    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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.

    general investigations

    For expenses necessary for the collection and study of basic
    information pertaining to river and harbor, flood control, shore
    protection, aquatic ecosystem restoration, and related projects, restudy
    of authorized projects, miscellaneous investigations, and, when
    authorized by law, surveys and detailed studies and plans and
    specifications of projects prior to construction, $116,949,000, to
    remain available until expended: Provided, That for the Ohio Riverfront,
    Cincinnati, Ohio, project, the cost of planning and design undertaken by
    non-Federal interests shall be credited toward the non-Federal share of
    project design costs: Provided further, That in conducting the Southwest
    Valley Flood Damage Reduction Study, Albuquerque, New Mexico, the
    Secretary of the Army, acting through the Chief of Engineers, shall
    include an evaluation of flood damage reduction measures that would
    otherwise be excluded from the feasibility analysis based on policies
    regarding the frequency of flooding, the drainage areas, and the amount
    of runoff: Provided further, That the Secretary of the Army, acting
    through the Chief of Engineers, is directed to use $250,000 for
    preconstruction engineering and design of Waikiki Beach, Oahu,

    [[Page 1828]]
    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.

    construction, general

    For the prosecution of river and harbor, flood control, shore
    protection, aquatic ecosystem restoration, and related projects
    authorized by law; and detailed studies, and plans and specifications,
    of projects (including those for development with participation or under
    consideration for participation by States, local governments, or private
    groups) authorized or made eligible for selection by law (but such
    studies shall not constitute a commitment of the Government to
    construction), $1,722,319,000, to remain available until expended, of
    which such sums as are necessary to cover the Federal share of
    construction costs for facilities under the Dredged Material Disposal
    Facilities program shall be derived from the Harbor Maintenance Trust
    Fund as authorized by Public Law 104-303; and of which such sums as are
    necessary pursuant to Public Law 99-662 shall be derived from the Inland
    Waterways Trust Fund, for one-half of the costs of construction and
    rehabilitation of inland waterways projects, including rehabilitation
    costs for Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 19,
    Mississippi River, Iowa; Lock and Dam 24, Mississippi River, Illinois
    and Missouri; and Lock and Dam 3, Mississippi River, Minnesota:
    Provided, That using $9,280,000 of the funds appropriated herein, the
    Secretary of the Army, acting through the Chief of Engineers, is
    directed to continue construction of the Dallas Floodway Extension,
    Texas, project, including the Cadillac Heights feature, generally in
    accordance with the Chief of Engineers report dated December 7, 1999:
    Provided further, That the Secretary of the Army is directed to accept
    advance funds, pursuant to section 11 of the River and Harbor Act of
    1925, from the non-Federal sponsor of the Los Angeles Harbor,
    California, project authorized by section 101(b)(5) of Public Law 106-
    541: Provided further, That the Secretary of the Army, acting through
    the Chief of Engineers, is directed to use $750,000 of the funds
    provided herein to continue construction of the Hawaii Water Management
    Project: Provided further, That the Secretary of the Army, acting
    through the Chief of Engineers, is directed to use $2,500,000 of the
    funds appropriated herein to continue construction of the navigation
    project at Kaumalapau Harbor, Hawaii: Provided further, That the
    Secretary of the Army, acting through the Chief of Engineers, is
    directed to use $6,000,000 of the funds provided herein for the Dam
    Safety and Seepage/Stability Correction Program to continue construction
    of seepage control features and to design and construct repairs to the
    tainter gates at Waterbury Dam, Vermont: Provided further, That the
    Secretary of the Army, acting through the Chief of Engineers, is
    directed to proceed with the construction of the New York and New Jersey
    Harbor project, 50-foot deepening element, upon execution of the Project
    Cooperation Agreement: Provided

    [[Page 1829]]
    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 1830]]
    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 1831]]
    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.

    flood control, mississippi river and tributaries, arkansas, illinois,
    kentucky, louisiana, mississippi, missouri, and tennessee

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

    operation and maintenance, general

    For expenses necessary for the operation, maintenance, and care of
    existing river and harbor, flood and storm damage reduction, aquatic
    ecosystem restoration, and related projects; for providing security for
    infrastructure owned and operated by, or on behalf of, the 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 1832]]
    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.

    regulatory program

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

    [[Page 1833]]
    117 STAT. 1833

    formerly utilized sites remedial action program

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

    general expenses

    For expenses necessary for general administration and related civil
    works functions in the headquarters of 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.

    administrative provisions

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

    general provisions

    corps of engineers--civil

    Sec. 101. Agreements proposed for execution by the Assistant
    Secretary of the Army for Civil Works or the United States Army Corps of
    Engineers after the date of the enactment of this Act pursuant to
    section 4 of the Rivers and Harbor Act of 1915, Public Law 64-291;
    section 11 of the River and Harbor Act of 1925, Public Law 68-585; the
    Civil Functions Appropriations Act, 1936, Public Law 75-208; section 215
    of the Flood Control Act of 1968, as amended, Public Law 90-483;
    sections 104, 203, and 204 of the Water Resources Development Act of
    1986, as amended, Public Law 99-662; section 206 of the Water Resources
    Development Act of 1992, as amended, Public Law 102-580; section 211 of
    the Water Resources Development Act of 1996, Public Law 104-303; and any
    other specific project authority, shall be limited to credits and
    reimbursements per project not to exceed $10,000,000 in each fiscal
    year, and total credits and reimbursements for all applicable projects
    not to exceed $50,000,000 in each fiscal year.
    Sec. 102. None of the funds appropriated in this or any other Act
    may be used by the United States Army Corps of Engineers to support
    activities related to the proposed Ridge Landfill in Tuscarawas County,
    Ohio.
    Sec. 103. None of the funds appropriated in this Act, or any other
    Act, shall be used to demonstrate or implement any plans divesting or
    transferring of any Civil Works missions, functions,

    [[Page 1834]]
    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.

    naming of lock and dam 3, allegheny river, pennsylvania

    Sec. 106. (a) Designation.--Lock and dam numbered 3 on the Allegheny
    River, Pennsylvania, shall be known and designated as the ``C.W. Bill
    Young Lock and Dam''.
    (b) Legal References.--A reference in any law, regulation, document,
    record, map, or other paper of the United States to the lock and dam
    referred to in subsection (a) shall be deemed to be a reference to the
    ``C.W. Bill Young Lock and Dam''.
    Sec. 107. The Secretary of the Army may utilize continuing contracts
    in carrying out the studying, planning, or designing of a water
    resources project prior to the authorization of the project for
    construction.
    Sec. 108. The Secretary  is authorized to remove and dispose of oil
    bollards and associated debris in Burlington Harbor, Vermont.
    Sec. 109. Kake Dam Replacement, Kake, Alaska Technical Corrections.
    Section 105, Public Law 106-377, is amended by striking ``$7,000,000''
    and inserting ``$11,000,000 at full Federal expense''.
    Sec. 110. Deauthorization of Project for Navigation, Pawtuxet Cove,
    Rhode Island. (a) In General.--The portions of the project for
    navigation, Pawtuxet Cove, Rhode Island, authorized by section 101 of
    the River and Harbor Act of 1962 (76 Stat.
    1173) and described in
    subsection (b) shall no longer be authorized after the date of enactment
    of this Act.
    (b) Descriptions.--The portions of the project referred to in
    subsection (a) are the following:
    (1) Beginning at a point along the western edge of the 6-
    foot channel just south of the 6-foot turning basin:
    N247,856.00, E530,338.00, thence running north 51 degrees 44
    minutes 12.5 seconds west 214.77 feet to a point N247,989.00,
    E530,169.37, thence running north 13 degrees 14 minutes 48.8
    seconds west 149.99 feet to a point N248,135.00, E530,135.00,
    thence running north 44 degrees 11 minutes 7.4 seconds east
    137.77 feet to a point N248,233.79, E530,231.02, thence running
    north 3 degrees 58 minutes 18.8 seconds west 300.00 feet to a
    point N248,533.07, E530,210.24 thence running north 86 degrees 1
    minute 34.3 seconds east 35.00 feet to a point N248,535.50,
    E530,245.16, thence running

    [[Page 1835]]
    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 1836]]
    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 1837]]
    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 1838]]
    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 1839]]
    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 1840]]
    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 1841]]
    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 1842]]
    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 1843]]
    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 1844]]
    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 1845]]
    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 1846]]
    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

    central utah project completion account

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

    Bureau of Reclamation

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

    water and related resources

    (including transfer of funds)

    For management, development, and restoration of water and related
    natural resources and for related activities, including the operation,
    maintenance, and rehabilitation of reclamation and other facilities,
    participation in fulfilling related Federal responsibilities to Native
    Americans, and related grants to, and cooperative and other agreements
    with, State and local governments, Indian tribes, and others,
    $857,498,000, to remain available until expended, of which $51,330,000
    shall be available for transfer to the Upper Colorado River Basin Fund
    and $33,570,000 shall be available for transfer to the Lower Colorado
    River Basin Development Fund; of which such amounts as may be necessary
    may be advanced to the Colorado River Dam Fund; and of which not more
    than

    [[Page 1847]]
    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.] is amended further by inserting ``2003, and 2004'' in lieu of
    ``and 2003''.

    bureau of reclamation loan program account

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

    central valley project restoration fund

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

    policy and administration

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

    [[Page 1848]]
    117 STAT. 1848

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

    working capital fund

    (rescission)

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

    administrative provision

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

    General Provisions

    department of the interior

    Sec. 201. (a) None of the funds appropriated or otherwise made
    available by this Act may be used to determine the final point of
    discharge for the interceptor drain for the San Luis Unit until
    development by the Secretary of the Interior and the State of California
    of a plan, which shall conform to the water quality standards of the
    State of California as approved by the Administrator of the
    Environmental Protection Agency, to minimize any detrimental effect of
    the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the
    costs of the San Joaquin Valley Drainage Program shall be classified by
    the Secretary of the Interior as reimbursable or nonreimbursable and
    collected until fully repaid pursuant to the ``Cleanup Program-
    Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
    Plan'' described in the report entitled ``Repayment Report, Kesterson
    Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
    February 1995'', prepared by the Department of the Interior, Bureau of
    Reclamation. Any future obligations of funds by the United States
    relating to, or providing for, drainage service or drainage studies for
    the San Luis Unit shall be fully reimbursable by San Luis Unit
    beneficiaries of such service or studies pursuant to Federal reclamation
    law.
    Sec. 202. None of the funds appropriated or otherwise made available
    by this or any other Act may be used to pay the salaries and expenses of
    personnel to purchase or lease water in the Middle Rio Grande or the
    Carlsbad Projects in New Mexico unless said purchase or lease is in
    compliance with the purchase requirements of section 202 of Public Law
    106-60.
    Sec. 203. Subsection 206(b) of Public Law 101-514 [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 1849]]
    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 1850]]
    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 1851]]
    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 1852]]
    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 1853]]
    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 1854]]
    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 1855]]
    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

    (including transfer of funds)

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

    Office of the Inspector General

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

    [[Page 1856]]
    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 1857]]
    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 1858]]
    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 1859]]
    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

    salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission
    to carry out the provisions of the Department of Energy Organization Act
    (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
    3109, the hire of passenger motor vehicles, and official reception and
    representation expenses (not to exceed $3,000), $204,400,000, to remain
    available until expended: Provided, That notwithstanding any [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

    (rescission)

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

    [[Page 1860]]
    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 1861]]
    117 STAT. 1861

    (transfers of unexpended balances)

    Sec. 305. The unexpended balances of prior appropriations provided
    for activities in this Act may be transferred to appropriation accounts
    for such activities established pursuant to this title. Balances so
    transferred may be merged with funds in the applicable established
    accounts and thereafter may be accounted for as one fund for the same
    time period as originally enacted.
    Sec. 306. None of the funds in this or any other Act for the
    Administrator of the Bonneville Power Administration may be used to
    enter into any agreement to perform energy efficiency services outside
    the legally defined Bonneville service territory, with the exception of
    services provided internationally, including services provided on a
    reimbursable basis, unless the Administrator certifies in advance that
    such services are not available from private sector businesses.
    Sec. 307. When the Department of Energy makes a user facility
    available to universities and other potential users, or seeks input from
    universities and other potential users regarding significant
    characteristics or equipment in a user facility or a proposed user
    facility, the Department shall ensure broad public notice of such
    availability or such need for input to universities and other potential
    users. When the Department of Energy considers the participation of a
    university or other potential user as a formal partner in the
    establishment or operation of a user facility, the Department shall
    employ full and open competition in selecting such a partner. For
    purposes of this section, the term ``user facility'' includes, but is
    not limited to: (1) a user facility as described in section 2203(a)(2)
    of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National
    Nuclear Security Administration Defense Programs Technology Deployment
    Center/User Facility; and (3) any other Departmental facility designated
    by the Department as a user facility.
    Sec. 308. [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 1862]]
    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 1863]]
    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 1864]]
    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 1865]]
    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 1866]]
    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

    salaries and expenses

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

    Delta Regional Authority

    salaries and expenses

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

    Denali Commission

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

    Nuclear Regulatory Commission

    salaries and expenses

    For necessary expenses of the Commission in carrying out the
    purposes of the Energy Reorganization Act of 1974, as amended, and the
    Atomic Energy Act of 1954, as amended, including official representation
    expenses (not to exceed $15,000), and purchase of promotional items for
    use in the recruitment of individuals for employment, $618,800,000, to
    remain available until expended: Provided, That of the amount
    appropriated herein, $33,100,000 shall be derived from the Nuclear Waste
    Fund: Provided further, That revenues from licensing fees, inspection
    services, and other services and collections estimated at $538,844,000
    in fiscal year 2004 shall be retained and used for necessary salaries
    and expenses in this

    [[Page 1867]]
    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

    salaries and expenses

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

    TITLE V

    GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in
    any way, directly or indirectly, to influence congressional action on
    any legislation or appropriation matters pending before Congress, other
    than to communicate to Members of Congress as described in 18 U.S.C.
    1913.
    Sec. 502. (a) Purchase of American-Made Equipment and Products.--It
    is the sense of the Congress that, to the greatest extent practicable,
    all equipment and products purchased with funds made available in this
    Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or
    entering into any contract with, any entity using funds made available
    in this Act, the head of each Federal agency, to the greatest extent
    practicable, shall provide to such entity a notice describing the
    statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products
    as Made in America.--If it has been finally determined by a court or
    Federal agency that any person intentionally affixed a label bearing a
    ``Made in America'' inscription, or any inscription with the same
    meaning, to any product sold in or shipped to the United States that is
    not made in the United States, the person shall be ineligible to receive
    any contract or subcontract made with funds made available in this Act,
    pursuant to the debarment, suspension, and ineligibility procedures
    described in sections 9.400 through 9.409 of title 48, Code of Federal
    Regulations.

    [[Page 1868]]
    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.