[108th Congress Public Law 137]
[From the U.S. Government Printing Office]


[DOCID: f:publ137.108]

[[Page 117 STAT. 1827]]

Public Law 108-137
108th Congress

                                 An Act


 
 Making appropriations for energy and water development for the fiscal 
year ending September 30, 2004, and for other purposes. <<NOTE: Dec. 1, 
                         2003 -  [H.R. 2754]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Energy and Water 
Development Appropriations Act, 2004.>> 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.

    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,

[[Page 117 STAT. 1828]]

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.

    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

[[Page 117 STAT. 1829]]

further, That no funds made available under this Act or any other Act 
for any fiscal year may be used by the Secretary of the Army to carry 
out the construction of the Port Jersey element of the New York and New 
Jersey Harbor or reimbursement to the Local Sponsor for the construction 
of the Port Jersey element until commitments for construction of 
container handling facilities are obtained from the non-Federal sponsor 
for a second user along the Port Jersey element: Provided 
further, <<NOTE: Florida. Deadline. Reports.>> 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, <<NOTE: Florida. Notice.>> 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

[[Page 117 STAT. 1830]]

connections to the existing system at Kake, Alaska: Provided further, 
That the Secretary of the Army, acting through the Chief of Engineers, 
is directed to proceed with the construction of the Wrangell Harbor, 
Alaska, project in accordance with the Chief of Engineer's report dated 
December 23, 1999: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use $33,400,000 of 
the funds appropriated herein for the Clover Fork, City of Cumberland, 
Town of Martin, Pike County (including Levisa Fork and Tug Fork 
Tributaries), Bell County, Harlan County in accordance with the Draft 
Detailed Project Report dated January 2002, Floyd County, Martin County, 
Johnson County, and Knox County, Kentucky, detailed project report, 
elements of the Levisa and Tug Forks of the Big Sandy River and Upper 
Cumberland River: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use funds 
appropriated for the navigation project, Tampa Harbor, Florida, to carry 
out, as part of the project, construction of passing lanes in an area 
approximately 3.5 miles long, centered on Tampa Bay Cut B, if the 
Secretary determines that such construction is technically sound, 
environmentally acceptable, and cost effective: Provided further, That 
using $200,000 appropriated herein, the Secretary of the Army, acting 
through the Chief of Engineers, may develop an environmental impact 
statement for introducing non-native oyster species into the Chesapeake 
Bay: Provided further, That during preparation of the environmental 
impact statement, the Secretary may establish a scientific advisory body 
consisting of the Virginia Institute of Marine Science, the University 
of Maryland, and other appropriate research institutions to review the 
sufficiency of the environmental impact statement: Provided further, 
That in addition, the Secretary shall give consideration to the findings 
and recommendations of the National Academy of Sciences report on the 
introduction of non-native oyster species into the Chesapeake Bay in the 
preparation of the environmental impact statement: Provided further, 
That notwithstanding the cost sharing provisions of section 510(d) of 
the Water Resources Development Act of 1996 (110 Stat. 3760), the 
preparation of the environmental impact statement shall be cost shared 
50 percent Federal and 50 percent non-Federal, for an estimated cost of 
$2,000,000: Provided further, That the non-Federal sponsors may meet 
their 50 percent matching cost share through in-kind services: Provided 
further, That the Secretary determines that work performed by the non-
Federal sponsors is reasonable, allowable, allocable, and integral to 
the development of the environmental impact statement: Provided further, 
That the Secretary of the Army, acting through the Chief of Engineers, 
is directed to construct the Miami Harbor project, as recommended in the 
Miami Harbor Letter Report dated August 2002, as revised February 2003: 
Provided further, That using $500,000 of the funds appropriated herein, 
the Secretary of the Army, acting through the Chief of Engineers, is 
authorized and directed to plan, design, and initiate reconstruction of 
the Cape Girardeau, Missouri, project, originally authorized by the 
Flood Control Act of 1950, at an estimated total cost of $9,000,000, 
with cost sharing on the same basis as cost sharing for the project as 
originally authorized, if the Secretary determines that the 
reconstruction is technically sound and environmentally acceptable: 
Provided further, That the planned reconstruction shall be based on the 
most cost-effective engineering solution and shall require

[[Page 117 STAT. 1831]]

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.

    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.

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects; for providing security for 
infrastructure owned and operated by, or on behalf of, the United States 
Army Corps of Engineers, including administrative buildings and 
facilities, laboratories, and the Washington Aqueduct; for the 
maintenance of harbor channels provided by a State, municipality, or 
other public agency that serve essential navigation needs of general 
commerce, where authorized by law; and for surveys and charting of 
northern and northwestern lakes and connecting waters, clearing and 
straightening channels, and removal of obstructions to navigation, 
$1,967,925,000, 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 United States Army 
Corps of Engineers established by the Land and Water Conservation Act of 
1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from that 
account for resource protection, research, interpretation, and 
maintenance activities related to resource protection in the areas at 
which outdoor recreation is available; and of which such sums as become 
available under section 217 of the Water Resources Development Act of 
1996, Public Law 104-303, shall be used to cover the cost of operation 
and maintenance of the dredged material disposal facilities for which 
fees have been collected: Provided, That 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

[[Page 117 STAT. 1832]]

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.

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

[[Page 117 STAT. 1833]]

    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.

    For expenses necessary for general administration and related civil 
works functions in the headquarters of the United States Army Corps of 
Engineers, the offices of the Division Engineers, the Humphreys Engineer 
Center Support Activity, the Institute for Water Resources, the United 
States Army Engineer Research and Development Center, and the United 
States Army Corps of Engineers Finance Center, $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.

    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.

    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,

[[Page 117 STAT. 1834]]

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.

    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

[[Page 117 STAT. 1835]]

        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

[[Page 117 STAT. 1836]]

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 <<NOTE: 23 USC 2201 
note.>> 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 <<NOTE: 33 USC 
2336.>> 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

[[Page 117 STAT. 1837]]

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

[[Page 117 STAT. 1838]]

                          (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, <<NOTE: Reports. Deadline.>> 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

[[Page 117 STAT. 1839]]

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

[[Page 117 STAT. 1840]]

                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.

[[Page 117 STAT. 1841]]

                    (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.

[[Page 117 STAT. 1842]]

            ``(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

[[Page 117 STAT. 1843]]

        project to repair and upgrade the water supply and delivery 
        system for the city of San Francisco.
            (2) Contributions.--The Secretary may use the authority 
        under section 214 of the Water Resources Development Act of 2000 
        (33 U.S.C. 2201 note) for the project described in paragraph 
        (1).
            (3) Protection of impartial decisionmaking.--In carrying out 
        this section, the Secretary and the heads of Federal agencies 
        receiving funds under such section 214 for the project described 
        in paragraph (1) shall ensure that the use of the funds accepted 
        under such section for such project will not impact impartial 
        decision making with respect to the issuance of permits, either 
        substantively or procedurally, or diminish, modify, or otherwise 
        affect the statutory or regulatory authorities of such agencies.

    Sec. 141. Wolf Lake, Indiana. The project for aquatic ecosystem 
restoration, Wolf Lake, Indiana, being carried out under section 206 of 
the Water Resources Development Act of 1996 (33 U.S.C. 2330), is 
modified to direct the Secretary to credit toward the non-Federal share 
of the cost of the project the cost of planning, design, and 
construction work carried out by the non-Federal interest before the 
date of the project cooperation agreement for the project if the 
Secretary determines that the work is integral to the project.
    Sec. 142. Cook County, Illinois. The Secretary of the Army is 
directed to credit up to $80,000 for design work completed by non-
Federal interests, prior to and after the signing of the project 
cooperation agreement, toward the non-Federal share of the project for 
Calumet and Burr Oaks Schools Sewer Improvements, Cook County, Illinois, 
authorized by section 219(f)(54) of the Water Resources Development Act 
of 1992 (Public Law 102-580, as amended), if the Secretary determines 
that the work is integral to the project.
    Sec. 143. Los Angeles Harbor, Los Angeles, California. The project 
for navigation, Los Angeles Harbor, Los Angeles, California, authorized 
by section 101(b)(5) of the Water Resources Development Act of 2000 (114 
Stat. 2577), is modified to direct the Secretary to credit toward the 
non-Federal share of the cost of the project the cost of the planning, 
design, and construction work carried out by the non-Federal interest 
before the date of the partnership agreement for the project if the 
Secretary determines the work is integral to the project.
    Sec. 144. San Lorenzo River, California. The project for flood 
control, San Lorenzo River, California, authorized by section 101(a)(5) 
of the Water Resources Development Act of 1996 (110 Stat. 3663), is 
modified to direct the Secretary to credit not more than $2,000,000 
toward the non-Federal share of the cost of the project for the cost of 
the work carried out by the non-Federal interest before the date of the 
project cooperation agreement for the project if the Secretary 
determines the work is integral to the project.
    Sec. 145. Calumet Region, Indiana. Section 219(f)(12) of the Water 
Resources Development Act of 1992 (113 Stat. 335) is amended--
            (1) by striking ``$10,000,000'' and inserting 
        ``$30,000,000''; and

[[Page 117 STAT. 1844]]

            (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 <<NOTE: 113 Stat. 312.>> 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 <<NOTE: 114 Stat. 2763A-221.>> 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.

[[Page 117 STAT. 1845]]

    (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.

[[Page 117 STAT. 1846]]

    (b) Critical Flood Damage Reduction Measures.--The Secretary may 
carry out critical flood damage reduction measures that the Secretary 
determines are feasible and that will provide immediate and substantial 
flood damage reduction benefits in the Harris Gully watershed, at a 
Federal cost of $7,000,000.
    (c) Credit.--The Secretary shall credit toward the non-Federal share 
of the cost of the project the cost of planning, design, and 
construction work carried out by the non-Federal interest before the 
date of the partnership agreement for the project if the Secretary 
determines that such work is integral to the project.
    (d) Nonprofit Entity.--Notwithstanding section 221 of the Flood 
Control Act of 1970 (42 U.S.C. 1962d-5b), a nonprofit entity may, with 
the consent of the local government, serve as a non-Federal interest for 
the project undertaken under this section.
    Sec. 158. The Secretary may carry out the Reach J, Segment 1, 
element of the project for hurricane and storm damage reduction, 
Morganza to the Gulf of Mexico, Louisiana, in accordance with the report 
of the Chief of Engineers, dated August 23, 2002, and supplemental 
report dated July 22, 2003, at a total cost of $4,000,000.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

    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:

    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

[[Page 117 STAT. 1847]]

$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, <<NOTE: 43 USC 
2241. Bureau of Reclamation Loan Program Account>> is amended further by 
          inserting ``2003, and 2004'' in lieu of ``and 2003''.

    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.

    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.

    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

[[Page 117 STAT. 1848]]

in this Act shall be available for activities or functions budgeted as 
                   policy and administration expenses.

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

    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

    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 <<NOTE: 104 Stat. 
2087.>> 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''.

[[Page 117 STAT. 1849]]

    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 <<NOTE: 43 USC 1543 note.>> 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

[[Page 117 STAT. 1850]]

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) <<NOTE: Applicability.>> This section applies only to those 
Federal agency and non-Federal actions addressed in the March 17, 2003 
Biological Opinion.

    (d) <<NOTE: Termination date.>> Subsection (b) will remain in effect 
for 2 years following the implementation of this Act.

    Sec. <<NOTE: Establishment.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Effective date.>> 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.

[[Page 117 STAT. 1851]]

    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 <<NOTE: 114 Stat. 2818.>> 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) <<NOTE: 114 Stat. 2819.>> in section 104(b), by striking 
        ``cost-effective,'' and all that follows and inserting ``cost-
        effective.''.

    Sec. 214. <<NOTE: Expiration date.>> 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--

[[Page 117 STAT. 1852]]

            (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) 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 <<NOTE: Nevada.>> 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

[[Page 117 STAT. 1853]]

        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. <<NOTE: Contracts.>> 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--

[[Page 117 STAT. 1854]]

            (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

[[Page 117 STAT. 1855]]

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

    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.

[[Page 117 STAT. 1856]]

                    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

[[Page 117 STAT. 1857]]

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.

[[Page 117 STAT. 1858]]

      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; <<NOTE: 16 USC 825s-4.>> 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,

[[Page 117 STAT. 1859]]

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

    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 <<NOTE: 42 
USC 7171 note.>> other provision of law, not to exceed $204,400,000 of 
revenues from fees and annual charges, and other services and 
collections in fiscal year 2004 shall be retained and used for necessary 
expenses in this account, and shall remain available until expended: 
Provided further, That the sum herein appropriated from the general fund 
shall be reduced as revenues are received during fiscal year 2004 so as 
to result in a final fiscal year 2004 appropriation from the general 
fund estimated at not more than $0.

             Defense Environmental Management Privatization

    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).

[[Page 117 STAT. 1860]]

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

    Sec. 301. (a)(1) <<NOTE: Contracts. Deadline. Notification.>> 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.

[[Page 117 STAT. 1861]]

    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. <<NOTE: 50 USC 2812 note.>> 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.

[[Page 117 STAT. 1862]]

    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) by-product material'' for the 
purpose of disposition of the material in an NRC-regulated or Agreement 
State-regulated facility.
    Sec. 313. <<NOTE: Deadline. Reports.>> 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:

[[Page 117 STAT. 1863]]

            (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 <<NOTE: Deadline.>> 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.

[[Page 117 STAT. 1864]]

                    (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 <<NOTE: Deadline.>> and Transfer.--Notwithstanding 
section 8 of the Federal Power Act (16 U.S.C. 801) or any other 
provision

[[Page 117 STAT. 1865]]

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 <<NOTE: Deadline. Nevada. Certification.>> 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.

[[Page 117 STAT. 1866]]

                                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

    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

    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

    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

[[Page 117 STAT. 1867]]

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

    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.

[[Page 117 STAT. 1868]]

    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)) <<NOTE: 50 USC 2811.>> 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) <<NOTE: Effective date. 50 USC 2811 note.>> 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''.

    Approved December 1, 2003.

LEGISLATIVE HISTORY--H.R. 2754 (S. 1424):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 108-212 (Comm. on Appropriations) and 108-357 (Comm. 
of Conference).
SENATE REPORTS: No. 108-105 accompanying S. 1424 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            July 18, considered and passed House.
            Sept. 11, 15, 16, considered and passed Senate, amended, in 
                lieu of S. 1424.
            Sept. 17, further amended in Senate.
            Nov. 18, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
            Dec. 1, Presidential statement.

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