Energy and Water Development Appropriations Act, 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2754 Enrolled Bill (ENR)]

H.R.2754

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three

An Act

Making appropriations for energy and water development for the fiscal
year ending September 30, 2004, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2004, for energy
and water development, and for other purposes, namely:

TITLE I

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

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

General Investigations

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

Construction, General

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

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

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

Operation and Maintenance, General

For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects; for providing security for
infrastructure owned and operated by, or on behalf of, the 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 further, That
the Secretary of the Army, acting through the Chief of Engineers, is
directed to use funds appropriated herein to rehabilitate the existing
dredged material disposal site for the project for navigation, Bodega
Bay Harbor, California, and to continue maintenance dredging of the
Federal channel: Provided further, That the Secretary shall make
suitable material excavated from the site as part of the rehabilitation
effort available to the non-Federal sponsor, at no cost to the Federal
Government, for use by the non-Federal sponsor in the development of
public facilities: Provided further, That the Corps of Engineers shall
not allocate any funds to deposit dredged material along the Laguna
Madre portion of the Gulf Intracoastal Waterway except at the placement
areas specified in the Dredged Material Management Plan in section 2.11
of the Final Environmental Impact Statement for Maintenance Dredging of
the Gulf Intracoastal Waterway, Laguna Madre, Texas, Nueces, Kleberg,
Kenedy, Willacy, and Cameron Counties, Texas, prepared by the Corps of
Engineers dated September 2003: Provided further, That nothing in the
above proviso shall prevent the Corps of Engineers from performing
necessary maintenance operations along the Gulf Intracoastal Waterway
if the following conditions are met: if the Corps proposes to use any
placement areas that are not currently specified in the Dredged
Material Management Plan and failure to use such alternative placement
areas will result in the closure of any segment of the Gulf
Intracoastal Waterway, then such proposal shall be analyzed in an
Environmental Impact Statement (EIS) and comply with all other
applicable requirements of the National Environmental Policy Act, 42
U.S.C. 4321, et seq., and all other applicable State and Federal laws,
including the Clean Water Act, 33 U.S.C. 1251 et seq., the Endangered
Species Act, 16 U.S.C. 1531 et seq., and the Coastal Zone Management
Act, 16 U.S.C. 1451 et seq.: Provided further, That $15,000,000 is
provided to be used by the Secretary of the Army, acting through the
Chief of Engineers, to repair, restore, and clean up projects and
facilities of the Corps of Engineers and dredge navigation channels,
restore and clean out area streams, provide emergency stream bank
protection, restore other crucial public infrastructure (including
water and sewer facilities), document flood impacts, and undertake
other flood recovery efforts considered necessary by the Chief of
Engineers: Provided further, That the Secretary of the Army is directed
to use $75,000 of the funds appropriated herein to remove the weir
feature of the project for flood damage reduction, Mayfield Creek and
Tributaries, Kentucky, constructed pursuant to section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s), without any further environmental
or economic analysis or study: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is directed to use
$250,000 of the funds appropriated herein for sediment removal and dam
repair at Junaluska, North Carolina.

Regulatory Program

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

Formerly Utilized Sites Remedial Action Program

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

General Expenses

For expenses necessary for general administration and related civil
works functions in the headquarters of 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, or
responsibilities for the United States Army Corps of Engineers to other
government agencies without specific direction in a subsequent Act of
Congress.
Sec. 104. None of the funds appropriated in this or any other Act
may be used by the United States Army Corps of Engineers to support
activities related to the proposed Indian Run Sanitary Landfill in
Sandy Township, Stark County, Ohio.
Sec. 105. Alamogordo, New Mexico. The project for flood protection
at Alamogordo, New Mexico, authorized by the Flood Control Act of 1962
(Public Law 87-874), is modified to authorize and direct the Secretary
to construct a flood detention basin to protect the north side of the
City of Alamogordo, New Mexico, from flooding. The flood detention
basin shall be constructed to provide protection from a 100-year flood
event. The project cost share for the flood detention basin shall be
consistent with section 103(a) of the Water Resources Development Act
of 1986, notwithstanding section 202(a) of the Water Resources
Development Act of 1996.

naming of lock and dam 3, allegheny river, pennsylvania

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

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

(2) in subsection (a)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(B) by striking (a) and all that follows through ``means--
'' and inserting the following:
``(a) Definitions.--In this section:
``(1) Rural nevada.--The term `rural Nevada' means''; and
(C) by adding at the end the following:
``(2) Rural utah.--The term `rural Utah' means--
``(A) the counties of Box Elder, Cache, Rich, Tooele,
Morgan, Summit, Dagett, Wasatch, Duchesne, Uintah, Juab,
Sanpete, Carbon, Millard, Sevier, Emery, Grand, Beaver, Piute,
Wayne, Iron, Garfield, San Juan, and Kane, Utah; and
``(B) the portions of Washington County, Utah, that are
located outside the city of St. George, Utah.'';
(3) in subsections (b) and (c), by striking ``Nevada, Montana,
and Idaho'' and inserting ``Idaho, Montana, rural Nevada, New
Mexico, and rural Utah''; and
(4) in subsection (h), by striking ``2001--'' and all that
follows and inserting ``2001 $25,000,000 for each of Idaho,
Montana, New Mexico, and rural Utah, to remain available until
expended.''.
Sec. 118. Section 560(f) of Public Law 106-53 is amended by
striking ``$5,000,000'' and inserting ``$7,500,000''.
Sec. 119. Section 219(f) of the Water Resources Development Act of
1992 (Public Law 102-580; 106 Stat. 4835), as amended by section 502(b)
of the Water Resources Development Act of 1999 (Public Law 106-53; 113
Stat. 335) and section 108(d) of title I of division B of the
Miscellaneous Appropriations Act, 2001 (as enacted by Public law 106-
554; 114 Stat. 2763A-220), is further amended by adding at the end the
following:
``(71) Coronado, california.--$10,000,000 is authorized for
wastewater infrastructure, Coronado, California.''.
Sec. 120. Section 592(g) of the Water Resources Development Act of
1999 (Public Law 106-53; 113 Stat. 380) is amended by striking
``$25,000,000 for the period beginning with fiscal year 2000'' and
inserting ``$100,000,000''.
Sec. 121. Park River, Grafton, North Dakota. Section 364(5) of the
Water Resources Development Act of 1999 (113 Stat. 314) is amended--
(1) by striking ``$18,265,000'' and inserting ``$21,075,000'';
and
(2) by striking ``$9,835,000'' and inserting ``$7,025,000''.
Sec. 122. Schuylkill River Park, Philadelphia, Pennsylvania. The
Secretary of the Army shall provide technical, planning, design, and
construction assistance for Schuylkill River Park, Philadelphia,
Pennsylvania, in accordance with section 564(c) of the Water Resources
Development Act of 1996 (Public Law 104-303; 110 Stat. 3785), as
contained in the February 2003 report of the Philadelphia District
based on regional economic development benefits, at a Federal share of
50 percent and a non-Federal share of 50 percent.
Sec. 123. Gwynns Falls Watershed, Baltimore, Maryland. The
Secretary of the Army shall implement the project for ecosystem
restoration, Gwynns Falls, Maryland, in accordance with the Baltimore
Metropolitan Water Resources-Gwynns Falls Watershed Feasibility Report
prepared by the Corps of Engineers and the City of Baltimore, Maryland.
Sec. 124. Snake River Confluence Interpretative Center, Clarkston,
Washington. (a) In General.--The Secretary of the Army, acting through
the Chief of Engineers (referred to in this section as the
``Secretary'') is authorized and shall carry out a project to plan,
design, construct, furnish, and landscape a federally owned and
operated Collocated Civil Works Administrative Building and Snake River
Confluence Interpretative Center, as described in the Snake River
Confluence Center Project Management Plan.
(b) Location.--The project--
(1) shall be located on Federal property at the confluence of
the Snake River and the Clearwater River, near Clarkston,
Washington; and
(2) shall be considered to be a capital improvement of the
Clarkston office of the Lower Granite Project.
(c) Existing Structures.--In carrying out the project, the
Secretary may demolish or relocate existing structures.
(d) Cost Sharing.--
(1) Total cost.--The total cost of the project shall not exceed
$3,500,000 (excluding interpretative displays).
(2) Federal share.--The Federal share of the cost of the
project shall be $3,000,000.
(3) Non-federal share.--
(A) In general.--The non-Federal share of the cost of the
project--
(i) shall be $500,000; and
(ii) may be provided--

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

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

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

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

TITLE II

DEPARTMENT OF THE INTERIOR

Central Utah Project

Central Utah Project Completion Account

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

Bureau of Reclamation

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

Water and Related Resources

(INCLUDING TRANSFER OF FUNDS)

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

Bureau of Reclamation Loan Program Account

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

Central Valley Project Restoration Fund

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

POLICY AND ADMINISTRATION

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

Working Capital Fund

(rescission)

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

Administrative Provision

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

General Provisions

DEPARTMENT OF THE INTERIOR

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

TITLE III

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Energy Supply

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

Non-Defense Site Acceleration Completion

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

Non-Defense Environmental Services

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

Uranium Enrichment Decontamination and Decommissioning Fund

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

Science

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

Nuclear Waste Disposal

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

Departmental Administration

(including transfer of funds)

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

Office of the Inspector General

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

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

Weapons Activities

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

Defense Nuclear Nonproliferation

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

Naval Reactors

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

Office of the Administrator

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

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Site Acceleration Completion

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

Defense Environmental Services

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

Other Defense Activities

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

Defense Nuclear Waste Disposal

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

POWER MARKETING ADMINISTRATIONS

Bonneville Power Administration Fund

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

Operation and Maintenance, Southeastern Power Administration

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

Operation and Maintenance, Southwestern Power Administration

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

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

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

Falcon and Amistad Operating and Maintenance Fund

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

Federal Energy Regulatory Commission

salaries and expenses

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

Defense Environmental Management Privatization

(RESCISSION)

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

GENERAL PROVISIONS

DEPARTMENT OF ENERGY

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

(transfers of unexpended balances)

Sec. 305. The unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this title. Balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 306. None of the funds in this or any other Act for the
Administrator of the Bonneville Power Administration may be used to
enter into any agreement to perform energy efficiency services outside
the legally defined Bonneville service territory, with the exception of
services provided internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in advance that
such services are not available from private sector businesses.
Sec. 307. When the Department of Energy makes a user facility
available to universities and other potential users, or seeks input
from universities and other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users. When the Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department shall
employ full and open competition in selecting such a partner. For
purposes of this section, the term ``user facility'' includes, but is
not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a
National Nuclear Security Administration Defense Programs Technology
Deployment Center/User Facility; and (3) any other Departmental
facility designated by the Department as a user facility.
Sec. 308. The Administrator of the National Nuclear Security
Administration may authorize the manager of a covered nuclear weapons
research, development, testing or production facility to engage in
research, development, and demonstration activities with respect to the
engineering and manufacturing capabilities at such facility in order to
maintain and enhance such capabilities at such facility: Provided, That
of the amount allocated to a covered nuclear weapons facility each
fiscal year from amounts available to the Department of Energy for such
fiscal year for national security programs, not more than an amount
equal to 2 percent of such amount may be used for these activities:
Provided further, That for purposes of this section, the term ``covered
nuclear weapons facility'' means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas;
(4) the Savannah River Plant, South Carolina; and
(5) the Nevada Test Site.
Sec. 309. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2004 until the enactment of the Intelligence
Authorization Act for fiscal year 2004.
Sec. 310. None of the funds in this Act may be used to dispose of
transuranic waste in the Waste Isolation Pilot Plant which contains
concentrations of plutonium in excess of 20 percent by weight for the
aggregate of any material category on the date of enactment of this
Act, or is generated after such date. For the purposes of this section,
the material categories of transuranic waste at the Rocky Flats
Environmental Technology Site include: (1) ash residues; (2) salt
residues; (3) wet residues; (4) direct repackage residues; and (5)
scrub alloy as referenced in the ``Final Environmental Impact Statement
on Management of Certain Plutonium Residues and Scrub Alloy Stored at
the Rocky Flats Environmental Technology Site''.
Sec. 311. (a) The Secretary of Energy is directed to file a permit
modification to the Waste Analysis Plan (WAP) and associated provisions
contained in the Hazardous Waste Facility Permit for the Waste
Isolation Pilot Plant (WIPP). For purposes of determining compliance of
the modifications to the WAP with the hazardous waste analysis
requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
or other applicable laws waste confirmation for all waste received for
storage and disposal shall be limited to: (1) confirmation that the
waste contains no ignitable, corrosive, or reactive waste through the
use of either radiography or visual examination of a statistically
representative subpopulation of the waste; and (2) review of the Waste
Stream Profile Form to verify that the waste contains no ignitable,
corrosive, or reactive waste and that assigned Environmental Protection
Agency hazardous waste numbers are allowed for storage and disposal by
the WIPP Hazardous Waste Facility Permit.
(b) Compliance with the disposal room performance standards of the
WAP shall be demonstrated exclusively by monitoring airborne volatile
organic compounds in underground disposal rooms in which waste has been
emplaced until panel closure.
Sec. 312. Notwithstanding any other provision of law, the material
in the concrete silos at the Fernald uranium processing facility
currently managed by the Department of Energy and the ore processing
residual materials in the Niagara Falls Storage Site subsurface waste
containment structure managed by the United States Army Corps of
Engineers under the Formerly Utilized Sites Remedial Action Program
shall be considered ``byproduct material'' as defined by section
11e.(2) of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2014(e)(2)). The Nuclear Regulatory Commission or an Agreement State,
as appropriate, shall regulate the material as ``11e.(2) by-product
material'' for the purpose of disposition of the material in an NRC-
regulated or Agreement State-regulated facility.
Sec. 313. No funds appropriated or otherwise made available under
this title under the heading ``ATOMIC ENERGY DEFENSE ACTIVITIES'' may
be obligated or expended for additional and exploratory studies under
the Advanced Concepts Initiative until 30 days after the date on which
the Administrator for Nuclear Security submits to Congress a detailed
report on the planned activities for additional and exploratory studies
under the initiative for fiscal year 2004. The report shall be
submitted in unclassified form, but may include a classified annex.
Sec. 314. Martin's Cove Lease. (a) Definitions.--In this section:
(1) Bureau of Land Management.--The term ``Bureau of Land
Management'', hereafter referred to as the ``BLM'', means an agency
of the Department of the Interior.
(2) Corporation.--The term ``Corporation'' means the
Corporation of the Presiding Bishop of The Church of Jesus Christ
of Latter-day Saints, located at 50 East North Temple Street, Salt
Lake City, Utah.
(3) Martin's Cove.--The term ``Martin's Cove'' means the area,
consisting of approximately 940 acres of public lands in Natrona
County, Wyoming as depicted on the Martin's Cove map numbered MC-
001.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Lease.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall enter into an agreement
with the Corporation to lease, for a term of 25 years,
approximately 940 acres of Federal land depicted on the Martin's
Cove map MC-001. The Corporation shall retain the right of ingress
and egress in, from and to any part of the leasehold for its use
and management as an important historical site.
(2) Terms and conditions.--
(A) Survey.--As a condition of the agreement under
paragraph (1), the Corporation shall provide a boundary survey
to the Secretary, acceptable to the Corporation and the
Secretary, of the parcels of land to be leased under paragraph
(1).
(B) Access.--
(i) In general.--The Secretary and the Corporation
shall enter into a lease covenant, binding on any successor
or assignee that ensures that, consistent with the historic
purposes of the site, public access will be provided across
private land owned by the Corporation to Martin's Cove and
Devil's Gate. Access shall--

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

(C) Improvements.--The Corporation may, upon approval of
the BLM, improve the leasehold as may become necessary from
time to time in order to accommodate visitors to the leasehold.
(D) Archaeological preservation.--The Corporation shall
have the obligation to protect and maintain any historical or
archaeological artifacts discovered or otherwise identified at
Martin's Cove.
(E) Visitation guidelines.--The Corporation may establish,
in consultation with the BLM, visitation guidelines with
respect to such issues as firearms, alcoholic beverages, and
controlled substances and conduct consistent with the historic
nature of the resource, and to protect public health and
safety.
(F) No abridgement.--The lease shall not be subject to
abridgement, modification, termination, or other taking in the
event any surrounding area is subsequently designated as a
wilderness or other protected areas. The lease shall contain a
provision limiting the ability of the Secretary from
administratively placing Martin's Cove in a restricted land
management status such as a Wilderness Study Area.
(G) Right of first refusal.--The Corporation shall be
granted a right of first refusal to lease or otherwise manage
Martin's Cove in the event the Secretary proposes to lease or
transfer control or title of the land to another party.
(H) Fair market value lease payments.--The Corporation
shall make lease payments which reflect the fair market rental
value of the public lands to be leased, provided however, such
lease payments shall be offset by value of the public easements
granted by the Corporation to the Secretary across private
lands owned by the Corporation for access to Martin's Cove and
Devil's Gate.
(I) Renewal.--The Secretary may offer to renew such lease
on terms which are mutually acceptable to the parties.
(c) Mineral Withdrawal.--The Secretary shall retain the subsurface
mineral estate under the 940 acres under the leasehold. The 940 acres
described in subsection (a)(3) are hereby withdrawn from mining
location and from all forms of entry, appropriation, and disposal under
the public land laws.
(d) No Precedent Set.--This Act does not set a precedent for the
terms and conditions of leases between or among private entities and
the United States.
(e) Valid and Existing Rights.--The Lease provided for under this
section shall be subject to valid existing rights with respect to any
lease, right-of-way, permit, or other valid existing rights to which
the property is subject.
(f) Availability of Map.--The Secretary shall keep the map
identified in this section on file and available for public inspection
in the Casper District Office of the BLM in Wyoming and the State
Office of the BLM, Cheyenne, Wyoming.
(g) NEPA Compliance.--The Secretary shall comply with the
provisions of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) in carrying out this section.
Sec. 315. Reinstatement and Transfer of the Federal License for
Project No. 2696. (a) Definitions.--
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Town.--The term ``town'' means the town of Stuyvesant, New
York, the holder of Federal Energy Regulatory Commission
Preliminary Permit No. 11787.
(b) Reinstatement and Transfer.--Notwithstanding section 8 of the
Federal Power Act (16 U.S.C. 801) or any other provision of that Act,
the Commission shall, not later than 30 days after the date of
enactment of this Act--
(1) reinstate the license for Project No. 2696; and
(2) transfer the license to the town.
(c) Hydroelectric Incentives.--Project No. 2696 shall be entitled
to the full benefit of any Federal law that--
(1) promotes hydroelectric development; and
(2) that is enacted within 2 years before or after the date of
enactment of this Act.
(d) Co-Licensee.--Notwithstanding the issuance of a preliminary
permit to the town and any consideration of municipal preference, the
town may at any time add as a co-licensee to the reinstated license a
private or public entity.
(e) Project Financing.--The town may receive loans under sections
402 and 403 of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2702, 2703) or similar programs for the reimbursement of the
costs of any feasibility studies and project costs incurred during the
period beginning on January 1, 2001 and ending on December 31, 2006.
(f) Energy Credits.--Any power produced by the project shall be
deemed to be incremental hydropower for purposes of qualifying for
energy credits or similar benefits.
Sec. 316. Of the funds made available in this Act for Defense
Environmental Services, $1,000,000 shall be provided to the State of
Nevada solely for expenditures, other than salaries and expenses of
State employees, to conduct scientific oversight responsibilities and
participate in licensing activities pursuant to the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended: Provided, That
$4,000,000 shall be provided to affected units of local governments, as
defined in Public Law 97-425, to conduct appropriate activities
pursuant to the Act: Provided further, That the distribution of the
funds as determined by the units of local government shall be approved
by the Department of Energy: Provided further, That the funds for the
State of Nevada shall be made available solely to the Nevada Division
of Emergency Management by direct payment and units of local government
by direct payment: Provided further, That within 90 days of the
completion of each Federal fiscal year, the Nevada Division of
Emergency Management and the Governor of the State of Nevada and each
local entity shall provide certification to the Department of Energy
that all funds expended from such payments have been expended for
activities authorized by Public Law 97-425 and this Act. Failure to
provide such certification shall cause such entity to be prohibited
from any further funding provided for similar activities: Provided
further, That none of the funds herein appropriated may be: (1) used
directly or indirectly to influence legislative action on any matter
pending before Congress or a State legislature or for lobbying activity
as provided in 18 U.S.C. 1913; (2) used for litigation expenses; or (3)
used to support multi-State efforts or other coalition building
activities inconsistent with the restrictions contained in this Act:
Provided further, That all proceeds and recoveries realized by the
Secretary in carrying out activities authorized by the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended, including but not
limited to, any proceeds from the sale of assets, shall be available
without further appropriation and shall remain available until
expended.

TITLE IV

INDEPENDENT AGENCIES

Appalachian Regional Commission

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

Defense Nuclear Facilities Safety Board

salaries and expenses

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

Delta Regional Authority

salaries and expenses

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

Denali Commission

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

Nuclear Regulatory Commission

salaries and expenses

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

Office of Inspector General

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

Nuclear Waste Technical Review Board

salaries and expenses

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

TITLE V

GENERAL PROVISIONS

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

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.