, and 
annual expenses for operating recreational areas. Within the 
funds provided, the conferees direct that not more than 
$1,000,000 shall be provided for administrative expenses, and 
that the Corps is to distribute remaining funds as directed by 
Title VI to the State of South Dakota, the Cheyenne River Sioux 
Tribe and Lower Brule Sioux Tribe.
      The conference agreement provides $1,072,000 to complete 
the Black Fox, Murfree, and Oaklands Springs Wetlands, 
Murfreesboro, Tennessee, project. The conferees are aware that 
this project has exhibited growth in both scope and cost since 
its inception, and agree that no additional Federal funds will 
be appropriated; the Corps of Engineers and the sponsors are 
therefore urged to take necessary measures to bring the project 
to fruition as soon as possible.
      The conferees have included $5,400,000 to continue design 
and initiate construction for Chickamauga Lock, Tennessee.
      The conference report includes $500,000 to continue major 
rehabilitation work on the Whitney Lake Powerhouse, Texas.
      The conference agreement includes language, proposed by 
the Senate, regarding the continued construction of the Dallas 
Floodway Extension project in Texas.
      The conference agreement includes language, proposed by 
the Senate, concerning the acceptance of advance funds for the 
Los Angeles, California, project.
      The conference agreement includes language, proposed by 
the Senate, directing use of funds for the Hawaii Water 
Management and Kaumalapau Harbor projects, in Hawaii.
      The conference agreement includes language, proposed by 
the Senate, directing the use of Dam Safety and Seepage/
Stability Correction Program funds for the project at Waterbury 
Dam, Vermont.
      The conference agreement includes language, proposed by 
the Senate and the House, providing for use of funds for 
elements of the Levisa and Tug Forks of the Big Sandy River and 
Upper Cumberland River project, West Virginia, Virginia, and 
Kentucky.
      The conference agreement includes language, proposed by 
the Senate, concerning the construction of the Seward Harbor, 
Alaska, project; the upgrades at Kake, Alaska; and the 
construction of the Wrangell Harbor, Alaska, project.
      The conference agreement includes language, proposed by 
the Senate, providing direction for the use of funds for the 
Tampa Harbor, Florida, project.
      The conference agreement includes language, proposed by 
the Senate, addressing the introduction of non-native oyster 
species into the Chesapeake Bay.
      The conference agreement includes language providing 
direction for construction of the Miami Harbor, Florida, 
project.
      The conference agreement includes language, proposed by 
the House, providing for authorization for reconstruction of 
the Cape Girardeau, Missouri, project.
      The conferees have determined that certain activities 
associated with the flood control project identified in the 
House Report under the Construction, General account for 
Washington, D.C. & Vicinity will be funded under the General 
Investigations account. The conferees have provided $250,000 
for the Corps of Engineers to execute the appropriate Memoranda 
of Understanding and Memoranda of Agreements to pave the way 
for project construction.
      The conference agreement provides $4,000,000 for the 
Aquatic Plant Control Program. Within the appropriated amount, 
the conferees have provided $200,000 for the Corps to undertake 
aquatic plant control in high priority sites in Texas and 
$100,000 for the control of Hydrilla in the Potomac River and 
Tributaries, Virginia, Maryland, and the District of Columbia. 
Program funds also include $300,000 for a cost shared effort 
with the State of South Carolina and $400,000 for a cost shared 
effort with the State of Vermont. The conferees urge the Corps 
to establish a cost shared program with the State of Hawaii.
      The conferees direct the Corps of Engineers to undertake 
the projects listed in the House and Senate Reports and any 
additional projects described below for the various continuing 
authority programs. The recommended funding levels for these 
programs are as follows: Section 206--$18,050,000; Section 
204--$6,000,000; Section 14--$9,000,000; Section 205--
$30,000,000; Section 111--$1,500,000; Section 1135--
$17,000,000; Section 107--$9,000,000; Section 103--$3,500,000; 
and Section 208--$500,000. The conferees are aware that there 
are funding requirements for ongoing continuing authorities 
projects that may not be accommodated within the funds provided 
for each program. It is not the intent of the conferees that 
ongoing projects be terminated. If additional funds are needed 
during the year to keep ongoing work in any program on 
schedule, the conferees urge the Corps of Engineers to 
reprogram funds into the program.
      Under the Section 206 program, the conferees have 
included $500,000 for the Stevenson Creek project in Pinellas 
County, Florida; $220,000 to complete a feasibility study for 
Long Lake, Indiana; $50,000 for aquatic restoration of Ventura 
Marsh at Clear Lake Watershed in Iowa; $200,000 to continue a 
feasibility study for the Paint Branch Fish Passage project in 
Maryland; $300,000 to advance the feasibility study for Echo 
Bay, New Rochelle, New York; $75,000 for Little Sugar Creek, 
North Carolina; and $100,000 for the West Cary Stream 
restoration in North Carolina. The conference agreement also 
includes $513,000 for the Corps to address acid mine drainage 
for the Cheat River Basin, Lick Run project in West Virginia 
under the Section 206 program.
      Within the funds provided under the Section 204 program, 
the conference agreement includes $3,000,000 in connection with 
the harbor of Morehead City, North Carolina, a project to 
disperse sand along Bogue Banks.
      Under the Section 14 program, the conference agreement 
corrects the jurisdictional reference for the Borough of Rumson 
from ``New York'' to ``New Jersey''. The conferees provide 
$40,000 for the Concordia University Section 14 project in 
Mequon, Wisconsin. The conference agreement also deletes 
Section 14 funding for Ottawa River, Shoreline Drive in Toledo, 
Ohio; Engel Park, Town of Ossining, New York; and for 
Burlington, Vermont.
      Under the Section 205 program, the conference agreement 
includes $100,000 for the Corps of Engineers to produce a 
feasibility study of flooding problems at the KellyUSA site in 
Bexar County, Texas. The conferees have included $130,000 to 
continue feasibility studies for the Indian and Dry Run Creeks 
Watershed, and the Cedar River Levee, in Cedar Rapids, Iowa. 
Also included in the conference agreement under Section 205 are 
$200,000 for engineering, and design of the Upper Passaic River 
and Tributaries, New Jersey project and $300,000 for Parke Run, 
Downingtown, Pennsylvania. The conference agreement for the 
Section 205 program does not include funding for the Higginson, 
Arkansas project or the Bono, Arkansas feasibility study.
      Within the funds provided under the Section 1135 program, 
the conference agreement includes $350,000 for ecosystem 
restoration of the Bull Creek Channel in California, and 
$100,000 for Rathbun Lake Wetlands Habitat Restoration, Iowa. 
Also included under this program is $500,000 for completion of 
the design and initiation of construction of the McCarran 
Ranch, Nevada, environmental restoration project.
      Within the funds provided under the Section 103 program, 
the conference agreement includes $100,000 for Bayou Teche, 
Louisiana.
      Within the funds provided under the Section 208 program, 
the conference agreement includes $67,000 for Deep River, Lake 
Station, Indiana.

 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, 
        KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI AND TENNESSEE

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

                   OPERATION AND MAINTENANCE, GENERAL

      The conference agreement appropriates $1,967,925,000 for 
Operation and Maintenance, General instead of $1,932,575,000 as 
proposed by the House and $2,014,000,000 as proposed by the 
Senate.
      During fiscal year 2002, the General Accounting Office 
[GAO] reviewed the benefits and effects of current and proposed 
restrictions on the Corps of Engineers' hopper dredge fleet. 
Congress faces significant future investments in the Corps 
hopper dredge fleet, as it is rapidly aging. The conferees 
believe that the investment decisions must take into 
consideration the subsequent use of the fleet. The final GAO 
report, released March 2003, reviewed the impacts of 
operational changes to the fleet since fiscal year 1993. GAO's 
findings made it clear to the conferees that additional costs 
have been imposed upon the Corps with the decreased use of the 
fleet, but that the benefits have not been realized. 
Additionally, the GAO found that the Corps' contracting process 
for hopper dredges was not effective. Most importantly, the GAO 
reported that the Corps did not have even a limited system to 
evaluate the costs and benefits of the varying operational 
levels of its hopper dredge fleet, nor did it have a means to 
make maintenance and repair decisions of the fleet taking 
operational use into consideration. The conferees remain 
concerned that since 2000, the Corps has provided to Congress, 
a report which has been found to have no analytical basis, thus 
calling into question the ready reserve policy.
      Therefore, the conferees direct the Corps of Engineers to 
report to the Appropriations Committees within 6 months of 
enactment of this Act, with a detailed plan of how it intends 
to rectify the current situation. The plan is to include how 
the Corps intends to establish a baseline for determining the 
appropriate use of the Corps hopper dredge fleet in the future. 
Finally, the Corps shall include a comprehensive analysis of 
the costs and benefits of the existing and proposed 
restrictions on the use of the fleet. Overall, the conferees 
expect the Corps to put in place measures by which better 
investment decisions regarding the fleet can be made.
      The conferees have provided $22,500,000 in funding for 
Tennessee-Tombigbee Waterway, Alabama and Mississippi, 
including $500,000 for continued restoration of the historic 
Snagboat Montgomery.
      The conferees are in agreement that capital costs of new 
site security and anti-terrorism improvements at flood control 
projects in Central California for which non-Federal interests 
have repayment contracts with the Bureau of Reclamation shall 
be subject to the Bureau's current policy for repayment of such 
anti-terrorism expenditures.
      The conferees have provided $6,000,000 for operation and 
maintenance of the Los Angeles County Drainage Area project, 
including activities at Hansen Dam.
      The conferees include $500,000 for maintenance dredging 
at Port Hueneme in Ventura County, California.
      The conference agreement provides $500,000 for continued 
dredging at San Pablo Bay and Mare Island Strait, including 
Pinole Shoal, in California.
      The conference agreement includes $5,185,000 for 
maintenance dredging of the Tampa Harbor, Florida project.
      The conferees have provided $5,000,000 for the 
Apalachicola, Chattahoochee, and Flint Rivers project which 
includes annual dredging of the river, annual operations and 
maintenance of the George W. Andrews Lock, spot dredging of 
shoals, continuation of slough mouth restorations, continuation 
of restoration efforts at Corley Slough, and routine operations 
and maintenance of the project.
      The conference agreement includes, within available 
funds, $100,000 under Operation and Maintenance, General, to 
continue report activities associated with Lucas Berg Pit, 
Worth, Illinois, which is part of the Illinois Waterway (MVR 
portion), Illinois and Indiana project.
      Within the funds provided, up to the amount of $300,000, 
the conferees direct the Corps of Engineers to perform 
maintenance dredging at Saugatuck Harbor, Michigan. The 
conferees have also provided $250,000 for maintenance dredging 
of Bolles Harbor at La Plaisance Creek in Michigan.
      As part of the Mississippi River Between Missouri River 
and Minneapolis project, the conferees have agreed that the 
Corps should give consideration to Tow Haulage Unit Replacement 
and the conservation of the endangered Higgins Eye Mussel.
      The conferees have provided additional funds for the 
Delaware River, Philadelphia to the Sea, New Jersey, 
Pennsylvania, and Delaware project to continue construction at 
Pea Patch Island.
      The conferees have provided $250,000 for sediment removal 
and dam repair at Junaluska, North Carolina.
      The conference report includes an additional $300,000 for 
mosquito control and prevention, and limited facility 
improvements at Garrison Dam, Lake Sakakawea, North Dakota.
      The conference agreement includes $500,000 for serious 
safety repairs for the John Day Lock and Dam, Oregon and 
Washington, on the Columbia-Snake Waterway system. The 
conferees believe that the budget request does not adequately 
address the serious nature of the problems at this structure 
and has accordingly provided funds above the budget request. 
The problems being experienced at this structure are indicative 
of the way maintenance of structures in the Federal inventory 
has been shortchanged. Timely, adequate maintenance funding 
would have likely prevented the costly measures that must now 
be undertaken to correct the problems. The conferees strongly 
encourage that adequate funding for maintenance be included in 
future budget submissions.
      Within the $342,000 additional funding for the 
Monongahela River, Pennsylvania and West Virginia, project, the 
conferees urge that the Corps of Engineers examine the 
practicality of remote control automation devices at the 
Hildebrand, Morgantown, andOpekiska Locks and to report to the 
Committees on Appropriations of its findings by March 31, 2004.
      The conferees urge that the Federal Navigation Project 
for the Providence River and Harbor shall include maintenance 
dredging of the Pawtuxet Cove Federal Navigation Project in 
Cranston and Warwick, Rhode Island, and the Bullocks Point Cove 
Federal Navigation Project in East Providence and Barrington, 
Rhode Island, and disposal of dredged material from these 
projects in the Confined Aquatic Disposal cells in the 
Providence River.
      The conference agreement includes $150,000 within the 
authority made available for Removal of Sunken Vessels, for the 
Corps to perform a detailed examination of the remains of the 
vessel ``State of Pennsylvania'' located in the Christina River 
in an effort to assess the cost for its removal. In addition, 
the conferees express support for efforts to raise the CSS 
Georgia and hope that the Army Corps of Engineers will continue 
to advise and assist with options for raising this important 
historic artifact.
      The conferees note that Title VI of the Water Resources 
Development Act of 1999, as amended, requires that funding to 
inventory and stabilize cultural and historic sites along the 
Missouri River in South Dakota, and to carry out the 
terrestrial wildlife habitat programs, shall be provided from 
the Operation and Maintenance account. The conference agreement 
provides $5,000,000 to protect cultural resource sites and 
provide funding to the State and Tribes for approved 
restoration and stewardship plans and in compliance with the 
requirements of Title VI, directs the Corps to contract with or 
reimburse the State of South Dakota and affected Tribes to 
carry out these duties.
      The conference agreement includes $1,400,000 for 
continued maintenance dredging of the Waterway on the Coast of 
Virginia, project.
      The conferees note the proximity of Corps navigation 
facilities on the Columbia River between Chinook and the Head 
of Sand Island, Washington, and at Baker Bay, Washington, and 
encourage the Corps of Engineers to seek ways to achieve cost 
savings and efficiency, such as by utilizing appropriate 
contracting methods while having these two projects be 
considered together when seeking bids and awarding contracts.
      The conferees have provided $15,000,000 in funding for 
extraordinary maintenance; these funds are provided in 
recognition of the inability of the Corps of Engineers, for the 
last several years, to fund storm damage remediation in West 
Virginia, Michigan, Missouri, and other states. The conferees 
expect that the Corps will devote this funding to storm damages 
not previously addressed, rather than routine or backlog 
maintenance items.
      The conference agreement includes language, proposed by 
the Senate, concerning operation and maintenance costs for the 
SR1 Bridge, Delaware.
      The conference agreement includes language, proposed by 
the Senate, regarding the rehabilitation of the dredged 
material disposal site at Bodega Bay, California.
      The conference agreement includes language directing the 
use of funds by the Corps of Engineers for the Laguna Madre 
portion of the Gulf Intracoastal Waterway in Texas, and 
conditions for performing necessary maintenance along the Gulf 
Intracoastal Waterway, Texas.
      The conference agreement includes language providing 
direction for the removal of a weir on the Mayfield Creek and 
Tributaries, Kentucky, project.
      The conferees direct that the Corps of Engineers shall 
not obligate any surplus funds resulting from the enactment of 
the Power Marketing Administrations direct funding legislation 
prior to the submission of a plan, for approval, by the House 
and Senate Appropriations Committees.

                           REGULATORY PROGRAM

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

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

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

                 FLOOD CONTROL AND COASTAL EMERGENCIES

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

                             REVOLVING FUND

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

                            GENERAL EXPENSES

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

                           General Provisions

                       Corps of Engineers--Civil

      Section 101. The conference agreement includes language 
proposed by the House and the Senate, which places a limit on 
credits and reimbursements allowable per year and per project.
      Section 102. The conference agreement includes language 
proposed by the House prohibiting the expenditure of funds 
related to a proposed landfill in Tuscarawas County, Ohio.
      Section 103. The conference agreement includes language 
proposed by the Senate which prohibits the reorganization or 
change of the Corps of Engineers statutory mission without a 
subsequent Act of Congress.
      Section 104. The conference agreement includes language 
proposed by the House prohibiting the expenditure of funds 
related to a proposed landfill in Sandy Township, Stark County, 
Ohio.
      Section 105. The conference agreement includes language 
proposed by the Senate amending the authorization of the 
Alamogordo, New Mexico, flood control project.
      Section 106. The conference agreement includes language 
proposed by the House that renames Lock and Dam 3 on the 
Allegheny River in Pennsylvania.
      Section 107. The conference agreement includes language 
providing that the Secretary of the Army may utilize continuing 
contracts in carrying out the studying, planning, or designing 
of a water resources project authorized for study, prior to the 
authorization of the project for construction.
      Section 108. The conference agreement includes language 
proposed by the Senate which authorizes oil bollard and debris 
removal at Burlington Harbor, Vermont.
      Section 109. The conference agreement includes language, 
proposed by the Senate which makes technical corrections for 
the Kake Dam Replacement in Kake, Alaska.
      Section 110. The conference agreement includes language 
proposed by the Senate deauthorizing some components of the 
Federal navigation channel in Pawtuxet Cove, Rhode Island.
      Section 111. The conference agreement includes language 
proposed by the Senate authorizing the Secretary of the Army to 
provide assistance to non-Federal interests at Tar Creek, 
Ottawa County, Oklahoma.
      Section 112. The conference agreement includes language 
proposed by the Senate to use previously appropriated funds for 
technical assistance related to coastal erosion in Alaskan 
communities, at full Federal expense.
      Section 113. The conference agreement includes language 
proposed by the Senate which prohibits the use of funds for 
closure or removal of the St. Georges Bridge, Delaware.
      Section 114. The conference agreement includes language 
proposed by the Senate extending the date for which the Corps 
of Engineers can accept funds from non-Federal entities to 
process permits.
      Section 115. The conference agreement includes language 
proposed by the Senate regarding Section 353 of Public Law 105-
227.
      Section 116. The conference agreement includes language 
proposed by the Senate for emergency project restoration at 
Middle Rio Grande bosque in and around Albuquerque, New Mexico.
      Section 117. The conference agreement includes language 
proposed by the Senate amending Section 595 of the Water 
Resources Development Act of 1999.
      Section 118. The conference agreement includes language 
proposed by the Senate amending Section 560(f) of Public Law 
106-53.
      Section 119. The conference agreement includes language, 
proposed by the Senate which further amends Section 219(f) of 
the Water Resources Development Act of 1992 (Public Law 202-
580; 106 Stat. 4835), as amended, to include authorization for 
wastewater infrastructure at Coronado, California.
      Section 120. The conference agreement includes language, 
proposed by the Senate amending Section 592(g) of the Water 
Resources Development Act of 1999.
      Section 121. The conference agreement includes language, 
proposed by the Senate amending the authorization for the Park 
River, Grafton, North Dakota, project.
      Section 122. The conference agreement includes language 
proposed by the Senate that provides assistance for Schuylkill 
River Park in Philadelphia, Pennsylvania, pursuant to the Water 
Resources Development Act of 1996, and as contained in the 
February 2003 Corps of Engineers report.
      Section 123. The conference agreement includes language 
proposed by the Senate authorizing the Corps of Engineers to 
implement ecosystem restoration for the Gwynns Falls Watershed 
in Baltimore, Maryland.
      Section 124. The conference agreement includes language 
proposed by the Senate authorizing the Snake River Confluence 
Interpretive Center in Clarkston, Washington.
      Section 125. The conference agreement provides language 
providing direction for completion of the flood damage 
reduction general reevaluation report for Mill Creek, 
Cincinnati, Ohio.
      Section 126. The conference agreement includes language 
amending Section 219(f)(25) of the Water Resources Development 
Act of 1992 relative to Lakes Marion and Moultrie, South 
Carolina.
      Section 127. The conference agreement includes language 
amending Section 219(f) of the Water Resources Development Act 
of 1992 relative to Charleston, South Carolina.
      Section 128. The conference agreement includes language 
authorizing the project for flood damage reduction and 
environmental restoration of the American River Watershed, 
California, and directs the Secretary of the Army to 
immediately commence studies for and the design of a permanent 
bridge.
      Section 129. The conference agreement modifies the 
authorizing legislation and subsequent modifications for the 
American and Sacramento Rivers, California, and directs the 
Secretary to carry out the project.
      Section 130. The conference agreement includes language 
allowing the Secretary of the Army to establish an 
environmental assistance program for Placer and El Dorado 
Counties, California.
      Section 131. The conference agreement amends Section 
219(f)(23) of the Water Resources Development Act of 1992 for 
the Sacramento Area, California.
      Section 132. The conference agreement includes language 
allowing the Secretary of the Army to establish an 
environmental assistance program for the Upper Klamath Basin, 
California.
      Section 133. The conference agreement amends Section 
219(f) of the Water Resources Development Act of 1992 for 
Placer and El Dorado Counties, California; and for Lassen, 
Plumas, Butte, Sierra, and Nevada Counties, California.
      Section 134. The conference agreement includes language 
which authorizes funds to be appropriated for the construction 
of a permanent bridge for the American River Watershed.
      Section 135. The conference agreement amends Section 
504(a)(2) of the Water Resources Development Act of 1999 by 
striking ``Kehly Run Dam'' and inserting ``Kehly Run Dams''.
      Section 136. The conference agreement modifies the 
authorization for the McClellan-Kerr Arkansas River Navigation 
project to a project depth of 12 feet.
      Section 137. The conference agreement includes a 
provision to credit the non-Federal sponsor for environmental 
dredging at Ashtabula River, Ohio.
      Section 138. The conference agreement includes language 
providing authorization for review of a feasibility report for 
waterfront development at Gateway Point, North Tonawanda, New 
York.
      Section 139. The conference agreement includes language 
affecting specific portions of the projects for navigation for 
Chicago River and Chicago Harbor, Illinois.
      Section 140. The conference agreement provides direction 
for activities under the authority provided by Section 214 of 
the Water Resources Development Act of 2000.
      Section 141. The conference agreement includes language 
regarding credits for Wolf Lake, Indiana.
      Section 142. The conference agreement provides direction 
to the Secretary of the Army involving credit for the cost of 
design work completed by the non-Federal interests for the Cook 
County, Illinois, project.
      Section 143. The conference agreement includes language 
regarding credits for the non-Federal sponsor for Los Angeles 
Harbor, Los Angeles, California.
      Section 144. The conference agreement includes language 
concerning credits for San Lorenzo, California.
      Section 145. The conference agreement includes language 
amending Section 219(f)(12) of the Water Resources Development 
Act of 1992 for the Calumet Region, Indiana.
      Section 146. The conference agreement includes 
authorization regarding the Meramec River Basin, Valley Park 
Levee project in Missouri.
      Section 147. The conference agreement includes language 
modifying the authorization for the flood control project for 
Saw Mill Run, Pennsylvania.
      Section 148. The conference agreement includes language 
which modifies the authorization for the flood control project 
for Roanoke River Upper Basin, Virginia.
      Section 149. The conference agreement includes language 
modifying the authorization for the harbor deepening project at 
Brunswick Harbor, Georgia.
      Section 150. The conference agreement modifies the 
authorization for the flood control project at Lackawanna River 
at Olyphant, Pennsylvania.
      Section 151. The conference agreement includes language 
which modifies the authorization for the Perry Creek Flood 
Control project at Sioux City, Iowa.
      Section 152. The conference agreement provides language 
regarding Section 358 of Public Law 105-53 for Elizabeth River, 
Chesapeake, Virginia.
      Section 153. The conference agreement provides language 
amending Section 219(f) of the Water Resources Development Act 
of 1992.
      Section 154. The conference agreement includes language 
modifying Flood Control Act of 1938 provisions regarding the 
Mississippi River and Big Muddy River, Illinois.
      Section 155. The conference agreement provides 
authorization for a project to restore lake depths at Moss 
Lake, Louisiana.
      Section 156. The conference agreement provides language 
amending the authorization for Manatee Harbor, Florida.
      Section 157. The conference agreement includes language 
which authorizes the Secretary of the Army to conduct a study 
to determine the feasibility of carrying out a project for 
flood damage reduction in the Harris Gully Watershed, Harris 
County, Texas.
      Section 158. The conference agreement includes language 
which provides that the Secretary of the Army may carry out the 
Reach J, Segment 1, element of the Morganza to the Gulf, 
Louisiana, project in accordance with the report of the Chief 
of Engineers, dated August 23, 2002, and supplemental report 
dated July 22, 2003.
      Provisions not included in the conference agreement.--The 
conference agreement does not include language, proposed by the 
Senate to deauthorize inactive Corps of Engineers projects.
      The conference agreement does not include language, 
proposed by the Senate regarding the use of Power Marketing 
Administration receipts by the Corps of Engineers.
      The conference agreement does not include language, 
proposed by the Senate that limits the minimum funding levels 
for Great Lakes Remedial Action Plans and Sediment Remediation 
Programs, under the funding available for this program under 
General Investigations.
      The conference agreement does not include language, 
proposed by the Senate for providing funding to the 
International Mountain Bicycling Association under the 
Operation and Maintenance, General, account.
      The conference agreement does not include language, 
proposed by the Senate for funding to be made available under 
Construction, General, for future work under Section 560 of the 
Water Resources Development Act of 1999.


                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

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

                         Bureau of Reclamation

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

                      WATER AND RELATED RESOURCES

      The conference agreement appropriates $857,498,000 for 
Water and Related Resources instead of $817,913,000 as proposed 
by the House and $859,517,000 as proposed by the Senate.
      The conference agreement includes $4,500,000 for the 
Colorado River Front Work and Levee system project, $1,000,000 
more than the budget request. The Bureau of Reclamation is 
directed to carry out the work on the water management 
reservoirs near the All American Canal and associated 
facilities under the authority of the Colorado River Front Work 
and Levee System (P.L. 585 and P.L. 560, as amended).
      The conferees are concerned that the Bureau of 
Reclamation is having to make excess releases of more than 
100,000 acre-feet of water per year from storage in Colorado 
River reservoirs in order to meet the delivery requirements of 
the 1944 Treaty with Mexico. This is due to not counting 
Wellton-Mohawk Irrigation and Drainage District drainage flows 
that are bypassed to the Cienega de Santa Clara as part of the 
1.5 million acre-feet required to satisfy the Treaty. This loss 
of water has become particularly acute due to the drought in 
the Colorado River Basin. The loss of more than 100,000 acre-
feet per year robs all seven basin states of badly needed 
water. Title I of the Colorado River Basin Salinity Control Act 
identified construction and operation of the Yuma Desalting 
Plant as the solution to the agreement between the United 
States and Mexico preferred by all parties. Accordingly, the 
conferees direct the Bureau of Reclamation to expedite its 
modifications of the plant to accomplish state of the art 
operation, and accelerate the permitting and environmental 
compliance activities needed for operation of the plant. The 
Bureau of Reclamation is directed to report to the House and 
Senate Committees on Appropriations on the status of those 
activities within 180 days of enactment of this Act.
      The amount provided for the Delta Division of the Central 
Valley Project includes: $1,000,000 for the Bureau of 
Reclamation to continue design of an intertie between the 
Delta-Mendota Canal and the California Aqueduct; $500,000 to 
continue oversight activities in coordination with the CALFED 
Program Implementation Plan; and $1,000,000 to continue 
activities associated with the enlargement of Los Vaqueros 
Reservoir.
      The amount provided for the Friant Division of the 
Central Valley Project includes $1,500,000 to continue Upper 
San Joaquin River Basin storage investigations.
      The amount provided for Miscellaneous Project Programs of 
the Central Valley Project includes: $400,000 for the Kaweah 
River Delta Corridor Enhancement Study; $3,500,000 to continue 
work on Sacramento River fish screen projects; $1,000,000 for 
the administration of storage, conveyance, water use 
efficiency, ecosystem restoration, science, and water transfer 
activities in support of the CALFED program; $1,000,000 for 
technical assistance to the State of California; and an 
additional $2,000,000 for the Environmental Water Account.
      The amount provided for the Sacramento River Division of 
the Central Valley Project includes: an additional $1,800,000 
for the Glenn-Colusa Irrigation District fish passage 
improvement project, including funds for the Bureau of 
Reclamation to reimburse the Glenn-Colusa Irrigation District 
for costs incurred by the District in excess of its non-Federal 
cost-sharing requirement; $1,250,000 to continue planning and 
study activities for Sites Reservoir, including an evaluation 
of the utilization of both the GCID Main Canal and the Tehama-
Colusa Canal as a means to convey water to the proposed 
reservoir; and $400,000 to continue work on the Colusa Basin 
Integrated Resources Management Plan.
      The amount provided for the Shasta Division of the 
Central Valley Project includes $750,000 to continue the 
evaluation of potential impacts of the proposed Shasta Dam 
raise.
      The amount provided for the West San Joaquin Division of 
the Central Valley Project includes $1,000,000 for 
implementation of the Westside Regional Drainage Plan. The 
conferees have not provided the funds requested for the payment 
of settlement costs in the case of Sumner Peck Ranch v. Bureau 
of Reclamation.
      The conference agreement includes $4,000,000 for the 
Salton Sea Research Project in California, including $1,000,000 
to continue environmental restoration efforts at the New and 
Alamo Rivers, including efforts in and around Calexico, 
California, $1,000,000 to continue the Imperial Valley 
groundwater assessment in cooperation with Lawrence Livermore 
National Laboratory, and $1,000,000 for additional work needed 
to prepare for the construction of pilot desalination and 
demonstration facilities.
      The conferees have provided $1,835,000 for the Southern 
California Investigations Program, including $300,000 to 
continue the Chino Basin Conjunctive Use Project, and an 
additional $400,000 for the Los Angeles Basin Watershed Water 
Supply Augmentation study.
      The conference agreement includes bill language proposed 
by the House which provides that $10,000,000 of the funds 
appropriated for Water and Related Resources shall be deposited 
in the San Gabriel Basin Restoration Fund to continue the 
program to design, construct, and operate projects to contain 
and treat the spreading groundwater contamination in the San 
Gabriel and Central Groundwater Basins in California.
      The conference agreement includes $52,000,000 for the 
Bureau of Reclamation to continue construction of the Animas-La 
Plata project in Colorado. The conferees are very concerned 
about the recently announced $162,000,000 cost increase for 
this project. This cost increase threatens the project schedule 
set forth in the authorizing legislation and the ability of the 
Congress to continue to fund this important project. The 
conferees direct the Bureau of Reclamation to submit to the 
Committees on Appropriations within 90 days of enactment of 
this Act, a detailed report on the cost increase, including an 
explanation of the elements that comprise the cost increase, 
the impact of the cost increase on the project schedule, and 
the need for additional authorization for completion of the 
project.
      The conference agreement includes $15,000,000 for the 
Columbia and Snake Rivers Salmon Recovery Project. The 
conference agreement does not include the $4,000,000 requested 
by the Administration for construction activities that require 
additional authorization.
      The conference agreement includes an additional $270,000 
for the Boise Area Projects in Idaho to offset costs associated 
with water service contract renewals for Lucky Peak Reservoir. 
The conferees direct the Bureau of Reclamation to not seek 
reimbursement of these funds from water users.
      The conferees have provided an additional $700,000 under 
the Oklahoma Investigations Program for the Bureau of 
Reclamation to continue studies of ways to better manage the 
resources of the Arbuckle-Simpson aquifer.
      The conference agreement includes $350,000 for the Bend 
Feed Canal element of the Deschutes Project in Oregon. The 
conferees understand that this funding will complete the 
Federal obligation for this project.
      The conference agreement deletes bill language proposed 
by the Senate regarding the Mni Wiconi project in South Dakota. 
The amount appropriated for Water and Related Resources 
includes $25,217,000 to continue construction of the Mni Wiconi 
project.
      The conference agreement includes $500,000 for the Bureau 
of Reclamation to continue a feasibility study of water supply 
infrastructure improvements in Park City, Utah. The Senate had 
proposed to fund this effort within the programs of the U.S. 
Army Corps of Engineers.
      The conference agreement includes $4,000,000 for the 
Drought Emergency Assistance Program. Within the funds 
provided, $1,000,000 is for emergency assistance in Nebraska, 
$1,000,000 is for assistance to the Navajo Nation in New Mexico 
and Arizona, and $1,000,000 is for the completion of emergency 
wells in Santa Fe, New Mexico. The conference agreement 
includes language directing the Bureau of Reclamation to 
complete the Santa Fe wells project through a cooperative 
agreement with the City of Santa Fe. In addition, the conferees 
urge the Bureau of Reclamation to provide full and fair 
consideration to the request for drought assistance from the 
State of Hawaii. The conferees also encourage the Bureau of 
Reclamation to investigate the use of moisture sensor 
irrigation control systems and to give consideration to a 
demonstration project on Bureau property at the Boulder City, 
Nevada, office. The demonstration project would determine water 
savings that might be achieved by use of moisture sensor 
irrigation control systems where individual and separately 
adjustable moisture sensors are placed in each irrigation zone 
on a landscape to monitor and automatically terminate 
irrigation on a zone-by-zone basis.
      The conference agreement includes $12,871,000 for the 
Endangered Species Recovery Implementation Program, $500,000 
below the budget request. Of the amount provided, $2,000,000 is 
for the program in the Platte River basin. The conferees are 
very concerned about the lack of clear authority for the Bureau 
of Reclamation to participate in this large, multi-year effort. 
Although the cost of the first increment of this program is 
currently estimated at $75,000,000, the Bureau of Reclamation 
indicates that costs could be as much as $150,000,000. The only 
authority cited by the Bureau of Reclamation for its 
participation in this effort is the Endangered Species Act, 
which would seem to limit Reclamation's participation to 
addressing impacts of operation of its projects on the species 
at risk. The Commissioner of Reclamation testified that a 
specific authorization for the program would provide clearer 
guidance for the expenditure of funds. The conferees agree with 
that assessment and urge the Administration to work with the 
states and other Federal agencies to develop a specific 
authorization for this multi-year, multi-million dollar 
undertaking.
      The conferees have provided $3,980,000 for the Title XVI 
Water Reclamation and Reuse Program. Within the amount 
provided, $2,000,000 is to continue support to the WateReuse 
Foundation's research program, $300,000 is for the Alamogordo, 
New Mexico desalination study, and $200,000 is for the Bureau 
of Reclamation to work with local authorities in Hawaii on 
water reclamation and reuse opportunities as described in the 
Senate Report.
      The conference agreement includes $8,400,000 for the 
Bureau of Reclamation's new Western Water Initiative. Of the 
funds provided, $1,000,000 is for the Desert Research Institute 
to address water quality and environmental issues in ways that 
will bring industry and regulators to mutually acceptable 
answers, $1,750,000 is for efficiency improvements in the 
Middle Rio Grande Conservancy District, and $1,000,000 is for 
the Bureau of Reclamation to enter into a strategic alliance 
with the International Center for Water Resources Management at 
Central State University in Ohio, the Ohio View Consortium, and 
Colorado State University for the development of advanced 
remote sensing technologies for use in operational decisions to 
deal with the current drought conditions, and to develop 
optimal strategies for managing water resources to deal with 
future constraining events. The House had proposed to fund this 
work under the Science and Technology Program. In addition, the 
conferees urge the Bureau of Reclamation to undertake a pilot 
project for innovative water conservation measures within the 
Klamath Basin project.

               BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

                CENTRAL VALLEY PROJECT RESTORATION FUND

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

               CALIFORNIA BAY-DELTA ECOSYSTEM RESTORATION

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

                       POLICY AND ADMINISTRATION

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

                          WORKING CAPITAL FUND

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

                           General Provisions

                       Department of the Interior

      Section 201. The conference agreement includes language 
proposed by the House and the Senate regarding the San Luis 
Unit and the Kesterson Reservoir in California.
      Section 202. The conference agreement includes language 
proposed by the House and the Senate which prohibits the use of 
funds for any water acquisition or lease in the Middle Rio 
Grande or Carlsbad Projects in New Mexico unless the 
acquisition is in compliance with existing State law and 
administered under State priority allocation.
      Section 203. The conference agreement includes language 
proposed by the House which amends Section 206 of Public Law 
101-514 regarding water supply contracts for Sacramento County 
Water Agency and the San Juan Suburban Water District in 
California.
      Section 204. The conference agreement includes language 
proposed by the House which authorizes and directs the 
Secretary of the Interior to amend the Central Valley Project 
water supply contracts for the Sacramento County Water Agency 
and the San Juan Suburban Water District by deleting a 
provision requiring a determination of annual water needs.
      Section 205. The conference agreement includes language 
proposed by the House, modified to make technical corrections, 
regarding funds available in the Lower Colorado River Basin 
Development Fund. The Senate bill included a similar provision.
      Section 206. The conference agreement includes language 
proposed by the House which provides that funds provided to the 
Bureau of Reclamation may be used for the payment of claims not 
exceeding $5,000,000.
      Section 207. The conference agreement includes language 
proposed by the Senate concerning drought emergency assistance.
      Section 208. The conference agreement includes language 
proposed by the Senate regarding Endangered Species Act 
requirements on the Rio Grande River in New Mexico. The 
language has been amended to state that the restrictions on 
changes to water deliveries also apply to water stored in Heron 
Reservoir, to clarify that it only applies to Federal and non-
Federal actions addressed in the March 17, 2003, Biological 
Opinion, and to provide that subsection (b) shall remain in 
effect for 2 years from the date of enactment of this Act.
      The conferees recognize that the six Middle Rio Grande 
Pueblos (Sandia, Isleta, San Felipe, Cochiti, Santa Ana, and 
Santo Domingo) were not parties to the Silvery Minnow v. Keys, 
333 F.3d 1109 (10th Cir. 2003) litigation. The conferees also 
recognize that the ruling of the three judge panel may 
potentially impact them. The conferees therefore direct the 
Secretary of the Interior to report to Congress, within 180 
days of the enactment of this Act, on the impact of the ruling 
on the Pueblos' water rights and water deliveries with regard 
to the enforcement of the silvery minnow biological opinion by 
the Bureau of Reclamation.
      Section 209. The conference agreement includes language 
proposed by the Senate which reforms the Endangered Species 
Collaborative Program. The language has been amended to change 
the representation in the Collaborative Program executive 
committee and change the effective date of the section.
      Section 210. The conference agreement includes language 
proposed by the Senate regarding the Tularosa Basin National 
Research Facility in New Mexico.
      Section 211. The conference agreement includes language 
proposed by the Senate regarding feasibility studies undertaken 
in connection with CALFED-related activities.
      Section 212. The conference agreement includes language 
proposed by the Senate regarding the Western Water Initiative.
      Section 213. The conference agreement includes language 
proposed by the Senate amending the Hawaii Water Resources Act 
of 2000.
      Section 214. The conference agreement includes language 
proposed by the Senate regarding contributions of the Western 
Area Power Administration to the Utah Reclamation Mitigation 
and Conservation Account.
      Section 215. The conference agreement includes language 
proposed by the Senate regarding a feasibility study in the 
Tualatin River Basin in Oregon.
      Section 216. The conference agreement includes language 
proposed by the Senate regarding Indian water rights 
settlements in the State of Arizona.
      Section 217. The conference agreement includes language 
proposed by the Senate regarding the restoration of fish and 
wildlife habitat in the vicinity of Fallon, Nevada. The 
language has been amended to make technical corrections.
      Section 218. The conference agreement includes language 
which extends the terms of Sacramento River Settlement 
Contracts.
      Section 219. The conference agreement includes language 
which amends the authorization to construct temperature control 
devices at Folsom Dam in California.
      Section 220. The conference agreement includes language 
authorizing the Secretary of the Interior to undertake 
activities at Savage Rapids Dam in Oregon.
      Section 221. The conference agreement includes language 
extending certain irrigation project contracts in Wyoming and 
Nebraska.
      Provisions not included in the conference agreement.--The 
conference agreement does not include language proposed by the 
Senate regarding the Bureau of Reclamation program to provide 
grants to institutions of higher learning to support the 
training of Native Americans to manage their water resources. 
The fiscal year 2003 Energy and Water Development 
Appropriations Act made this provision permanent.
      The conference agreement does not include language 
proposed by the Senate providing funds for the Middle Rio 
Grande project in New Mexico and the Lake Tahoe Regional 
Wetlands Development project in California and Nevada. Funding 
for those projects is included within the amount appropriated 
for Water and Related Resources.


                               TITLE III

                          DEPARTMENT OF ENERGY

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

                    SAFEGUARDS AND SECURITY FUNDING

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

                     HOMELAND SECURITY-RELATED WORK

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

                           PROJECT MANAGEMENT

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

                     FACILITIES AND INFRASTRUCTURE

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

                        SAFETY AT DOE FACILITIES

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

              LABORATORY DIRECTED RESEARCH AND DEVELOPMENT

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

                        AUGMENTING FEDERAL STAFF

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

          STRATEGIC INITIATIVE AND BUSINESS DEVELOPMENT FUNDS

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

                        REPROGRAMMING GUIDELINES

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

    REDUCTIONS NECESSARY TO ACCOMMODATE SPECIFIC PROGRAM DIRECTIONS

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

                             Energy Supply

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

                       RENEWABLE ENERGY RESOURCES

      The conference agreement provides $344,400,000 instead of 
$330,144,000 as proposed by the House and $358,476,000 as 
proposed by the Senate for renewable energy resources. The 
conference agreement does not include language specifying 
funding allocations as contained in the House and Senate 
reports. As in fiscal year 2003, funds for Renewable Energy 
Resources shall remain available until expended.
      Biomass/biofuels.--The conference agreement includes 
$75,000,000 for biomass/biofuels. As in prior fiscal years, the 
conferees have combined the subprograms for power systems and 
transportation into a single program for biomass/biofuels and 
no longer provide separate allocations for power systems and 
transportation. The conference agreement includes $20,000,000, 
the amount of the request, for the Bioconversion Production 
Integration Program.
      The conference agreement includes $3,000,000 for the 
Consortium for Plant Biotechnology Research (CPBR), of which 
$750,000 is for CPBR research in Ohio and $1,000,000 is for 
CPBR research at the University of Kentucky; $1,000,000 for the 
E-Diesel research project by the National Corn Growers 
Association; $1,000,000 for the Iowa State University Center 
for Catalysis; $1,000,000 for work on biobased products by the 
New Uses Information and Entrepreneur Development Center in 
Belvidere, Illinois; $300,000 for the University of Louisville 
Ethanol Production from Biomass large-scale facility design 
project; $2,000,000 for the development of sustainable biobased 
products and bioenergy at Purdue University in cooperation with 
the Midwest Consortium for Sustainable Biobased Products and 
Bioenergy; $3,000,000 for continued work on the Gridley Rice 
Straw Project; $1,000,000 for the McMinnville Biodiesel 
Project; $960,000 for the Mount Mass CC Bio Wood Gasification 
Project; and $200,000 for the North Central Texas Dairy Waste 
Control Pilot Project.
      The conference agreement includes $1,000,000 for the 
Mississippi State Biodiesel Production Project; $1,000,000 for 
Maine Forest Bioproducts research and development; $1,000,000 
for the University of Tennesssee Switchgrass Demonstration 
Project; $250,000 for clean energy from the gasification of 
switchgrass at Iowa State University; $300,000 for the Missouri 
Soybean Association biodiesel demonstration; and $500,000 for 
research in Nebraska on improved soybean oil for biodiesel 
fuel.
      The conference agreement includes $2,000,000 for the 
Regional Biomass Energy Program; $750,000 for the On-Farm Small 
Scale Waste Energy Demonstration Project; $1,000,000 for the 
Oxydiesel demonstration program in California and Nevada; 
$500,000 for a biorefinery at the Louisiana State University 
Agricultural Center; $500,000 for the Center for Biomass 
Utilization at the University of North Dakota; $400,000 for the 
Vermont Biomass Energy Center; $250,000 for the biomass/
cogeneration project at North Country Hospital; $500,000 for 
the gasification of switchgrass at the University of Iowa; 
$1,000,000 for the Ag-Based Industrial Lubricants Center at the 
University of Northern Iowa; and $2,000,000 for the Michigan 
Biotechnology Initiative. In addition, the conferees direct the 
Department to continue the Iowa switchgrass project at agreed-
upon levels.
      Geothermal.--The conference agreement includes 
$26,000,000 for geothermal activities. The conferees direct the 
Department to continue funding university research and 
Geopowering the West at the fiscal year 2003 funding level. The 
conference agreement includes $1,000,000 for the Full Circle 
Project in Lake County, California, and $1,000,000 for 
geothermal research at the University of Nevada-Reno.
      Hydrogen.--The conference agreement includes $78,000,000 
for hydrogen activities. The conferees remind the Department 
that the requirements for competition and industry cost 
sharing, as specified in the Hydrogen Future Act of 1996 (P.L. 
104-271, 42 U.S.C. 12403), apply to this research, and urge the 
Department to compete the hydrogen research program to the 
fullest extent possible.
      From within available funds, the Department is directed 
to spend not less than $2,500,000 for a competitive 
solicitation for solid oxide fuel cell research. The conference 
agreement also includes $1,000,000 for the Lansing Community 
College Alternative Energy Center; $3,000,000 for the Edison 
Materials Technology Center to develop improved materials to 
support the hydrogen economy; $3,000,000 for the National 
Center for Manufacturing Sciences to develop advanced 
manufacturing technologies for renewable energy applications; 
$2,000,000 for the HI-Way Initiative in New York State; 
$1,000,000 for the Shared Technology Transfer Program by 
Nicholls State University; $2,000,000 for the Florida Hydrogen 
Partnership; $2,000,000 for fuel cell research by the 
University of South Florida; $2,000,000 for fuel cell 
development for distributed generation and carbon sequestration 
in Northwest Indiana; $3,000,000 for the Hydrogen Regional 
Infrastructure Program in Pennsylvania; $955,000 for the 
Evermont hydrogen electrolyzer project; $300,000 for the 
residential fuel cell demonstration by the Delaware County 
Electric Cooperative; and $2,200,000 for the Expanding Clean 
Energy Research and Education Program at the University of 
South Carolina.
      The conference agreement includes $750,000 for the 
Hydrogen Futures Park at the University of Montana; $2,000,000 
for the Fuel Cell Mine Loader and Prototype Locomotive; 
$3,000,000 for the evaluation of solar-powered thermo-chemical 
production of hydrogen from water at the University of Nevada-
Las Vegas; $3,000,000 for the University of Nevada-Las Vegas 
renewable hydrogen fueling station system; $500,000 for the 
Startech Hydrogen Production Project; $2,000,000 for the 
hydrogen fuel cell project for the Regional Transportation 
Commission of Washoe County, Nevada; $500,000 for the Hawaii 
Hydrogen Center for Development and Deployment of Distributed 
Energy Systems; and $500,000 for the Smart Energy Management 
Control System.
      Hydropower.--The conference agreement provides $5,000,000 
for hydropower, including $400,000 to assess low head and low 
power hydropower resources.
      Solar Energy.--The conference agreement includes 
$85,000,000 for solar energy programs. As in prior fiscal 
years, the conferees have combined the concentrating solar 
power, photovoltaic energy systems, and solar building 
technology subprograms into a single program for solar energy, 
with the control level at the solar energy program account 
level.
      The conferees include $5,500,000 from within available 
funds for concentrating solar power (CSP). Of these funds, 
$1,000,000 is provided for industry based 20-25 kW Dish-
Stirling and the Department is directed to continue with 
deployment of the 1.0 MW dish engine project. If the Department 
needs more than $5,500,000 in fiscal year 2004 to regain lost 
momentum in the CSP program, the conferees urge the Department 
to seek a reprogramming.
      The conference agreement includes $250,000 for the solar 
energy project in Yucca Valley, California; $400,000 for the 
Center for Ecological Technology; and $500,000 for the 
Hackensack University Green Building Medical Center. The 
Department should continue funding for the Southeast and 
Southwest photovoltaic experiment stations and the Million 
Solar Roofs program at current year levels.
      Zero Energy Buildings.--The conference agreement does not 
provide any separate funds for Zero Energy Buildings in fiscal 
year 2004, although the Department is directed to spend up to 
$4,000,000 of available funds within Solar Energy for Zero 
Energy Building activities related to solar energy. If the 
Department seeks funds for Zero Energy Buildings in fiscal year 
2005, it should request those funds as part of its Interior and 
Related Agencies appropriation request.
      Wind.--The conference agreement includes $41,600,000 for 
wind programs. The conference agreement includes $147,000 for a 
wind farm feasibility study by Saint Francis University; 
$300,000 for the Saginaw Chippewa Wind Energy Development 
Project; $500,000 for the Vermont Wind Energy Program; and 
$1,000,000 to continue the ongoing wind turbine effort in 
Bellevue, Washington. The Wind Powering America initiative is 
to be continued at last year's funding level. The conferees 
continue to recognize the need for a set-aside for small wind 
programs. The conferees are aware that the potential for 
expanding wind generated energy to new locations is 
significant, but further development in the Dakotas and the 
Upper Midwest is stymied by transmission constraints. The 
conferees are committed to developing the potential of wind 
energy in the United States and especially on tribal lands. The 
conferees direct the Department to work with the transmission 
industry to conduct a comprehensive analysis of upper Midwest 
wind energy locations and transmission requirements and to 
report to the Committees on Appropriations by May 31, 2004.
      Electricity Reliability.--The funds originally requested 
for Electricity Reliability are provided under the new 
Electricity Transmission and Distribution account within the 
Energy Supply appropriation, as requested by the Department.
      Intergovernmental Activities.--The conference agreement 
includes $15,000,000 for renewable support and implementation. 
This amount includes $6,000,000 for the international renewable 
energy program, including $2,000,000 for the International 
Utility Efficiency Partnership (IUEP); $5,000,000 for tribal 
energy activities, including $1,000,000 for the Council of 
Renewable Energy Tribes (CERT), $1,300,000 for the Intertribal 
Council on Utility Policy, and $1,000,000 for the Pyramid Lake 
Paiute Tribe Renewable Energy Park; and $4,000,000 for the 
Renewable Energy Production Incentive (REPI). From within 
available funds, the conference agreement provides $750,000 for 
the Renewable Energy Policy Project.
      The conferees adopt the Senate proposal for the Clean 
Energy Technology Exports (CETE) initiative, requiring the 
interagency group, through the Department of Energy and other 
Federal agency partners, to provide the Appropriations 
Committees with a report, no later than January 15, 2004, on 
the status of the implementation of the strategic plan and 
specific actions that each of the participating agencies have 
taken in fiscal year 2003 and will take in fiscal year 2004 to 
engage non-governmental, private sector, and other 
international partners. In addition, the conferees direct the 
Department to make $400,000 available to establish an 
interagency CETE center in the Office of International Energy 
Market Development. All energy technology program offices and 
other agencies participating in the CETE initiative are urged 
to contribute to this nine-agency effort. To provide further 
leverage for this initiative, the Department should also 
consider establishing a Federal Advisory Committee Act board 
and complementary demonstration and deployment efforts.
      Renewable Support and Implementation.--The conference 
agreement provides $6,000,000, including $2,000,000 for 
departmental energy management and $4,000,000 to continue the 
efforts of the National Renewable Energy Laboratory (NREL) to 
develop renewable energy resources uniquely suited to the 
Southwestern United States through its virtual site office in 
Nevada.
      National Climate Change Technology Initiative.--The 
conferees provide no funds for this initiative, consistent with 
the rationale provided in the House and Senate reports.
      Facilities and Infrastructure.--The conference agreement 
provides the requested amount of $4,200,000 for the National 
Renewable Energy Laboratory (NREL) and includes an additional 
$4,000,000 to initiate construction of the new Science and 
Technology facility at NREL (project 02-EERE-001). Funding for 
the new Energy Reliability and Efficiency Laboratory at Oak 
Ridge National Laboratory (project 04-E-TBD) is provided in the 
new Electricity Transmission and Distribution account. The 
conference agreement includes $5,000,000 for the National 
Center on Energy Management and Building Technologies.
      Program direction.--The conference agreement includes 
$12,600,000 for program direction.
      Use of prior year balances.--The conference agreement 
includes the use of $13,000,000 of prior year funds carried 
over from fiscal year 2003 to offset fiscal year 2004 
requirements.

               ELECTRICITY TRANSMISSION AND DISTRIBUTION

      The conference agreement provides $82,377,000 for the new 
Office of Electricity Transmission and Distribution, $5,000,000 
over the requested amount. The conferees provide the additional 
$5,000,000 for the Department of Energy to complete its 
investigation into the causes of the August 14th, 2003 
blackout. These funds shall be used to conduct an extensive 
investigation, to include modeling and analysis, of the various 
electrical and System Control and Data Analysis (SCADA) 
systems, the reliability rules, systems operations and other 
factors, such as cyber situations and disturbances, that might 
have caused or contributed to the outage.
      Within available funds, the conferees urge the Department 
to continue its high temperature superconductivity research and 
development program at the requested level of $47,838,000. The 
conference agreement also includes the requested $750,000 for 
the new Energy Reliability and Efficiency Laboratory at Oak 
Ridge National Laboratory (project 04-E-TBD), and removes the 
industry cost sharing requirement for this facility as proposed 
in the budget request. The industry cost sharing requirement 
applies to research activities, not to construction of this new 
facility. The Department should include full funding for the 
construction and operation of the facility in future budget 
requests.
      The conference agreement includes $4,000,000 to continue 
research on aluminum matrix composite conductors; $3,000,000 
for research into lead carbon acid asymmetric supercapacitors; 
$300,000 for research on advanced ceramic engines and materials 
for energy applications; $1,000,000 for a joint research 
program between Wright State University and the University of 
Albany, in collaboration with Wright Patterson Air Force Base, 
to enhance the performance of second-generation, high 
temperature coated superconductors; $2,000,000 for the 
PowerGrid simulator at Drexel University and the New Jersey 
Institute of Technology; $500,000 for the Center for 
Distributed Generation and Thermal Distribution at Washington 
State University; $1,000,000 for electricity transmission 
research at the University of Missouri-Rolla; $300,000 for 
research at the Georgia Institute of Technology on the use of 
recycled carpet as fuel for kilns; $1,000,000 for distributed 
generation projects in Northwest Indiana; $2,000,000 for the 
Connecticut Power Technologies project; $3,000,000 for the 
Electric Infrastructure Technology, Training, and Assessment 
Program in Pennsylvania; and $1,000,000 for the Indian Point 
Energy Center Study in New York.
      The conference agreement includes $3,000,000 for the 
Navajo electrification demonstration program; $1,000,000 to 
continue development of the bipolar nickel metal hydride 
battery storage system; $250,000 for the Microgrid distributed 
generation prototype in Vermont; $500,000 for the Natural 
Energy Laboratory in Hawaii to continue development and 
deployment of distributed energy systems; $2,000,000 for 
research, development, and demonstration of advanced thermal 
energy storage technology integrated with renewable thermal 
energy technology; and $400,000 for the Dine Power Authority.

                             NUCLEAR ENERGY

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

                     ENVIRONMENT, SAFETY AND HEALTH

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

                      ENERGY SUPPLY INFRASTRUCTURE

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

                          FUNDING ADJUSTMENTS

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

                Non-Defense Site Acceleration Completion

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

                   Non-Defense Environmental Services

      The conference agreement provides $339,468,000 for non-
defense environmental services, an increase of $47,347,000 over 
the budget request. None of these funds are available for 
economic development activities. Additional funds are provided 
for the depleted uranium hexaflouride conversion project at 
Paducah and for cleanup activities at Portsmouth, and for the 
non-defense costs of the new Office of Legacy Management.
      Community and regulatory support.--The conference 
agreement provides $1,034,000, the same as the budget request.
      Environmental cleanup projects.--The conference agreement 
provides $43,842,000, the same as the budget request.
      Office of Legacy Management (non-defense).--The 
conference agreement includes $28,347,000 for the non-defense 
share of the costs of the new Office of Legacy Management, 
which is funded primarily under the Other Defense Activities 
account.
      Non-closure environmental activities.--The conference 
agreement provides $276,245,000, an increase of $29,000,000 
over the request. The conference agreement includes an 
additional $12,000,000 for construction of the depleted uranium 
hexaflouride conversion project at Paducah, Kentucky. The 
conference agreement also provides an additional $17,000,000 to 
continue the Department's activities at Portsmouth, including 
enhanced cold standby, deposit removal, cleanup of technetium-
99 contamination, and accelerated cleanup of the Gaseous 
Centrifuge Enrichment Plant (GCEP). The Department is 
encouraged to work with the contractors and the unions to 
redeploy the existing cold standby workforce to this variety of 
tasks in fiscal year 2004. The conferees encourage the 
Department to continue the existing barter arrangement for part 
of fiscal year 2004 to resolve the problem of uranium 
contaminated with technetium-99, and direct the Department to 
budget funds for this activity in fiscal year 2005. The 
conference agreement also includes a reduction of $323,000 for 
Oak Ridge cleanup activities as requested by the Department.
      Funding adjustment.--The conference agreement includes 
the use of $10,000,000 of prior year balances to offset fiscal 
year 2004 spending.

      Uranium Enrichment Decontamination and Decommissioning Fund

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

                                Science

      The conference agreement provides $3,451,700,000 instead 
of $3,480,180,000 as proposed by the House and $3,360,435,000 
as proposed by the Senate. The conference agreement does not 
include language specifying funding allocations as contained in 
the House and Senate reports. The conferees encourage the 
Department to request sufficient funds for the Office of 
Science in fiscal year 2005 to increase operating time, enhance 
user support, and upgrade essential equipment at the 
Department's Science user facilities.
      The conferees reiterate their support for broader 
participation by universities in DOE's research programs, 
including existing user facilities and potential new user 
facilities. The conferees are aware of the Office of Science's 
strategy for future facilities. Where existing facilities 
provide capabilities critical to a new user facility, co-
location is appropriate; where this is not the case, the 
location of new user facilities should be openly competed. 
Regardless of location, broad participation in design by staff 
from national laboratories, user faculty from universities, and 
industrial investigators and groups should be sought. All these 
user groups must have access to these capabilities on a 
competitive basis.
      High energy physics.--The conference agreement provides 
$725,478,000 for high energy physics research, the same as the 
budget request. The conference agreement also includes the 
requested amount, $12,500,000, for construction of the 
Neutrinos at the Main Injector project at Fermilab. The 
conferees recognize the efforts by Fermilab, the Office of 
Science, and the other Science laboratories on the challenges 
posed by the Tevatron luminosity upgrade. The conferees 
encourage the Department to accelerate progress on the 
Supernova/Accelerator Probe (SNAP).
      Nuclear physics.--The conference agreement provides 
$391,930,000 for nuclear physics, $2,500,000 over the budget 
request. The additional funds are provided for research and 
development and preconceptual design activities in support of 
the Rare Isotope Accelerator. The conferees encourage the 
Department to increase operational time for the Continuous 
Electron Beam Accelerator Facility at the Thomas Jefferson 
National Accelerator Facility and to move forward expeditiously 
with the 12GeV upgrade for this facility.
      Biological and environmental research.--The conference 
agreement includes $592,000,000 for biological and 
environmental research, an increase of $92,465,000 over the 
budget request. The conference agreement provides an additional 
$5,000,000 for the Genomes to Life program, an additional 
$2,000,000 for the Environmental Molecular Sciences Laboratory, 
and $5,000,000 to develop new molecular imaging probes. The 
conference agreement provides the requested amounts of 
$7,776,000 for the Savannah River Ecology Laboratory and 
$17,496,000 for low dose radiation research.
      The conference agreement provides $250,000 for surgical 
robotics research at the Keck Cancer Center with the Cleveland 
Clinic; $250,000 for the Genomics Laboratory at SUNY-Oneonta; 
$750,000 for the San Antonio Cancer Therapy and Research 
Center; $250,000 for the University of South Alabama Cancer 
Center; $250,000 for the University of South Carolina study of 
groundwater contamination; $750,000 for the Jacksonville 
University Environmental Science Center; $750,000 for the St. 
Joseph Hospital technology upgrade in California; $250,000 for 
green power technology development at Grand Valley State 
University; $750,000 to upgrade the Drew University Hall of 
Science in New Jersey; $750,000 to upgrade the Pahrump Medical 
Center; $750,000 to upgrade the Grover C. Dils Medical Center; 
$7,500,000 for the Judson College library, academic and service 
center; $500,000 for the T3 MRI for St. Jude's Children 
Research Hospital in Tennessee; $250,000 for Ohio State 
University for environmental research in cooperation with Earth 
University; $5,000,000 for the Community Improvement 
Corporation of Springfield-Clark County for a computing and 
data management center; $750,000 for the Mercer University 
Critical Personnel Development Program; $750,000 for the 
Michigan Research Institute life sciences research; $750,000 
for the University of Arizona Institute for Biomedical Science 
and Biotechnology; $250,000 for the St. Francis Medical Center 
Rapid Treatment Unit in Illinois; $300,000 for the Boulder City 
Hospital Emergency Room Expansion; $750,000 for the National 
Childhood Cancer Foundation; $750,000 for functional genomics 
research by the University of Kentucky and the University of 
Alabama; $750,000 for the Rensselaer Polytech Center for 
Quantitative Bioscience; $750,000 for the Western Carolinas 
Biotechnology Initiative; $750,000 for the Vanguard University 
Science Center; $750,000 for the Syracuse University 
Environmental Systems Center; $750,000 for the University of 
Tennessee Climate Change Research Initiative; and $300,000 for 
the Eckerd College Science Center.
      The conference agreement includes $500,000 for the 
Biomedical Engineering Laboratory at the Center for Biomedical 
Engineering in Louisiana; $150,000 for the Derby Center for 
Science and Mathematics at Lyon College; $500,000 for the 
Experimental Medicine Program at the Dana Farber Cancer 
Institute; $500,000 for the Clafin University Science Center; 
$500,000 for the Life Sciences Facility, Tennessee State 
University; $1,000,000 for the Rush-Presbyterian-St. Luke's 
Medical Center; $1,000,000 for the Carnegie Mellon University 
Green Chemistry Project; $500,000 for the College of Mount St. 
Vincent Science Hall; $500,000 for the Urban Education Research 
Center in Pennsylvania; $500,000 for genomics research at 
Indiana University; $1,000,000 for the Illinois Museum of 
Science and Industry; $1,000,000 for the Georgia State 
University Science Research & Teaching Lab; $1,000,000 for the 
Northwestern University Institute of Bioengineering and 
Nanoscience in Medicine; $500,000 for the Nuclear Resonance 
Mass Spectrometer at the University of Massachusetts Medical 
School; $500,000 for St. Joseph Hospital in Arizona; $500,000 
for Comparative Functional Genomics at New York University; 
$1,000,000 for Augsburg College; $1,000,000 for the Bronx 
Community Center for Sustainable Energy; $1,000,000 for the 
Carolinas Medical Center; $1,000,000 for the Michigan 
Technology Center for Nanostructure and Light Weight Materials; 
$500,000 for the Tri-State University Technology Center; 
$2,000,000 for the Notre Dame Multi-Discipline Engineering 
Center; and $1,000,000 for the University of Southern 
California Center for Excellence in Neurogenetics.
      The conference agreement includes $10,000,000 for the 
Mental Illness and Neuroscience Discovery Institute; $2,000,000 
for the University of New Mexico medical building; $2,500,000 
for the University of Northern Iowa building design and 
engineering; $500,000 for the University of Dubuque 
Environmental Science Center; $750,000 for the University of 
Missouri Cancer Center; $1,000,000 for the Earth University 
Foundation in Georgia; $750,000 for material research for 
energy security in Idaho; $750,000 for advanced bioreactor 
technology development in Montana; $1,000,000 for the CHP 
project at Mississippi State University; $1,000,000 for the 
University of Alabama-Huntsville Climate Action Project; 
$500,000 for the Hackensack medical building in New Jersey; 
$750,000 for the Middletown Regional Hospital in Ohio; 
$1,000,000 for Clean Energy Research at the University of 
Delaware; and $500,000 for the Center for Advanced Research in 
Texas.
      The conference agreement includes $750,000 for the 
Swedish American Regional Cancer Center; $250,000 for the 
Cancer Center at Edward Hospital; $500,000 for the Morgan State 
University Center for Environmental Toxicology; $1,000,000 for 
Digitalization of the Cardiac Cath Lab at the University 
Medical Center of Southern Nevada; $1,000,000 for Mega Voltage 
Cargo Imaging Development Applications for the Nevada Test 
Site; $1,000,000 for the Nevada Cancer Institute; $1,500,000 
for a Structural Biology Research Center at the Hauptman-
Woodward Medical Research Institute; $2,000,000 for the 
University of Buffalo Center of Excellence in Bioinformatics; 
$1,000,000 for the Huntsman Cancer Institute; $250,000 for the 
St. Francis Hospital Emergency Services Department; $300,000 
for the Christiana Comprehensive Cancer Initiative; $500,000 
for the University of Massachusetts at Boston Multidisciplinary 
Research Facility and Library; $400,000 for the Robert Wood 
Johnson University Hospital; $100,000 for the Hackensack 
University Medical Center; $1,000,000 for the Coastal Research 
Center at the Medical University of South Carolina; $500,000 
for the Mary Bird Perkins Cancer Center; $750,000 for the Tahoe 
Center for Environmental Sciences; $500,000 for Adventist 
Health Care; $1,000,000 for the Environmental Control and Life 
Support Project; $1,000,000 for the Southern California Water 
Education Center; $1,000,000 for the University of Nevada-Reno 
to conduct nuclear waste repository research in the areas of 
materials evaluation, fundamental studies on degradation 
mechanisms, alternate materials and design, and computational 
and analytical modeling; $1,000,000 for the Research Foundation 
at the University of Nevada-Las Vegas to conduct safety and 
risk analyses, simulation and modeling, systems planning, and 
operations and management to support radioactive and hazardous 
materials transportation; $1,000,000 for the Research 
Foundation at the University of Nevada-Las Vegas to assess 
earthquake hazards and seismic risk in Southern Nevada; 
$1,000,000 for the University of Nevada-Reno to expand the 
earthquake engineering and simulation facility; and $100,000 
for the Space Grant Consortium at the Desert Research 
Institute.
      Basic energy sciences.--The conference agreement includes 
$1,016,575,000 for basic energy sciences, an increase of 
$8,000,000 over the budget request. The conference agreement 
includes $575,711,000 for materials sciences and engineering 
research, and $220,914,000 for chemical sciences, geosciences, 
and energy biosciences. The additional $8,000,000 for materials 
sciences and engineering research is to support additional 
nanoscience research at existing user facilities and the new 
nanoscale science research centers. For purposes of 
reprogramming in fiscal year 2004, the Department may 
reallocate funding among all operating accounts within Basic 
Energy Sciences.
      The conference agreement provides the requested amounts 
of $124,600,000 for construction of the Spallation Neutron 
Source (99-E-334); $35,000,000 for the Molecular Foundry (94-R-
313); $29,850,000 for the Center for Integrated 
Nanotechnologies (04-R-313); $20,000,000 for the Center for 
Nanophase Materials Sciences (03-R-312); $7,500,000 for project 
engineering and design (PED) for the Linac Coherent Light 
Source (03-SC-002); and $3,000,000 for the Center for 
Functional Nanomaterials (02-SC-002). The conference agreement 
also provides the request of $7,673,000 for the Experimental 
Program to Stimulate Competitive Research (EPSCoR).
      Advanced scientific computing research.--The conference 
agreement includes $203,490,000 for advanced scientific 
computing research (ASCR), an increase of $30,000,000 over the 
budget request. The conferees provide these additional funds 
for the Department to acquire additional advanced computing 
capability to support existing users in the near term and to 
initiate longer-term research and development on next 
generation computer architectures. The conferees expect that, 
to the maximum extent practicable, these funds will be awarded 
among various technologies, laboratories, universities, and 
private sector suppliers using a merit-based, competitive 
process. The conferees support the High End Computing 
Revitalization Task Force established by the Office of Science 
and Technology Policy, and expect the Department to participate 
fully in this interagency effort.
      Science laboratories infrastructure.--The conference 
agreement provides $54,590,000 for science laboratories 
infrastructure, including an additional $10,000,000 to correct 
safety deficiencies at Science laboratories for the purpose 
described in the House report, and $1,000,000 additional for 
excess facilities disposal for the 88-inch cyclotron at 
Lawrence Berkeley National Laboratory. From within available 
funds, the conferees expect the Department to provide not less 
than $15,600,000 to meet infrastructure needs at Oak Ridge 
National Laboratory.
      The conferees support the ongoing effort to determine 
realistic costs for the transition to external regulation, and 
adopt the House-recommended date of May 31, 2004, for 
completion of the safety compliance audits and associated costs 
estimates for the ten Science laboratories. The conferees also 
support the House direction to the Department to begin 
budgeting for the necessary corrective actions beginning in 
fiscal year 2005.
      The conference agreement provides the requested amounts 
of $1,520,000 for infrastructure support, $5,079,000 for Oak 
Ridge landlord costs, $29,936,000 for construction of various 
infrastructure projects (MEL-001), and $2,000,000 for project 
MEL-001-36 at the Stanford Linear Accelerator Center under 
Science Laboratories Infrastructure Project Engineering Design 
(04-SC-001).
      Fusion energy sciences.--The conference agreement 
includes $264,110,000 for fusion energy sciences, an increase 
of $6,800,000 over the budget request. The budget request 
proposed $12,000,000 for the International Thermonuclear 
Experimental Reactor (ITER), but did so by displacing 
$10,800,000 of ongoing domestic fusion research. The conference 
agreement provides $8,000,000 for ITER activities in fiscal 
year 2004, and restores $6,800,000 to domestic fusion research. 
The conferees strongly caution the Department against 
submitting any future budget requests for ITER that are funded 
at the expense of domestic research.
      Safeguards and security.--The conference agreement 
includes $51,887,000 for safeguards and security activities at 
laboratories and facilities managed by the Office of Science. 
The additional $3,760,000 over the budget request represents 
the costs for safeguards and security support contracts that 
were transferred out of Science Program Direction into this 
subaccount.
      Science workforce development.--The conference agreement 
provides the requested amount of $6,470,000 for science 
workforce development. The conferees advise the Department to 
apply the Laboratory Science Teacher Professional Development 
initiative to all five multiprogram Science laboratories rather 
than just to one laboratory. The conferees also encourage the 
Department to provide funds and technical expertise for high 
school students to participate in the 2004 For Inspiration and 
Recognition of Science and Technology (FIRST) Robotics 
competition. FIRST has proven to be a valuable program to 
introduce and mentor students in math and science.
      Science program direction.--The conference agreement 
includes $147,053,000 for science program direction. This 
amount includes $80,102,000 for field offices, $58,217,000 for 
headquarters, $7,714,000 for the Technical Information 
Management program, and $1,020,000 for Energy Research 
Analyses. The control level for fiscal year 2004 is at the 
program account level of Science Program Direction.
      Funding adjustments.--The conference agreement includes 
an offset of $4,383,000 for the safeguards and security charge 
for reimbursable work, as proposed in the budget request. The 
conference agreement also includes the use of $10,000,000 of 
prior year balances.

                         Nuclear Waste Disposal

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

                      Departmental Administration

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

                    Office of the Inspector General

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

                    Atomic Energy Defense Activities

                National Nuclear Security Administration

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

                           Weapons Activities

      The conference agreement provides $6,272,511,000 for 
Weapons Activities instead of $6,117,609,000 as proposed by the 
House and $6,473,814,000 as proposed by the Senate.
      Reprogramming.--The conference agreement provides limited 
reprogramming authority within the Weapons Activities account 
without submission of a reprogramming to be approved in advance 
by the House and Senate Committees on Appropriations. The 
reprogramming thresholds will be as follows: directed stockpile 
work, science campaigns, engineering campaigns, inertial 
confinement fusion, advanced simulation and computing, pit 
manufacturing and certification, readiness campaigns, and 
operating expenses for readiness in technical base and 
facilities. This should provide the needed flexibility to 
manage these programs.
      In addition, funding of not more than $5,000,000 may be 
transferred between each of these categories and each 
construction project subject to the following limitations: only 
one transfer may be made to or from any program or project; the 
transfer must be necessary to address a risk to health, safety 
or the environment or to assure the most efficient use of 
weapons activities funds at a site; and funds may not be used 
for an item for which Congress has specifically denied funds or 
for a new program or project that has not been authorized by 
Congress.
      Congressional notification within 15 days of the use of 
this reprogramming authority is required. Transfers during the 
fiscal year which would result in increases or decreases in 
excess of $5,000,000 or which would be subject to the 
limitations outlined in the previous paragraph require prior 
notification and approval from the House and Senate Committees 
on Appropriations. Failure to notify the Committees within the 
15-day period will result in denial of the reprogramming.
      W80 life extension project.--The conferees have had a 
special interest in the W80 warhead stockpile life extension 
project (W80 LEP) and have consistently asked for unambiguous 
answers from the NNSA and the Air Force justifying the 
significant budget increases and the aggressive schedule for 
the W80 LEP. In fiscal year 2000, the Nuclear Weapons Council 
agreed to a W80 LEP schedule assuming a W80 LEP First 
Production Unit (FPU) in fiscal year 2006. Based on information 
provided by the Department of Energy submitted subsequent to 
the fiscal year 2004 budget request, the conferees understand 
that both the NNSA and the Department of Defense have agreed to 
a revised W80 LEP baseline delaying the FPU requirement until 
4th quarter fiscal year 2007. Because the fiscal year 2006 FPU 
baseline milestone resulted in a very aggressive W80 LEP 
program, the conferees reduced the significant budget request 
for the W80 LEP in fiscal year 2004.
      Directed stockpile work.--The conference agreement 
includes $1,340,286,000 for directed stockpile work instead of 
$1,343,786,000 as proposed by the House and $1,367,786,000 as 
proposed by the Senate.
      The conference agreement provides $412,650,000 for 
stockpile research and development, a reduction of $20,500,000 
from the budget request. The budget adjustments in stockpile 
R&D include a reduction of $13,000,000 from the budget request 
consistent with the W80 rebaselining reductions and a 
$7,500,000 reduction in the robust nuclear earth penetrator 
study budget request.
      Advanced Concepts.--The conferees provide $6,000,000 for 
Advanced Concepts, as proposed by the Senate, of which 
$4,000,000 is available for obligation only after the official 
delivery of a revised Nuclear Weapons Stockpile plan to 
Congress and a 90-day review period by the House and Senate 
Committees on Appropriations and the Committees on Armed 
Services. The revised Nuclear Weapons Stockpile plan should 
detail the Department of Defense and Department of Energy's 
program plan and detailed schedule to achieve the President's 
proposed inventory adjustments to the Total Strategic 
Stockpile, including the Strategic Active Stockpile and 
Inactive Stockpile, by weapon systems and warhead type.
      Robust Nuclear Earth Penetrator.--The conferees provide 
$7,500,000 for the Robust Nuclear Earth Penetrator study, 
instead of $5,000,000 as proposed by the House and $15,000,000 
as proposed by the Senate. The conferees remind the 
Administration that none of the funds provided may be used for 
activities at the engineering development phases, phase 3 or 
6.3, or beyond, in support of advanced nuclear weapons 
concepts, including the Robust Nuclear Earth Penetrator.
      The conference agreement provides $409,746,000 for 
stockpile maintenance, an increase of $4,000,000 from the 
budget request. Within the funds available for stockpile 
maintenance the conference agreement provides a $10,000,000 
increase for activities at the Y-12 plant in Tennessee to 
complete closeout W87 LEP activities in fiscal year 2004. The 
conference agreement includes a $6,000,000 reduction in W80 
stockpile maintenance activities consistent with the W80 
rebaselining. The conference agreement provides $201,885,000 
for stockpile evaluation, a reduction of $1,000,000 from the 
budget request consistent with the W80 rebaselining reductions. 
In the dismantlement/disposal program the conferees have 
provided $37,722,000, the same as the budget request. In the 
production support program, the conferees have provided 
$271,113,000, a reduction of $7,000,000 from the budget 
request. In field engineering, training and manuals program, 
the conferees have provided $7,170,000, the same as the budget 
request.
      Campaigns.--Funding for individual campaigns is shown on 
the accompanying table. The conferees agree with the House 
language requesting detailed project baseline data for each 
campaign showing the total, annual, and five-year costs, 
schedule, scope, and deliverables for individual project 
activities as part of the annual budget request.
      From within funds provided for the various campaigns, 
$4,300,000 is provided for the University Research Program in 
Robotics.
      For science campaigns, the conference agreement provides 
$250,548,000, a reduction of $19,000,000 from the budget 
request. The conference agreement provides $57,849,000 for 
primary certification, a reduction of $8,000,000 from the 
budget request. In the dynamic materials properties program, 
the conferees have provided $82,251,000 the same as the budget 
request. Using $5,000,000 within the funds provided for dynamic 
materials properties, the NNSA is directed to make full use of 
existing and developing capabilities for materials properties 
studies, including the subcritical experiments at the U1a 
facility, Joint Actinide Shock Physics Experimental Research 
facility and the Atlas facility at the Nevada Test Site. In the 
advanced radiography program, the conferees have provided 
$55,985,000, a reduction of $10,000,000 from the budget 
request. In the secondary certification and nuclear systems 
margins program, the conferees have provided $54,463,000, a 
reduction of $1,000,000 from the budget request.
      For engineering campaigns, the conference agreement 
provides $344,387,000, an increase of $13,200,000 over the 
budget request. Enhanced surety is funded at $32,974,000, a 
reduction of $5,000,000 from the request, consistent with the 
W80 rebaselining reductions. In the weapons system engineering 
certification program, the conferees have provided $27,238,000, 
a reduction of $1,000,000 from the budget request. In the 
nuclear survivability program, the conferees have provided 
$22,977,000, a reduction of $1,000,000 from the budget request. 
In the enhanced surveillance program, the conferees have 
provided $91,781,000, a reduction of $3,000,000 from the budget 
request. In the advanced design and production technologies 
program, the conferees have provided $77,917,000, a reduction 
of $2,000,000 from the budget request.
      Engineering campaign construction projects.--The 
conference agreement provides $87,000,000, an increase of 
$25,200,000 over the budget request, for Project 01-D-108, 
Microsystem and engineering science applications (MESA) at 
Sandia, in New Mexico.
      Inertial Confinement Fusion (ICF) Ignition and High 
Yield.--The conferees include $517,269,000 for the inertial 
confinement fusion ignition and high yield program, an increase 
of $50,500,000 over the budget request.
      National Ignition Facility.--Within the funds provided, 
$150,000,000 is for National Ignition Facility (NIF) 
construction, Project 96-D-111, and $367,269,000 is for the ICF 
ignition and high yield program. Within the funds provided for 
the NIF program, the conferees direct the Department to fund a 
public-private research and development activity focused on 
damage resistant gratings at not less than $1,000,000.
      The conferees note that NIF construction funds and NIF 
program funds have been provided consistent with the 
Administration's request, but are concerned that these budget 
figures are not consistent with the revised NIF baseline due to 
the Department's decision to fund a variety of NIF-related 
projects and programs within the overall NIF program. While the 
conferees are supportive of these activities and believe them 
necessary to achieve the goal of ignition, they strongly 
recommend that the Department submit future budgets that fund 
these activities as one or more separate line items.
      Inertial Fusion Technology.--The conferees also include 
$25,000,000 to continue development of high average power 
lasers and supporting science and technology, the budget 
request of $10,467,000 for the Naval Research Laboratory, and 
$63,132,000 for the University of Rochester, an increase of 
$20,000,000 over the budget request. The additional funding is 
provided to the University of Rochester's Laboratory for Laser 
Energetics for the OMEGA Extended Performance (EP) Facility in 
support of the Nation's stockpile stewardship program. The 
conferees expect additional funding requirements to complete 
Omega EP construction will be included by the Department in 
future budget requests. Additionally, the conferees provide 
funding of $4,000,000 to initiate assessments and initial 
development and testing of Z-Pinch inertial fusion energy.
      Petawatt Lasers.--The conferees also include an 
additional $4,500,000 for university grants and other support. 
Within this amount, $2,500,000 is provided for the continued 
development of an ultra short-pulse petawatt laser at the 
University of Texas; and $2,000,000 is provided to continue 
short-pulse laser development and research at the University of 
Nevada-Reno.
      The conferees agree with the Senate position that high 
intensity laser physics enables major new areas of science and 
engineering endeavor in the United States and that advances in 
this field will enable important progress in critical aspects 
of basic science, fusion energy, and national security. A 
robust, coordinated program in high intensity lasers will 
affordably maintain U.S. leadership in this critically 
important area. Accordingly, the conferees direct the 
Department to pursue a joint high intensity laser program with 
the National Science Foundation. The conferees further direct 
the NNSA and the Department's Office of Science to develop, in 
collaboration with the NSF, a report that identifies the 
benefits and disadvantages of multi-agency coordinated research 
in high intensity laser science and delineates how a joint 
program in this area will be structured. This report shall be 
delivered to the House and Senate Committees on Appropriations 
no later than April 15, 2004.
      For advanced simulation and computing, the conference 
agreement provides $725,626,000, as proposed by the Senate. 
From within available funds for advanced simulation and 
computing, $6,000,000 is provided for the development of a 
data-intensive computing center to be operated by the Ohio 
Supercomputing Center at its Springfield, Ohio site; $3,000,000 
is provided to demonstrate three-dimensional chip scale 
packaging integrated with spray cooling. The conferees direct 
the University Partnerships program be funded at the budget 
request.
      For the pit manufacturing and certification campaign, the 
conference agreement provides $298,528,000 a reduction of 
$21,700,000 from the budget request. The conference agreement 
provides $126,773,000 for W88 pit manufacturing and 
$108,592,000 for W88 pit certification, the same as the budget 
request. Providing the requested level of funding will ensure 
that the NNSA maintains its commitment toproduce a certified 
W88 pit by 2007. The conference agreement provides $10,000,000 for Pit 
Manufacturing Capability instead of $4,700,000 as proposed by the House 
and $19,700,000 as proposed by the Senate. The conference agreement 
provides $10,810,000 for the Modern Pit Facility, a reduction of 
$12,000,000 from the request. The conferees agree with the House Report 
that until the Congress reviews the revised future Stockpile plan it is 
premature to pursue further decisions regarding the Modern Pit 
Facility.
      For readiness campaigns, the conference agreement 
provides $247,097,000, a reduction of $10,000,000 from the 
budget request. Funding for the Stockpile readiness campaign 
includes $55,158,000, the same as the budget request. High 
explosives manufacturing and weapons assembly/disassembly 
readiness is funded at $23,649,000, instead of $19,649,000 as 
proposed by the House and $27,649,000 as proposed by the 
Senate. The $6,000,000 reduction to the budget request for this 
program slows the significant program growth from the previous 
year. The conference agreement provides $33,397,000 for Non-
nuclear readiness, a reduction of $4,000,000 as proposed by the 
House, consistent with the W80 rebaselining reductions. Funding 
for the tritium readiness campaign includes $134,893,000, the 
same as the budget request.
      Readiness in technical base and facilities.--For 
readiness in technical base and facilities, the conference 
agreement provides $1,027,773,000 for operations of facilities, 
an increase of $55,000,000 over the budget request, and 
includes several funding adjustments.
      Within funds provided for operations of facilities, the 
conferees direct that, at a minimum, an additional $5,000,000 
be provided for the Pantex Plant in Texas and an additional 
$5,000,000 be provided for the Y-12 Plant in Oak Ridge, 
Tennessee; an additional $5,000,000 for the Kansas City Plant 
to address pension liability issues; and an additional 
$10,000,000 for Los Alamos National Laboratory. The conference 
agreement provides an additional $5,000,000 to support 
operation of facilities at the Nevada Test Site (NTS), 
including the Device Assembly Facility, the Joint Actinide 
Shock Physics Experimental Research facility, operations 
associated with the Atlas relocation project, U1a operations, 
general plant projects and other NTS support facilities. An 
additional $25,000,000 is provided for continued facility 
upgrades, refurbishments, operations and maintenance costs 
associated with and for the National Center for Combating 
Terrorism (NCCT). Within the funds available for the NCCT, not 
less than $5,000,000 is provided jointly to the Institute for 
Security Studies at UNLV and the Consortium of Terrorism 
Studies and Fire Science at the University of Nevada, Reno. The 
conference agreement includes an additional $5,000,000 for 
modifications of the Z-beamlet laser to the Z machine 
operations at Sandia. Within available funds, the conference 
agreement includes $3,000,000 for technology transfer 
activities as proposed by the Senate. The conference agreement 
provides $500,000 within available funds for the NNSA to 
utilize the capabilities of its national laboratories for a 
joint effort with the U.S. Consumer Product Safety Commission 
on sensor technologies and applications as proposed by the 
Senate.
      For program readiness, the conference agreement provides 
$131,093,000 the same as the budget request.
      Test Readiness.--Within funds provided for program 
readiness activities the conference agreement provides 
$24,891,000 for test readiness in Nevada, the same as the 
budget request. The conferees recognize that test readiness 
activities in Nevada were allowed to atrophy during the last 
decade under the current nuclear test moratorium as documented 
by the DOE Inspector General and the NNSA's internal 
assessments. However, the conferees expect the NNSA to focus on 
restoring a rigorous test readiness program that is capable of 
meeting the current 24-month requirement before requesting 
significant additional funds to pursue a more aggressive goal 
of an 18-month readiness posture. The conferees expect the 
House and Senate Appropriations Committees be kept informed on 
the progress of restoring the current test readiness program. 
The conferees remind the Administration that Congressional 
authorization must be obtained before proceeding with specific 
activities that support the resumption of testing.
      For special projects, the conference agreement provides 
$51,675,000, an increase of $8,700,000 over the budget request. 
Within funds provided for special projects, the conference 
agreement includes $6,900,000 for the New Mexico Education 
Enrichment Foundation; $1,000,000 for the preservation of 
Manhattan Project historical sites; $500,000 for the Atomic 
Testing History Institute; $1,000,000 for the UNLV Research 
Foundation; $2,000,000 for stockpile stewardship research at 
the Nevada terarwatt facility at the University of Nevada-Reno; 
$3,000,000 is provided for Total Asset Management Suite (TAMS) 
technology to be applied to a defense lab or site; $3,000,000 
is provided for a defense and security research center; and the 
budget request for the Los Alamos County Schools.
      The conference agreement includes $76,189,000 for 
materials recycle and recovery, the same as the budget request.
      The conference agreement includes the budget request of 
$16,006,000 for containers, $11,365,000 for storage, and 
$89,694,000 for nuclear weapons incident response.
      Construction projects.--For construction projects in 
RTBF, the conference agreement includes $260,440,000, a 
$12,936,000 reduction from the budget request. The conferees 
included the following adjustments to reflect the latest 
program planning assumption. The conference agreement provides 
$10,000,000 for Project 04-D-125, Chemistry and Metallurgy 
Facility Replacement (CMR-R) at Los Alamos in New Mexico, a 
reduction of $10,500,000 from the budget request; $11,300,000 
for Project 03-D-121, Gas Transfer Capacity Expansion, at 
Kansas City Plant, Kansas City, a reduction of $4,000,000 from 
the budget request; $3,564,000 for Project 04-D-103, Project 
Engineering and Design (PED), various locations, an increase of 
$1,564,000 from the budget request.
      Facilities and infrastructure recapitalization.--The 
conference agreement includes $240,123,000 for the facilities 
and infrastructure (F&I) recapitalization program, a reduction 
of $25,000,000 from the budget request due to funding 
constraints. The conferees agree with the House direction to 
procure decontamination, decommissioning and demolition 
services through an open competitive process to the greatest 
extent practicable. At least $45,000,000 is to be used to 
dispose of excess facilities.
      Secure Transportation Asset.--The conference agreement 
provides $162,400,000 for secure transportation asset, as 
proposed by the Senate. The fiscal year 2003 supplemental 
included an additional $20,000,000 for the secure 
transportation asset and the conferees direct the use of the 
carryover balances for fiscal year 2004. The secure 
transportation asset program provides for the safe, secure 
movement of nuclear weapons, special nuclear material, and 
weapon components between military locations and nuclear 
complex facilities within the United States.
      Safeguards and security.--The conference agreement 
includes $585,750,000, the same as the budget request, for 
safeguards and security activities at laboratories and 
facilities managed by the National Nuclear Security 
Administration. The conferees are aware that there are unique 
security requirements at the Y-12 plant in Tennessee and that 
additional resources are needed to address the current 
deficiencies. The conferees direct the NNSA to address those 
security needs within available funds or propose a 
reprogramming action to provide the necessary resources.
      Funding adjustments.--The conference agreement includes 
an adjustment of $28,985,000 for a security charge for 
reimbursable work, as proposed in the budget, and the use of 
$74,753,000 in prior year balances. In addition, the conferees 
direct the Department to use $23,000,000 of prior year funds to 
meet a portion of the Department's liability stemming from the 
termination of the contract with the Ohio Valley Electric 
Corporation for power to supply the Portsmouth Gaseous 
Diffusion Plant.

                    Defense Nuclear Nonproliferation

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

                             Naval Reactors

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

                      Office of the Administrator

      The conference agreement provides $339,980,000 for the 
Office of the Administrator instead of $341,980,000 as proposed 
by the House and $337,980,000 as proposed by the Senate. These 
funds are available until expended as proposed by the Senate. 
Statutory language providing $12,000 for official reception and 
representation expenses has also been included.
      The conferees direct the Administrator of NNSA to provide 
at least $2,500,000 for the NNSA Office of Project Management 
and Engineering Support to continue its project oversight work 
and to provide training and mentoring programs to improve the 
skills of NNSA program and project managers.
      Defense Nuclear Nonproliferation.--The conference 
agreement provides $58,000,000 for the Federal employees in the 
Office of Defense Nuclear Nonproliferation. None of these funds 
may be taxed by the NNSA for any purpose without prior 
notification and approval by the House and Senate Committees on 
Appropriations.

               Environmental and Other Defense Activities

                    DEFENSE ENVIRONMENTAL MANAGEMENT

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

                  DEFENSE SITE ACCELERATION COMPLETION

      The conference agreement provides $5,651,062,000 for 
defense site acceleration completion, instead of $5,758,278,000 
as proposed by the House and $5,770,695,000 as proposed by the 
Senate.
      Accelerated Completions 2006.--The conference agreement 
provides $1,248,453,000, an increase of $3,282,000 over the 
request to reflect the adjustment for accelerated Oak Ridge 
cleanup activities.
      Accelerated Completions 2012.--The conference agreement 
provides $2,236,252,000, an increase of $7,938,000 over the 
request to reflect the adjustment for accelerated Oak Ridge 
cleanup activities.
      Accelerated Completions 2035.--The conference agreement 
provides $1,929,536,000, a reduction of $49,061,000 from the 
budget request to reflect the adjustment for accelerated Oak 
Ridge cleanup activities.
      From within available funds, the conferees direct the 
Department to provide a total of $6,000,000 for worker training 
programs and supporting communications infrastructure, 
oversight, and management activities at the Hazardous Materials 
Management and Emergency Response Training and Education 
Center. The conferees direct the Department to provide 
$8,500,000 for the Hazardous Waste Worker Training Program from 
within available funds. The conference agreement provides 
$750,000 from within available funds to the State of Oregon for 
its oversight activities related to the Hanford cleanup.
      The conferees direct the Department to pay its title V 
air permitting fees at the Idaho National Laboratory consistent 
with prior year levels, and to bring the Pit 9 litigation to an 
end as expeditiously as possible. The conference agreement 
includes the budget request of $1,356,000 for activities at 
Amchitka Island, Alaska.
      Waste Isolation Pilot Plant.--The Department's activities 
at the Waste Isolation Pilot Plant (WIPP) are primarily funded 
under the Accelerated Completions 2035 subaccount within the 
Defense Site Acceleration Completion account. From within 
available funds for Accelerated Completions 2035, the conferees 
direct the Department to provide an additional $3,500,000 to 
the Carlsbad community for educational support, infrastructure 
improvements, and related initiatives to address the impacts of 
accelerated operations at WIPP, and an additional $1,500,000 to 
consolidate at Carlsbad all record archives relevant to the 
operations of WIPP and the transuranic waste in WIPP.
      Technology Development and Deployment.--The conference 
agreement provides $66,920,000, an increase of $3,000,000 over 
the budget request. From within available funds, the conference 
agreement provides $4,500,000 to continue the five-year 
agreement with AEA technology and $7,000,000 to continue the 
five-year agreement with Florida International University's 
Hemispheric Center for Environmental Technology.
      Within available funds, the conference agreement provides 
$5,000,000 for the Western Environmental Technology Office; 
$5,000,000 for the Diagnostic Instrumentation and Analysis 
Laboratory; $2,000,000 for work on the subsurface science 
research institute by Idaho National Laboratory and the Inland 
Northwest Research Alliance institutions; and $3,000,000 for 
the Mid-Atlantic Recycling Center for End-of-Life Electronics. 
The conferees direct the Department to renew its cooperative 
agreements with the University of Nevada-Las Vegas Research 
Foundation and the University of Nevada-Reno, and to continue 
its support of the Tribal Colleges Initiative involving 
Crownpoint Institute of Technology, Dine College in New Mexico, 
and the Southwestern Indian Polytechnic Institute to develop 
high quality environmental programs at tribal colleges.
      Within available funds, the conference agreement provides 
$3,000,000 to continue the arsenic removal research in 
conjunction with the American Water Works Association as begun 
in fiscal year 2003; $3,000,000 in support of desalination 
research consistent with the Desalination and Water 
Purification Technology roadmap developed in partnership with 
the Bureau of Reclamation; $750,000 to support the public/
private ZeroNet Energy Water Initiative; and $3,000,000 to fund 
the demonstration on Native American reservations of a stand-
alone stirling engine combined with an advanced vapor 
compression distillation system for removing water 
contaminants.
      Within available funds, the conference agreement provides 
$1,500,000 for the Advanced Monitoring Systems Initiative at 
the Nevada Test Site; $1,000,000 for the Management of Nevada 
Natural Resources with Remote Sensing Systems program; 
$1,000,000 for the Desert Research Institute's Yucca Mountain 
Environmental Monitoring Program; and $500,000 to initiate 
development of an electrochemical system utilizing ceramic 
ionic transport membranes for the recycle and disposal of 
radioactive sodium-ion waste.
      Reprogramming authority.-- The conferees support the need 
for flexibility to meet changing funding requirements at sites 
that are undergoing accelerated cleanup activities. In fiscal 
year 2004, each site manager may transfer up to $5,000,000 
between Defense Site Acceleration Completion subaccounts (i.e., 
accelerated completions 2006, accelerated completions 2012, 
accelerated completions 2035, and line item construction 
projects) to reduce health or safety risks or to gain cost 
savings as long as no program or project is increased or 
decreased by more than a total of $5,000,000 during the fiscal 
year. This reprogramming authority may not be used to initiate 
new programs or programs specifically denied, limited, or 
increased by Congress in the Act or report. The Committees on 
Appropriations in the House and Senate must be notified within 
thirty days of the use of this reprogramming authority.
      Safeguards and security.--The conference agreement 
includes $303,606,000, an increase of $3,629,000 over the 
budget request, for safeguards and security activities at 
laboratories and facilities managed by the Office of 
Environmental Management. The increase reflects the adjustment 
for accelerated Oak Ridge cleanup activities.
      Funding adjustments.--The conference agreement includes 
the use of $132,361,000 of prior year balances to offset fiscal 
year 2004 spending. In addition, theconferees direct the 
Department to use $21,000,000 of prior year balances to meet a portion 
of the Department's liability stemming from the termination of the 
contract with the Ohio Valley Electric Corporation for power to supply 
the Portsmouth Gaseous Diffusion Plant. The conference agreement also 
includes an offset of $1,344,000 for the security costs associated with 
reimbursable work.

                     DEFENSE ENVIRONMENTAL SERVICES

      The conference agreement provides $991,144,000 instead of 
$990,179,000 as proposed by the House and $987,679,000 as 
proposed by the Senate. The conference agreement includes 
$61,570,000 for community and regulatory support, $452,000,000 
for the Federal contribution to the Uranium Enrichment 
Decontamination and Decommissioning Fund, $210,430,000 for non-
closure environmental activities, and $287,144,000 for program 
direction. The conference agreement includes within these 
amounts an additional $20,732,000 in non-closure environmental 
activities and an additional $233,000 in community and 
regulatory support to reflect the adjustment for accelerated 
Oak Ridge cleanup activities.
      Within available funds, the conference agreement includes 
$2,500,000 for the Waste Management Education and Research 
Consortium consistent with the terms of its cooperative 
agreement with the Department, and $500,000 to support the 
Energy and Environmental Hispanic Community Participation 
project of the Self Reliance Foundation.
      From within available funds for Community and Regulatory 
Support, the conferees direct the Department to use $1,000,000 
for regulatory and technical assistance to the State of New 
Mexico to amend the existing WIPP Hazardous Waste Permit to 
comply with the provisions of section 310 of this Act. Also 
from within available funds, the conferees provide $3,000,000 
for the US-Mexico Border Program and expect the funds to be 
allocated for the following activities which focus on reducing 
waste streams that threaten public health along the US-Mexico 
border: Ongoing university programs associated with the needs 
of Carlsbad and WIPP and the Center of Excellence in Hazardous 
Materials.
      Within the funds available for community and regulatory 
support, the conferees direct the Department to provide 
$1,000,000 for the State of Nevada and $4,000,000 for the 
affected units of local government for external oversight 
activities related to nuclear waste disposal in Nevada.

             DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION

                              (RESCISSION)

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

                        Other Defense Activities

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

                     ENERGY SECURITY AND ASSURANCE

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

                           OFFICE OF SECURITY

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

                              INTELLIGENCE

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

                          COUNTERINTELLIGENCE

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

            INDEPENDENT OVERSIGHT AND PERFORMANCE ASSURANCE

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

                ENVIRONMENT, SAFETY AND HEALTH (DEFENSE)

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

                    WORKER AND COMMUNITY TRANSITION

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

                           LEGACY MANAGEMENT

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

                FUNDING FOR DEFENSE ACTIVITIES IN IDAHO

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

           NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUPPORT

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

                     OFFICE OF HEARINGS AND APPEALS

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

                          FUNDING ADJUSTMENTS

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

                     Defense Nuclear Waste Disposal

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

                    Power Marketing Administrations

                  BONNEVILLE POWER ADMINISTRATION FUND

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

      OPERATION AND MAINTENANCE, SOUTHEASTERN POWER ADMINISTRATION

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

      OPERATION AND MAINTENANCE, SOUTHWESTERN POWER ADMINISTRATION

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

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

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

           FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

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

                  Federal Energy Regulatory Commission

                         SALARIES AND EXPENSES

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

                           General Provisions

                          Department of Energy

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

                   (TRANSFERS OF UNEXPENDED BALANCES)

      Sec. 305. The conference agreement includes a provision 
proposed by the House and Senate that permits the transfer and 
merger of unexpended balances of prior appropriations with 
appropriation accounts established in this bill. This provision 
has been carried in previous Energy and Water Development 
Appropriations Acts.
      Sec. 306. The conference agreement includes a provision 
proposed by the House and Senate prohibiting the Bonneville 
Power Administration from performing energy efficiency services 
outside the legally defined Bonneville service territory unless 
the Administrator certifies in advance that such services are 
not available from private sector businesses. This provision 
has been carried in previous Energy and Water Development 
Appropriations Acts.
      Sec. 307. The conference agreement includes a provision 
proposed by the House establishing certain notice and 
competition requirements for Department of Energy user 
facilities. This provision has been carried in previous Energy 
and Water Development Appropriations Acts.
      Sec. 308. The conference agreement includes a provision 
proposed by the House and Senate allowing the Administrator of 
the National Nuclear Security Administration to authorize 
certain nuclear weapons production plants, including the Nevada 
Test Site, to use not more than 2 percent of available funds 
for research, development and demonstration activities. This 
provision has been carried in previous Energy and Water 
Development Appropriations Acts.
      Sec. 309. The conference agreement includes a provision 
proposed by the House and Senate which would authorize 
intelligence activities of the Department of Energy for 
purposes of section 504 of the National Security Act of 1947 
until enactment of the Intelligence Authorization Act for 
fiscal year 2004.
      Sec. 310. The conference agreement includes a provision 
proposed by the Senate limiting the types of waste that can be 
disposed of in the Waste Isolation Pilot Plant in New Mexico. 
None of the funds may be used to dispose of transuranic waste 
in excess of 20 percent plutonium by weight for the aggregate 
of any material category. At the Rocky Flats site, this 
provision includes: ash residues; salt residues; wet residues; 
direct repackage residues; and scrub alloy as referenced in the 
``Final Environmental Impact Statement on Management of Certain 
Plutonium Residues and Scrub Alloy Stored at the Rocky Flats 
Environmental Technology Site''. This provision has been 
carried in previous Energy and Water Development Appropriations 
Acts.
      Sec. 311. The conference agreement includes a provision 
that requires that waste characterization at WIPP be limited to 
determining that the waste is not ignitable, corrosive, or 
reactive. This confirmation will be performed using radiography 
or visual examination of a representative subpopulation of the 
waste. The language directs the Department of Energy to seek a 
modification to the WIPP Hazardous Waste Facility Permit to 
implement the provisions of this section.
      Sec. 312. The conference agreement modifies a provision 
proposed by the Senate allowing the disposal of certain waste 
at Fernald, Ohio, and the Niagara Falls Storage Site as 
``byproduct material'' as defined by section 11e.(2) of the 
Atomic Energy Act.
      Sec. 313. The conference agreement includes a provision 
proposed by the Senate limiting the funds that may be expended 
under the Advanced Concepts Initiative.
      Sec. 314. The conference agreement modifies a provision 
proposed by the Senate relating to the Martin's Cove lease.
      Sec. 315. The conference agreement includes a provision 
proposed by the Senate regarding the reinstatement and transfer 
of the FERC License for Project No. 2696.
      Sec. 316. The conference agreement includes a provision 
limiting the use of funds provided for external oversight 
activities by the State of Nevada and the affected units of 
local government.
      Provisions not adopted by the conference.--The conference 
agreement deletes language proposed by the Senate that: changes 
the arrangement for funding from the power marketing 
administrations for Corps of Engineers hydropower operation and 
maintenance activities; the limitation on funds available for 
engineering development of the robust nuclear earth penetrator; 
transfer responsibility for Subtitle D of the Energy Employees 
Occupational Illness Compensation Program Act (EEOICPA) from 
the Department of Energy to the Department of Labor; and that 
requires a report on administrative expenditures by DOE for 
EEOICPA activities.

                       Conference Recommendations

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


                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                Defense Nuclear Facilities Safety Board

                         SALARIES AND EXPENSES

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

                        Delta Regional Authority

                         SALARIES AND EXPENSES

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

                           Denali Commission

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

                     Nuclear Regulatory Commission

                         SALARIES AND EXPENSES

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

                                TITLE V

                           GENERAL PROVISIONS

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

                   Conference Total--With Comparisons

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

                        [In thousands of dollars]

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

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

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

                                
