[108th Congress Public Law 137]
[From the U.S. Government Printing Office]
[DOCID: f:publ137.108]
[[Page 117 STAT. 1827]]
Public Law 108-137
108th Congress
An Act
Making appropriations for energy and water development for the fiscal
year ending September 30, 2004, and for other purposes. <<NOTE: Dec. 1,
2003 - [H.R. 2754]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Energy and Water
Development Appropriations Act, 2004.>> That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2004, for energy
and water development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood control, shore protection,
aquatic ecosystem restoration, and related purposes.
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, aquatic ecosystem restoration, and related projects, restudy
of authorized projects, miscellaneous investigations, and, when
authorized by law, surveys and detailed studies and plans and
specifications of projects prior to construction, $116,949,000, to
remain available until expended: Provided, That for the Ohio Riverfront,
Cincinnati, Ohio, project, the cost of planning and design undertaken by
non-Federal interests shall be credited toward the non-Federal share of
project design costs: Provided further, That in conducting the Southwest
Valley Flood Damage Reduction Study, Albuquerque, New Mexico, the
Secretary of the Army, acting through the Chief of Engineers, shall
include an evaluation of flood damage reduction measures that would
otherwise be excluded from the feasibility analysis based on policies
regarding the frequency of flooding, the drainage areas, and the amount
of runoff: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $250,000 for
preconstruction engineering and design of Waikiki Beach, Oahu,
[[Page 117 STAT. 1828]]
Hawaii, the project to be designed and evaluated, as authorized:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use $100,000 for the continuation and
completion of feasibility studies of Kihei Beach, Maui, Hawaii: Provided
further, That any recommendations for a National Economic Development
Plan shall be accepted notwithstanding the extent of recreation benefits
supporting the project features, in view of the fact that recreation is
extremely important in sustaining and increasing the economic well-being
of the State of Hawaii and the nation.
For the prosecution of river and harbor, flood control, shore
protection, aquatic ecosystem restoration, and related projects
authorized by law; and detailed studies, and plans and specifications,
of projects (including those for development with participation or under
consideration for participation by States, local governments, or private
groups) authorized or made eligible for selection by law (but such
studies shall not constitute a commitment of the Government to
construction), $1,722,319,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material Disposal
Facilities program shall be derived from the Harbor Maintenance Trust
Fund as authorized by Public Law 104-303; and of which such sums as are
necessary pursuant to Public Law 99-662 shall be derived from the Inland
Waterways Trust Fund, for one-half of the costs of construction and
rehabilitation of inland waterways projects, including rehabilitation
costs for Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 19,
Mississippi River, Iowa; Lock and Dam 24, Mississippi River, Illinois
and Missouri; and Lock and Dam 3, Mississippi River, Minnesota:
Provided, That using $9,280,000 of the funds appropriated herein, the
Secretary of the Army, acting through the Chief of Engineers, is
directed to continue construction of the Dallas Floodway Extension,
Texas, project, including the Cadillac Heights feature, generally in
accordance with the Chief of Engineers report dated December 7, 1999:
Provided further, That the Secretary of the Army is directed to accept
advance funds, pursuant to section 11 of the River and Harbor Act of
1925, from the non-Federal sponsor of the Los Angeles Harbor,
California, project authorized by section 101(b)(5) of Public Law 106-
541: Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use $750,000 of the funds
provided herein to continue construction of the Hawaii Water Management
Project: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $2,500,000 of the
funds appropriated herein to continue construction of the navigation
project at Kaumalapau Harbor, Hawaii: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to use $6,000,000 of the funds provided herein for the Dam
Safety and Seepage/Stability Correction Program to continue construction
of seepage control features and to design and construct repairs to the
tainter gates at Waterbury Dam, Vermont: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to proceed with the construction of the New York and New Jersey
Harbor project, 50-foot deepening element, upon execution of the Project
Cooperation Agreement: Provided
[[Page 117 STAT. 1829]]
further, That no funds made available under this Act or any other Act
for any fiscal year may be used by the Secretary of the Army to carry
out the construction of the Port Jersey element of the New York and New
Jersey Harbor or reimbursement to the Local Sponsor for the construction
of the Port Jersey element until commitments for construction of
container handling facilities are obtained from the non-Federal sponsor
for a second user along the Port Jersey element: Provided
further, <<NOTE: Florida. Deadline. Reports.>> That funds appropriated
in this Act for the preservation and restoration of the Florida
Everglades shall be made available for expenditure unless: (1) the
Secretary of the Army, not later than 30 days after the date of
enactment of this Act, transmits to the State of Florida and the
Committees on Appropriations of the House of Representatives and the
Senate a report containing a finding and supporting materials indicating
that the waters entering the A.R.M. Loxahatchee National Wildlife Refuge
and Everglades National Park do not meet the water quality requirements
set forth in the Consent Decree entered in United States v. South
Florida Water Management District; (2) the State fails to submit a
satisfactory plan to bring the waters into compliance with the water
quality requirements within 45 days of the date of the report; (3) the
Secretary transmits to the State and the Committees a follow-up report
containing a finding that the State has not submitted such a plan; and
(4) either the Committee on Appropriations of the House of
Representatives or the Senate issues a written notice disapproving of
further expenditure of the funds: Provided
further, <<NOTE: Florida. Notice.>> That the Secretary of the Army shall
provide the State of Florida with notice and an opportunity to respond
to any determination of the Secretary under the preceding proviso before
the determination becomes final: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is directed to use
$17,000,000 of the funds appropriated herein to proceed with planning,
engineering, design or construction of the Grundy, Buchanan County, and
Dickenson County, Virginia, elements of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River Project: Provided further,
That the Secretary of the Army, acting through the Chief of Engineers,
is directed to use $5,400,000 of the funds appropriated herein to
proceed with the planning, engineering, design or construction of the
Lower Mingo County, Upper Mingo County, Wayne County, McDowell County,
West Virginia, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River Project: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to continue the Dickenson County Detailed Project Report as
generally defined in Plan 4 of the Huntington District Engineer's Draft
Supplement to the section 202 General Plan for Flood Damage Reduction
dated April 1997, including all Russell Fork tributary streams within
the County and special considerations as may be appropriate to address
the unique relocations and resettlement needs for the flood prone
communities within the County: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is directed to proceed
with the construction of the Seward Harbor, Alaska, project, in
accordance with the Report of the Chief of Engineers, dated June 8,
1999, and the economic justification contained therein: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed and authorized to continue the work to replace
and upgrade the dam and all
[[Page 117 STAT. 1830]]
connections to the existing system at Kake, Alaska: Provided further,
That the Secretary of the Army, acting through the Chief of Engineers,
is directed to proceed with the construction of the Wrangell Harbor,
Alaska, project in accordance with the Chief of Engineer's report dated
December 23, 1999: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use $33,400,000 of
the funds appropriated herein for the Clover Fork, City of Cumberland,
Town of Martin, Pike County (including Levisa Fork and Tug Fork
Tributaries), Bell County, Harlan County in accordance with the Draft
Detailed Project Report dated January 2002, Floyd County, Martin County,
Johnson County, and Knox County, Kentucky, detailed project report,
elements of the Levisa and Tug Forks of the Big Sandy River and Upper
Cumberland River: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use funds
appropriated for the navigation project, Tampa Harbor, Florida, to carry
out, as part of the project, construction of passing lanes in an area
approximately 3.5 miles long, centered on Tampa Bay Cut B, if the
Secretary determines that such construction is technically sound,
environmentally acceptable, and cost effective: Provided further, That
using $200,000 appropriated herein, the Secretary of the Army, acting
through the Chief of Engineers, may develop an environmental impact
statement for introducing non-native oyster species into the Chesapeake
Bay: Provided further, That during preparation of the environmental
impact statement, the Secretary may establish a scientific advisory body
consisting of the Virginia Institute of Marine Science, the University
of Maryland, and other appropriate research institutions to review the
sufficiency of the environmental impact statement: Provided further,
That in addition, the Secretary shall give consideration to the findings
and recommendations of the National Academy of Sciences report on the
introduction of non-native oyster species into the Chesapeake Bay in the
preparation of the environmental impact statement: Provided further,
That notwithstanding the cost sharing provisions of section 510(d) of
the Water Resources Development Act of 1996 (110 Stat. 3760), the
preparation of the environmental impact statement shall be cost shared
50 percent Federal and 50 percent non-Federal, for an estimated cost of
$2,000,000: Provided further, That the non-Federal sponsors may meet
their 50 percent matching cost share through in-kind services: Provided
further, That the Secretary determines that work performed by the non-
Federal sponsors is reasonable, allowable, allocable, and integral to
the development of the environmental impact statement: Provided further,
That the Secretary of the Army, acting through the Chief of Engineers,
is directed to construct the Miami Harbor project, as recommended in the
Miami Harbor Letter Report dated August 2002, as revised February 2003:
Provided further, That using $500,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of Engineers, is
authorized and directed to plan, design, and initiate reconstruction of
the Cape Girardeau, Missouri, project, originally authorized by the
Flood Control Act of 1950, at an estimated total cost of $9,000,000,
with cost sharing on the same basis as cost sharing for the project as
originally authorized, if the Secretary determines that the
reconstruction is technically sound and environmentally acceptable:
Provided further, That the planned reconstruction shall be based on the
most cost-effective engineering solution and shall require
[[Page 117 STAT. 1831]]
no further economic justification: Provided further, That the Secretary
is directed to use $5,000,000 of the funds appropriated herein to
undertake the restoration of Tar Creek and Vicinity, Oklahoma, project.
For expenses necessary for the flood damage reduction program for
the Mississippi River alluvial valley below Cape Girardeau, Missouri, as
authorized by law, $324,222,000, to remain available until expended:
Provided, That the Secretary of the Army, acting through the Chief of
Engineers, using $12,000,000 of the funds provided herein, is directed
to continue design and real estate activities and to initiate the pump
supply contract for the Yazoo Basin, Yazoo Backwater Pumping Plant,
Mississippi: Provided further, That the pump supply contract shall be
performed by awarding continuing contracts in accordance with 33 U.S.C.
621: Provided further, That the Secretary of the Army, acting through
the Chief of Engineers is directed, with funds previously appropriated,
to continue construction of water withdrawal features of the Grand
Prairie, Arkansas, project.
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects; for providing security for
infrastructure owned and operated by, or on behalf of, the United States
Army Corps of Engineers, including administrative buildings and
facilities, laboratories, and the Washington Aqueduct; for the
maintenance of harbor channels provided by a State, municipality, or
other public agency that serve essential navigation needs of general
commerce, where authorized by law; and for surveys and charting of
northern and northwestern lakes and connecting waters, clearing and
straightening channels, and removal of obstructions to navigation,
$1,967,925,000, to remain available until expended, of which such sums
as become available in the Harbor Maintenance Trust Fund, pursuant to
Public Law 99-662 may be derived from that fund, and of which such sums
as become available from the special account for the United States Army
Corps of Engineers established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from that
account for resource protection, research, interpretation, and
maintenance activities related to resource protection in the areas at
which outdoor recreation is available; and of which such sums as become
available under section 217 of the Water Resources Development Act of
1996, Public Law 104-303, shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for which
fees have been collected: Provided, That of funds appropriated herein,
for the Intracoastal Waterway, Delaware River to Chesapeake Bay,
Delaware and Maryland, the Secretary of the Army, acting through the
Chief of Engineers, is directed to reimburse the State of Delaware for
normal operation and maintenance costs incurred by the State of Delaware
for the SR1 Bridge from station 58+00 to station 293+00 between October
1, 2003, and September 30, 2004: Provided
[[Page 117 STAT. 1832]]
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use funds appropriated herein to rehabilitate
the existing dredged material disposal site for the project for
navigation, Bodega Bay Harbor, California, and to continue maintenance
dredging of the Federal channel: Provided further, That the Secretary
shall make suitable material excavated from the site as part of the
rehabilitation effort available to the non-Federal sponsor, at no cost
to the Federal Government, for use by the non-Federal sponsor in the
development of public facilities: Provided further, That the Corps of
Engineers shall not allocate any funds to deposit dredged material along
the Laguna Madre portion of the Gulf Intracoastal Waterway except at the
placement areas specified in the Dredged Material Management Plan in
section 2.11 of the Final Environmental Impact Statement for Maintenance
Dredging of the Gulf Intracoastal Waterway, Laguna Madre, Texas, Nueces,
Kleberg, Kenedy, Willacy, and Cameron Counties, Texas, prepared by the
Corps of Engineers dated September 2003: Provided further, That nothing
in the above proviso shall prevent the Corps of Engineers from
performing necessary maintenance operations along the Gulf Intracoastal
Waterway if the following conditions are met: if the Corps proposes to
use any placement areas that are not currently specified in the Dredged
Material Management Plan and failure to use such alternative placement
areas will result in the closure of any segment of the Gulf Intracoastal
Waterway, then such proposal shall be analyzed in an Environmental
Impact Statement (EIS) and comply with all other applicable requirements
of the National Environmental Policy Act, 42 U.S.C. 4321, et seq., and
all other applicable State and Federal laws, including the Clean Water
Act, 33 U.S.C. 1251 et seq., the Endangered Species Act, 16 U.S.C. 1531
et seq., and the Coastal Zone Management Act, 16 U.S.C. 1451 et seq.:
Provided further, That $15,000,000 is provided to be used by the
Secretary of the Army, acting through the Chief of Engineers, to repair,
restore, and clean up projects and facilities of the Corps of Engineers
and dredge navigation channels, restore and clean out area streams,
provide emergency stream bank protection, restore other crucial public
infrastructure (including water and sewer facilities), document flood
impacts, and undertake other flood recovery efforts considered necessary
by the Chief of Engineers: Provided further, That the Secretary of the
Army is directed to use $75,000 of the funds appropriated herein to
remove the weir feature of the project for flood damage reduction,
Mayfield Creek and Tributaries, Kentucky, constructed pursuant to
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), without
any further environmental or economic analysis or study: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use $250,000 of the funds appropriated herein
for sediment removal and dam repair at Junaluska, North Carolina.
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $140,000,000, to remain
available until expended.
[[Page 117 STAT. 1833]]
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $140,000,000, to remain available until
expended.
For expenses necessary for general administration and related civil
works functions in the headquarters of the United States Army Corps of
Engineers, the offices of the Division Engineers, the Humphreys Engineer
Center Support Activity, the Institute for Water Resources, the United
States Army Engineer Research and Development Center, and the United
States Army Corps of Engineers Finance Center, $160,000,000, to remain
available until expended: Provided, That no part of any other
appropriation provided in title I of this Act shall be available to fund
the activities of the Office of the Chief of Engineers or the executive
direction and management activities of the division offices: Provided
further, That none of these funds shall be available to support an
office of congressional affairs within the executive office of the Chief
of Engineers.
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and during
the current fiscal year the Revolving Fund, Corps of Engineers, shall be
available for purchase (not to exceed 100 for replacement only) and hire
of passenger motor vehicles.
Sec. 101. Agreements proposed for execution by the Assistant
Secretary of the Army for Civil Works or the United States Army Corps of
Engineers after the date of the enactment of this Act pursuant to
section 4 of the Rivers and Harbor Act of 1915, Public Law 64-291;
section 11 of the River and Harbor Act of 1925, Public Law 68-585; the
Civil Functions Appropriations Act, 1936, Public Law 75-208; section 215
of the Flood Control Act of 1968, as amended, Public Law 90-483;
sections 104, 203, and 204 of the Water Resources Development Act of
1986, as amended, Public Law 99-662; section 206 of the Water Resources
Development Act of 1992, as amended, Public Law 102-580; section 211 of
the Water Resources Development Act of 1996, Public Law 104-303; and any
other specific project authority, shall be limited to credits and
reimbursements per project not to exceed $10,000,000 in each fiscal
year, and total credits and reimbursements for all applicable projects
not to exceed $50,000,000 in each fiscal year.
Sec. 102. None of the funds appropriated in this or any other Act
may be used by the United States Army Corps of Engineers to support
activities related to the proposed Ridge Landfill in Tuscarawas County,
Ohio.
Sec. 103. None of the funds appropriated in this Act, or any other
Act, shall be used to demonstrate or implement any plans divesting or
transferring of any Civil Works missions, functions,
[[Page 117 STAT. 1834]]
or responsibilities for the United States Army Corps of Engineers to
other government agencies without specific direction in a subsequent Act
of Congress.
Sec. 104. None of the funds appropriated in this or any other Act
may be used by the United States Army Corps of Engineers to support
activities related to the proposed Indian Run Sanitary Landfill in Sandy
Township, Stark County, Ohio.
Sec. 105. Alamogordo, New Mexico. The project for flood protection
at Alamogordo, New Mexico, authorized by the Flood Control Act of 1962
(Public Law 87-874), is modified to authorize and direct the Secretary
to construct a flood detention basin to protect the north side of the
City of Alamogordo, New Mexico, from flooding. The flood detention basin
shall be constructed to provide protection from a 100-year flood event.
The project cost share for the flood detention basin shall be consistent
with section 103(a) of the Water Resources Development Act of 1986,
notwithstanding section 202(a) of the Water Resources Development Act of
1996.
Sec. 106. (a) Designation.--Lock and dam numbered 3 on the Allegheny
River, Pennsylvania, shall be known and designated as the ``C.W. Bill
Young Lock and Dam''.
(b) Legal References.--A reference in any law, regulation, document,
record, map, or other paper of the United States to the lock and dam
referred to in subsection (a) shall be deemed to be a reference to the
``C.W. Bill Young Lock and Dam''.
Sec. 107. The Secretary of the Army may utilize continuing contracts
in carrying out the studying, planning, or designing of a water
resources project prior to the authorization of the project for
construction.
Sec. 108. The Secretary is authorized to remove and dispose of oil
bollards and associated debris in Burlington Harbor, Vermont.
Sec. 109. Kake Dam Replacement, Kake, Alaska Technical Corrections.
Section 105, Public Law 106-377, is amended by striking ``$7,000,000''
and inserting ``$11,000,000 at full Federal expense''.
Sec. 110. Deauthorization of Project for Navigation, Pawtuxet Cove,
Rhode Island. (a) In General.--The portions of the project for
navigation, Pawtuxet Cove, Rhode Island, authorized by section 101 of
the River and Harbor Act of 1962 (76 Stat. 1173) and described in
subsection (b) shall no longer be authorized after the date of enactment
of this Act.
(b) Descriptions.--The portions of the project referred to in
subsection (a) are the following:
(1) Beginning at a point along the western edge of the 6-
foot channel just south of the 6-foot turning basin:
N247,856.00, E530,338.00, thence running north 51 degrees 44
minutes 12.5 seconds west 214.77 feet to a point N247,989.00,
E530,169.37, thence running north 13 degrees 14 minutes 48.8
seconds west 149.99 feet to a point N248,135.00, E530,135.00,
thence running north 44 degrees 11 minutes 7.4 seconds east
137.77 feet to a point N248,233.79, E530,231.02, thence running
north 3 degrees 58 minutes 18.8 seconds west 300.00 feet to a
point N248,533.07, E530,210.24 thence running north 86 degrees 1
minute 34.3 seconds east 35.00 feet to a point N248,535.50,
E530,245.16, thence running
[[Page 117 STAT. 1835]]
south 3 degrees 58 minutes 21.0 seconds east 342.49 feet to a
point N248,193.83, E530,268.88, thence running south 44 degrees
11 minutes 7.4 seconds west 135.04 feet to a point N248,097.00,
E530,174.77, thence running south 13 degrees 14 minutes 48.8
seconds east 85.38 feet to a point N248,013.89, E530,194.33,
thence running south 51 degrees 44 minutes 12.5 seconds east
166.56 feet to a point N247,910.74, E530,325.11 thence running
south 13 degrees 14 minutes 49.2 seconds east 56.24 feet to the
point of origin.
(2) Beginning at a point along the eastern edge of the 6-
foot channel opposite the 6-foot turning basin: N248,180.00,
E530,335.00, thence running south 32 degrees 12 minutes 35.3
seconds east 88.25 feet to a point N248,105.33, E530,382.04,
thence running south 13 degrees 14 minutes 49.2 seconds east
138.48 feet to a point N247,970.53, E530,413.77, thence running
north 32 degrees 12 minutes 35.3 seconds west 135.42 feet to a
point N248,085.12, E530,341.59, thence running north 3 degrees
58 minutes 21.0 seconds west 95.11 feet to the point of origin.
(3) Beginning at a point along the eastern edge of the
channel adjacent to the 6-foot entrance channel: N246,630.77,
E530,729.17, thence running south 13 degrees 14 minutes 49.2
seconds east 35.55 feet to a point N246,596.16, E530,737.32,
thence running south 51 degrees 31 minutes 38.6 seconds east
283.15 feet to a point N246,420.00, E530,959.00, thence running
north 47 degrees 28 minutes 37.2 seconds west 311.84 feet
returning to a point N246,630.77, E530,729.17.
Sec. 111. (a) The Secretary of the Army is authorized to provide
technical, planning, design and construction assistance to non-Federal
interests to remedy adverse environmental and human health impacts in
Ottawa County, Oklahoma. In providing assistance, the Secretary shall
coordinate with the State, Tribal, and local interests. The Secretary
may undertake implementation of such activities as the Secretary
determines to be necessary or advisable to demonstrate practicable
alternatives, such activities shall include measures to address lead
exposure and other environmental problems related to historical mining
activities in the area.
(b) In carrying out subsection (a), the Secretary may utilize,
through contracts or other means, the services of the University of
Oklahoma, the Oklahoma Department of Environmental Quality, or such
other entities as the Secretary determines to be appropriate.
(c) Notwithstanding any other provision of law, the Secretary shall
not incur liability under the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) for activities
undertaken pursuant to this section.
(d) Non-Federal interests shall be responsible for providing any
necessary lands, easements or rights-of-way required for implementation
of activities authorized by this section and shall be responsible for
operating and maintaining any restoration alternatives constructed or
carried out pursuant to this section. All other costs shall be borne by
the Federal Government.
(e) There is authorized to be appropriated $15,000,000 to carry out
the purposes of this section.
Sec. 112. The amount of $2,000,000 previously provided under the
heading ``Construction, General'' in title I of the Energy and Water
Development Appropriations Act, 2003, division D of Public Law 108-7, is
to be used to provide technical assistance at full
[[Page 117 STAT. 1836]]
Federal expense, to Alaskan communities to address the serious impacts
of coastal erosion.
Sec. 113. St. Georges Bridge, Delaware. None of the funds made
available in this Act may be used to carry out any activity relating to
closure or removal of the St. Georges Bridge across the Intracoastal
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland,
including a hearing or any other activity relating to preparation of an
environmental impact statement concerning the closure or removal.
Sec. 114. Section 214(a) of Public Law 106-541 <<NOTE: 23 USC 2201
note.>> is amended by striking ``2003'' and inserting ``2005''.
Sec. 115. The Secretary of the Army, acting through the Chief of
Engineers, shall direct construction of Alternative 1 (Northeast Corner)
for the project authorized in section 353 of Public Law 105-277
notwithstanding any other provision of law.
Sec. 116. The Secretary of the Army, acting through the Chief of
Engineers, is authorized to undertake appropriate planning, design, and
construction measures for wildfire prevention and restoration in the
Middle Rio Grande bosque in and around the City of Albuquerque. Work
shall be directed toward those portions of the bosque which have been
damaged by wildfire or are in imminent danger of damage from wildfire
due to heavy fuel loads and impediments to emergency vehicle access.
Sec. 117. Section 595 of the Water Resources Development Act of 1999
(113 Stat. 383; 117 Stat. 142) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 595. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, AND RURAL UTAH.'';
(2) in subsection (a)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(B) by striking (a) and all that follows through
``means--'' and inserting the following:
``(a) Definitions.--In this section:
``(1) Rural nevada.--The term `rural Nevada' means''; and
(C) by adding at the end the following:
``(2) Rural utah.--The term `rural Utah' means--
``(A) the counties of Box Elder, Cache, Rich,
Tooele, Morgan, Summit, Dagett, Wasatch, Duchesne,
Uintah, Juab, Sanpete, Carbon, Millard, Sevier, Emery,
Grand, Beaver, Piute, Wayne, Iron, Garfield, San Juan,
and Kane, Utah; and
``(B) the portions of Washington County, Utah, that
are located outside the city of St. George, Utah.'';
(3) in subsections (b) and (c), by striking ``Nevada,
Montana, and Idaho'' and inserting ``Idaho, Montana, rural
Nevada, New Mexico, and rural Utah''; and
(4) in subsection (h), by striking ``2001--'' and all that
follows and inserting ``2001 $25,000,000 for each of Idaho,
Montana, New Mexico, and rural Utah, to remain available until
expended.''.
Sec. 118. Section 560(f) of Public Law 106-53 <<NOTE: 33 USC
2336.>> is amended by striking ``$5,000,000'' and inserting
``$7,500,000''.
Sec. 119. Section 219(f) of the Water Resources Development Act of
1992 (Public Law 102-580; 106 Stat. 4835), as amended
[[Page 117 STAT. 1837]]
by section 502(b) of the Water Resources Development Act of 1999 (Public
Law 106-53; 113 Stat. 335) and section 108(d) of title I of division B
of the Miscellaneous Appropriations Act, 2001 (as enacted by Public law
106-554; 114 Stat. 2763A-220), is further amended by adding at the end
the following:
``(71) Coronado, california.--$10,000,000 is authorized for
wastewater infrastructure, Coronado, California.''.
Sec. 120. Section 592(g) of the Water Resources Development Act of
1999 (Public Law 106-53; 113 Stat. 380) is amended by striking
``$25,000,000 for the period beginning with fiscal year 2000'' and
inserting ``$100,000,000''.
Sec. 121. Park River, Grafton, North Dakota. Section 364(5) of the
Water Resources Development Act of 1999 (113 Stat. 314) is amended--
(1) by striking ``$18,265,000'' and inserting
``$21,075,000''; and
(2) by striking ``$9,835,000'' and inserting ``$7,025,000''.
Sec. 122. Schuylkill River Park, Philadelphia, Pennsylvania. The
Secretary of the Army shall provide technical, planning, design, and
construction assistance for Schuylkill River Park, Philadelphia,
Pennsylvania, in accordance with section 564(c) of the Water Resources
Development Act of 1996 (Public Law 104-303; 110 Stat. 3785), as
contained in the February 2003 report of the Philadelphia District based
on regional economic development benefits, at a Federal share of 50
percent and a non-Federal share of 50 percent.
Sec. 123. Gwynns Falls Watershed, Baltimore, Maryland. The Secretary
of the Army shall implement the project for ecosystem restoration,
Gwynns Falls, Maryland, in accordance with the Baltimore Metropolitan
Water Resources-Gwynns Falls Watershed Feasibility Report prepared by
the Corps of Engineers and the City of Baltimore, Maryland.
Sec. 124. Snake River Confluence Interpretative Center, Clarkston,
Washington. (a) In General.--The Secretary of the Army, acting through
the Chief of Engineers (referred to in this section as the
``Secretary'') is authorized and shall carry out a project to plan,
design, construct, furnish, and landscape a federally owned and operated
Collocated Civil Works Administrative Building and Snake River
Confluence Interpretative Center, as described in the Snake River
Confluence Center Project Management Plan.
(b) Location.--The project--
(1) shall be located on Federal property at the confluence
of the Snake River and the Clearwater River, near Clarkston,
Washington; and
(2) shall be considered to be a capital improvement of the
Clarkston office of the Lower Granite Project.
(c) Existing Structures.--In carrying out the project, the Secretary
may demolish or relocate existing structures.
(d) Cost Sharing.--
(1) Total cost.--The total cost of the project shall not
exceed $3,500,000 (excluding interpretative displays).
(2) Federal share.--The Federal share of the cost of the
project shall be $3,000,000.
(3) Non-federal share.--
(A) In general.--The non-Federal share of the cost
of the project--
(i) shall be $500,000; and
[[Page 117 STAT. 1838]]
(ii) may be provided--
(I) in cash; or
(II) in kind, with credit accorded
to the non-Federal sponsor for provision
of all necessary services, replacement
facilities, replacement land (not to
exceed 4 acres), easements, and rights-
of-way acceptable to the Secretary and
the non-Federal sponsor.
(B) Interpretive exhibits.--In addition to the non-
Federal share described in subparagraph (A), the non-
Federal sponsor shall fund, operate, and maintain all
interpretative exhibits under the project.
Sec. 125. Flood Damage Reduction, <<NOTE: Reports. Deadline.>> Mill
Creek, Cincinnati, Ohio. The Secretary of the Army is directed to
complete the General Reevaluation Report on the Mill Creek, Ohio,
project within 15 months of enactment of this Act at 100 percent Federal
cost. The report shall provide plans for flood damage reduction
throughout the basin equivalent to and commensurate with that afforded
by the authorized, partially implemented, Mill Creek, Ohio, Flood Damage
Reduction Project, as authorized in section 201 of the Flood Control Act
of 1970 (Public Law 91-611).
Sec. 126. Lakes Marion and Moultrie, South Carolina. Section
219(f)(25) of the Water Resources Development Act of 1992 (113 Stat.
336; 114 Stat. 2763A-220) is amended--
(1) by striking ``$15,000,000'' and inserting
``$35,000,000''; and
(2) by inserting ``wastewater treatment and'' before ``water
supply''.
Sec. 127. Section 219(f) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335-337; 114 Stat. 2763A-220-221) is
amended by adding at the end the following: ``Charleston, South
Carolina.--$5,000,000 for wastewater infrastructure, including
wastewater collection systems, Charleston, South Carolina.''.
Sec. 128. American River Watershed, California. (a) In General.--The
Secretary of the Army is authorized to carry out the project for flood
damage reduction and environmental restoration, American River
Watershed, California, substantially in accordance with the plans, and
subject to the conditions, described in the Report of the Chief of
Engineers dated November 5, 2002, at a total cost of $257,300,000, with
an estimated Federal cost of $201,200,000 and an estimated non-Federal
cost of $56,100,000; except that the Secretary is authorized to accept
funds from State and local governments and other Federal agencies for
the purpose of constructing a permanent bridge instead of the temporary
bridge described in the recommended plan and may construct such
permanent bridge if all additional costs for such bridge, above the
$36,000,000 provided for in the recommended plan for bridge
construction, are provided by such governments or agencies.
(b) Expediting Bridge Design and Construction.--The Secretary, in
cooperation with appropriate non-Federal interests, shall immediately
commence appropriate studies for, and the design of, a permanent bridge
(including an evaluation of potential impacts of bridge construction on
traffic patterns and identification of alternatives for mitigating such
impacts) and, upon execution of a cost-sharing agreement with such non-
Federal interests, shall proceed to construction of the bridge as soon
as practicable; except that
[[Page 117 STAT. 1839]]
such studies, design, and construction shall not adversely affect the
schedule of design or construction of authorized projects for flood
damage reduction.
Sec. 129. American and Sacramento Rivers, California. The project
for flood damage reduction, American and Sacramento Rivers, California,
authorized by section 101(a)(1) of the Water Resources Development Act
of 1996 (110 Stat. 3662-3663) and modified by section 366 of the Water
Resources Development Act of 1999 (113 Stat. 319-320), is further
modified to direct the Secretary to carry out the project, at a total
cost of $205,000,000.
Sec. 130. Placer and El Dorado Counties, California. (a)
Establishment of Program.--The Secretary of the Army may establish a
program to provide environmental assistance to non-Federal interests in
Placer and El Dorado Counties, California.
(b) Form of Assistance.--Assistance under this section may be in the
form of design and construction assistance to improve the efficiency and
use of existing water supplies in Placer and El Dorado Counties through
water and wastewater projects, programs, and infrastructure.
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
costs under each partnership agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for work.--The non-Federal interests
shall receive credit for the reasonable cost of design
work on a project completed by the non-Federal interest
before entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the non-
Federal interest shall receive credit for reasonable
interest incurred in providing the non-Federal share of
the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs
[[Page 117 STAT. 1840]]
associated with obtaining permits necessary for the
construction, operation, and maintenance of the project
on publicly owned or controlled land), but not to exceed
25 percent of total project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(f) Nonprofit Entities.--Notwithstanding section 221(b) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project undertaken
under this section, a non-Federal interest may include a nonprofit
entity with the consent of the affected local government.
(g) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
100 percent Federal expense.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000. Such sums shall
remain available until expended.
Sec. 131. Sacramento Area, California. Section 219(f)(23) of the
Water Resources Development Act of 1992 (106 Stat. 4835-4836; 113 Stat.
336) is amended by striking ``$25,000,000'' and inserting
``$35,000,000''.
Sec. 132. Upper Klamath Basin, California. (a) Definition of Upper
Klamath Basin.--In this section, the term ``Upper Klamath Basin'' means
the counties of Klamath, Oregon, and Siskiyou and Modoc, California.
(b) Establishment of Program.--The Secretary of the Army may
establish a program to provide environmental assistance to non-Federal
interests in the Upper Klamath Basin.
(c) Form of Assistance.--Assistance under this section may be in the
form of design and construction assistance to improve the efficiency and
use of existing water supplies in the Upper Klamath Basin through water
and wastewater and ecosystem restoration projects, programs, and
infrastructure.
(d) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
[[Page 117 STAT. 1841]]
(B) Legal and institutional structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
costs under each partnership agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for work.--The non-Federal interests
shall receive credit for the reasonable cost of design
work on a project completed by the non-Federal interest
before entering into a partnership agreement with the
Secretary for such project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the non-
Federal interest shall receive credit for reasonable
interest incurred in providing the non-Federal share of
the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(g) Nonprofit Entities.--Notwithstanding section 221(b) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project undertaken
under this section, a non-Federal interest may include a nonprofit
entity with the consent of the affected local government.
(h) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
100 percent Federal expense.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000. Such sums shall
remain available until expended.
Sec. 133. Additional Assistance for Critical Projects. Section
219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 335-337; 114 Stat. 2763A-220-221) is amended by adding at the
end the following:
``(71) Placer and el dorado counties, california.--
$35,000,000 to improve the efficiency and use of existing water
supplies in Placer and El Dorado Counties, California, through
water and wastewater projects, programs, and infrastructure.
[[Page 117 STAT. 1842]]
``(72) Lassen, plumas, butte, sierra, and nevada counties,
california.--$25,000,000 to improve the efficiency and use of
existing water supplies in the counties of Lassen, Plumas,
Butte, Sierra, and Nevada, California, through water and waste
water projects, programs, and infrastructure.''.
Sec. 134. Bridge Authorization. There is authorized to be
appropriated $30,000,000 for the construction of the permanent bridge
described in section 128(a).
Sec. 135. Section 504(a)(2) of the Water Resources Development Act
of 1999 (113 Stat. 338) is amended by striking ``Kehly Run Dam'' and
inserting ``Kehly Run Dams''.
Sec. 136. The McClellan-Kerr Arkansas River navigation project,
authorized under the comprehensive plan for the Arkansas River Basin by
section 3 of the Act entitled ``An Act authorizing the construction of
certain public works on rivers and harbors for flood control, and for
other purposes'', approved June 28, 1938 (52 Stat. 1218) and section 10
of the Flood Control Act of 1946 (60 Stat. 647) and where applicable the
provisions of the River and Harbor Act of 1946 (60 Stat. 634) and
modified by section 108 of the Energy and Water Development
Appropriations Act, 1988 (101 Stat. 1329-112), is further modified to
authorize a project depth of 12 feet.
Sec. 137. The Secretary shall provide credit to the non-Federal
sponsor for preconstruction engineering and design work performed by the
non-Federal sponsor for the environmental dredging project at Ashtabula
River, Ohio, prior to execution of a Project Cooperation Agreement.
Sec. 138. Gateway Point, North Tonawanda, New York. The Secretary
shall review the shoreline stabilization, recreation, and public access
components of the feasibility report for waterfront development at
Gateway Point, North Tonawanda, New York, entitled ``City of North
Tonawanda, Gateway Point Feasibility'', dated February 6, 2003, and
prepared by the non-Federal interest and, if the Secretary determines
that those components meet the evaluation and design standards of the
Corps of Engineers and that the components are feasible, may carry out
the components at a Federal cost not to exceed $3,300,000.
Sec. 139. Chicago River and Harbor Illinois. Those portions of the
projects for navigation, Chicago River and Chicago Harbor, authorized by
the River and Harbor Act of March 3, 1899, (30 Stat. 1129) extending 50
feet riverward of the existing dock wall on the south side of the
channel from Lake Street to Franklin Street and 25 feet riverward of the
existing dock wall on the south side of the channel from Franklin Street
to Wabash Avenue, and those areas within 20 feet of the bridge abutments
on the south side of the channel for the length of the protection bridge
piers from the Franklin Street Bridge to the Michigan Avenue Bridge
shall no longer be authorized after the date of enactment of this Act.
Sec. 140. San Francisco, California. Capital Improvement Project.--
(1) Establishment of office.--The Secretary shall establish
a centralized office at the office of the district engineer, San
Francisco, California, for the use of all Federal and State
agencies that are or will be involved in issuing permits and
conducting environmental reviews for the capital improvement
[[Page 117 STAT. 1843]]
project to repair and upgrade the water supply and delivery
system for the city of San Francisco.
(2) Contributions.--The Secretary may use the authority
under section 214 of the Water Resources Development Act of 2000
(33 U.S.C. 2201 note) for the project described in paragraph
(1).
(3) Protection of impartial decisionmaking.--In carrying out
this section, the Secretary and the heads of Federal agencies
receiving funds under such section 214 for the project described
in paragraph (1) shall ensure that the use of the funds accepted
under such section for such project will not impact impartial
decision making with respect to the issuance of permits, either
substantively or procedurally, or diminish, modify, or otherwise
affect the statutory or regulatory authorities of such agencies.
Sec. 141. Wolf Lake, Indiana. The project for aquatic ecosystem
restoration, Wolf Lake, Indiana, being carried out under section 206 of
the Water Resources Development Act of 1996 (33 U.S.C. 2330), is
modified to direct the Secretary to credit toward the non-Federal share
of the cost of the project the cost of planning, design, and
construction work carried out by the non-Federal interest before the
date of the project cooperation agreement for the project if the
Secretary determines that the work is integral to the project.
Sec. 142. Cook County, Illinois. The Secretary of the Army is
directed to credit up to $80,000 for design work completed by non-
Federal interests, prior to and after the signing of the project
cooperation agreement, toward the non-Federal share of the project for
Calumet and Burr Oaks Schools Sewer Improvements, Cook County, Illinois,
authorized by section 219(f)(54) of the Water Resources Development Act
of 1992 (Public Law 102-580, as amended), if the Secretary determines
that the work is integral to the project.
Sec. 143. Los Angeles Harbor, Los Angeles, California. The project
for navigation, Los Angeles Harbor, Los Angeles, California, authorized
by section 101(b)(5) of the Water Resources Development Act of 2000 (114
Stat. 2577), is modified to direct the Secretary to credit toward the
non-Federal share of the cost of the project the cost of the planning,
design, and construction work carried out by the non-Federal interest
before the date of the partnership agreement for the project if the
Secretary determines the work is integral to the project.
Sec. 144. San Lorenzo River, California. The project for flood
control, San Lorenzo River, California, authorized by section 101(a)(5)
of the Water Resources Development Act of 1996 (110 Stat. 3663), is
modified to direct the Secretary to credit not more than $2,000,000
toward the non-Federal share of the cost of the project for the cost of
the work carried out by the non-Federal interest before the date of the
project cooperation agreement for the project if the Secretary
determines the work is integral to the project.
Sec. 145. Calumet Region, Indiana. Section 219(f)(12) of the Water
Resources Development Act of 1992 (113 Stat. 335) is amended--
(1) by striking ``$10,000,000'' and inserting
``$30,000,000''; and
[[Page 117 STAT. 1844]]
(2) by striking ``Lake and Porter'' and inserting ``Benton,
Jasper, Lake, Newton, and Porter''.
Sec. 146. The Secretary of the Army, acting through the Chief of
Engineers, is authorized to construct the project for flood control,
Meramec River Basin, Valley Park Levee, Missouri, originally authorized
by Public Law 97-128 (95 Stat. 1682) and modified by section 1128 of
WRDA 1986 and section 333 of WRDA 1999, at a maximum Federal expenditure
of $50,000,000.
Sec. 147. The project for flood control, Saw Mill Run, Pennsylvania,
authorized by section 401(a) of Public Law 99-662 (100 Stat. 4124) and
modified by section 301(a) of Public Law 104-303 (110 Stat. 3708), is
further modified to authorize the Secretary to carry out the project at
a total cost of $22,000,000, with an estimated Federal cost of
$16,500,000 and an estimated non-Federal cost of $5,500,000.
Sec. 148. The project for flood control, Roanoke River Upper Basin,
Virginia, authorized by section 401(a) of Public Law 99-662 (100 Stat.
4126), is further modified to authorize the Secretary to construct the
project at a total cost of $61,700,000, with an estimated Federal cost
of $43,000,000 and an estimated non-Federal cost of $18,700,000.
Sec. 149. The project for harbor deepening, Brunswick Harbor,
Georgia, authorized by section 101(a)(19), Public Law 106-53, and
amended by the fiscal year 2003 Consolidated Appropriations Act, Public
Law 108-7, is further modified to authorize the Secretary to construct
the project at a total cost of $96,276,000 with an estimated Federal
cost of $61,709,000 and an estimated non-Federal cost of $34,567,000.
Sec. 150. The project for flood control, Lackawanna River at
Olyphant, Pennsylvania, authorized by section 101(16) of Public Law 102-
580 (106 Stat. 4797), is modified to authorize the Secretary to carry
out the project at a total cost of $23,000,000, with an estimated
Federal cost of $17,250,000 and an estimated non-Federal cost of
$5,750,000.
Sec. 151. Perry Creek, Iowa. The project for flood protection, Perry
Creek Flood Control Project, Sioux City, Iowa, authorized under section
401(a) of the Water Resources Development Act of 1986, is modified to
increase the project authorization to $96,870,000 (Federal cost of
$58,677,000 and non-Federal cost of $38,193,000).
Sec. 152. Elizabeth River, Chesapeake, Virginia. Section 358 of
Public Law 106-53 <<NOTE: 113 Stat. 312.>> is modified by striking
``September 30, 1999,'' and inserting ``May 1, 1997,''.
Sec. 153. Section 219(f) of the Water Resources Development Act of
1992 is <<NOTE: 114 Stat. 2763A-221.>> amended by adding at the end the
following:
``(71) $6,430,000 for environmental infrastructure for
Indianapolis, Indiana;''.
Sec. 154. Mississippi River and Big Muddy River, Illinois. (a) In
General.--The project for flood control, Mississippi River and Big Muddy
River, Illinois, authorized by the Flood Control Act of 1938, is
modified to authorize the Secretary to carry out repair and
rehabilitation of the project at a total cost of $22,600,000, with an
estimated Federal cost of $16,950,000 and an estimated non-Federal cost
of $5,650,000, and to perform operation and maintenance of the project
thereafter.
[[Page 117 STAT. 1845]]
(b) Other Assistance.--Federal assistance made available through the
Department of Agriculture may be used toward payment of the non-Federal
share of the costs of the repair and rehabilitation under this section.
(c) United States Lands.--Costs under this section for the repair
and rehabilitation allocable to the protection of lands owned by the
United States shall be a Federal responsibility. The Secretary shall
seek reimbursement from the Secretary of Agriculture for the costs
allocated to protecting lands owned by the Department of Agriculture.
(d) Operation and Maintenance of Non-Federal Lands.--The cost of
operation and maintenance under this section allocated to protecting
non-Federal lands shall be a non-Federal responsibility.
Sec. 155. Moss Lake, Louisiana. The Secretary of the Army, acting
through the Chief of Engineers, is authorized to carry out a project to
restore lake depths at Moss Lake, Louisiana, adjacent to the Calcasieu
River and Pass channel at a total project cost of $2,500,000.
Sec. 156. The project for navigation, Manatee Harbor, Florida,
authorized by section 202(a) of the Water Resources Development Act of
1986 (100 Stat. 4093), and modified by section 102(j) of the Water
Resources Development Act of 1990 (104 Stat. 4612), is further
modified--
(1) to include the construction of an extension of the south
channel a distance of approximately 1584 feet consistent with
the general reevaluation report, dated April 2002, prepared by
the Jacksonville District Corps of Engineers, at a total cost of
$11,300,000, with an estimated Federal cost of $8,475,000 and an
estimated non-Federal cost of $2,825,000;
(2) to direct the Secretary to credit toward the non-Federal
share of the cost of the project the cost of in-kind services
and materials provided for the project by the non-Federal
interest;
(3) to direct the Secretary to credit toward the non-Federal
share of the cost of the project the cost of planning, design,
and construction work carried out by the non-Federal interest
before the date of the partnership agreement for the project if
the Secretary determines that the work is integral to the
project; and
(4) to authorize the Secretary to carry out the project as
modified at a total cost of $61,500,000.
SEC. 157. HARRIS GULLY, HARRIS COUNTY, TEXAS.
(a) Study.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of carrying out a project for flood
damage reduction in the Harris Gully watershed, Harris County,
Texas, to provide flood protection for the Texas Medical Center,
Houston, Texas.
(2) Use of local studies and plans.--In conducting the
study, the Secretary shall use, to the extent practicable,
studies and plans developed by the non-Federal interest if the
Secretary determines that such studies and plans meet the
evaluation and design standards of the Corps of Engineers.
(3) Completion date.--The Secretary shall complete the study
by July 1, 2004.
[[Page 117 STAT. 1846]]
(b) Critical Flood Damage Reduction Measures.--The Secretary may
carry out critical flood damage reduction measures that the Secretary
determines are feasible and that will provide immediate and substantial
flood damage reduction benefits in the Harris Gully watershed, at a
Federal cost of $7,000,000.
(c) Credit.--The Secretary shall credit toward the non-Federal share
of the cost of the project the cost of planning, design, and
construction work carried out by the non-Federal interest before the
date of the partnership agreement for the project if the Secretary
determines that such work is integral to the project.
(d) Nonprofit Entity.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), a nonprofit entity may, with
the consent of the local government, serve as a non-Federal interest for
the project undertaken under this section.
Sec. 158. The Secretary may carry out the Reach J, Segment 1,
element of the project for hurricane and storm damage reduction,
Morganza to the Gulf of Mexico, Louisiana, in accordance with the report
of the Chief of Engineers, dated August 23, 2002, and supplemental
report dated July 22, 2003, at a total cost of $4,000,000.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
For carrying out activities authorized by the Central Utah Project
Completion Act, $36,463,000, to remain available until expended, of
which $9,423,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission.
In addition, for necessary expenses incurred in carrying out related
responsibilities of the Secretary of the Interior, $1,728,000, to remain
available until expended.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, Indian tribes, and others,
$857,498,000, to remain available until expended, of which $51,330,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $33,570,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund; and of which not more
than
[[Page 117 STAT. 1847]]
$500,000 is for high priority projects which shall be carried out by the
Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided,
That such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided further,
That funds available for expenditure for the Departmental Irrigation
Drainage Program may be expended by the Bureau of Reclamation for site
remediation on a non-reimbursable basis: Provided further, That
$1,000,000 is to be used for completion of the Santa Fe wells project in
New Mexico through a cooperative agreement with the City of Santa Fe:
Provided further, That $10,000,000 of the funds appropriated herein
shall be deposited in the San Gabriel Basin Restoration Fund established
by section 110 of division B, title I of Public Law 106-554, as amended:
Provided further, That section 301 of Public Law 102-250, Reclamation
States Emergency Drought Relief Act of 1991, as amended, <<NOTE: 43 USC
2241. Bureau of Reclamation Loan Program Account>> is amended further by
inserting ``2003, and 2004'' in lieu of ``and 2003''.
For administrative expenses necessary to carry out the program for
direct loans and/or grants, $200,000, to remain available until
expended, of which the amount that can be financed by the Reclamation
Fund shall be derived from that fund.
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $39,600,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of
Public Law 102-575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the full
amount of the additional mitigation and restoration payments authorized
by section 3407(d) of Public Law 102-575: Provided further, That none of
the funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the water is
already committed to in-stream purposes by a court adopted decree or
order.
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $55,525,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation
[[Page 117 STAT. 1848]]
in this Act shall be available for activities or functions budgeted as
policy and administration expenses.
From unobligated balances under this heading, $4,525,000 are
rescinded.
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 14 passenger motor vehicles, of which 12 are
for replacement only.
General Provisions
Sec. 201. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of California
of a plan, which shall conform to the water quality standards of the
State of California as approved by the Administrator of the
Environmental Protection Agency, to minimize any detrimental effect of
the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal reclamation
law.
Sec. 202. None of the funds appropriated or otherwise made available
by this or any other Act may be used to pay the salaries and expenses of
personnel to purchase or lease water in the Middle Rio Grande or the
Carlsbad Projects in New Mexico unless said purchase or lease is in
compliance with the purchase requirements of section 202 of Public Law
106-60.
Sec. 203. Subsection 206(b) of Public Law 101-514 <<NOTE: 104 Stat.
2087.>> is amended as follows: In paragraph (1), strike ``, with annual
quantities delivered under these contracts to be determined by the
Secretary based upon the quantity of water actually needed within the
Sacramento County Water Agency service area and San Juan Suburban Water
District after considering reasonable efforts to: (i) promote full
utilization of existing water entitlements within Sacramento County;
(ii) implement water conservation and metering programs within the areas
served by the contract; and (iii) implement programs to maximize to the
extent feasible conjunctive use of surface water and groundwater''.
[[Page 117 STAT. 1849]]
Sec. 204. The Secretary of the Interior is authorized and directed
to amend the Central Valley Project water supply contracts of the
Sacramento County Water Agency and the San Juan Suburban Water District
by deleting a provision requiring a determination of annual water needs
included pursuant to section 206 of Public Law 101-514.
Sec. 205. Lower <<NOTE: 43 USC 1543 note.>> Colorado River Basin
Development. (a) In General.--Notwithstanding section 403(f) of the
Colorado River Basin Project Act (43 U.S.C. 1543(f)), no amount from the
Lower Colorado River Basin Development Fund shall be paid to the general
fund of the Treasury until each provision of the revised Stipulation
Regarding a Stay and for Ultimate Judgment Upon the Satisfaction of
Conditions, filed in United States District Court on April 24, 2003, in
Central Arizona Water Conservation District v. United States (No. CIV
95-625-TUC-WDB (EHC), No. CIV 95-1720-OHX-EHC (Consolidated Action)),
and any amendment or revision thereof, is met.
(b) Payment to General Fund.--If any of the provisions of the
stipulation referred to in subsection (a) are not met by the date that
is 10 years after the date of enactment of this Act, payments to the
general fund of the Treasury shall resume in accordance with section
403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)).
(c) Authorization.--Amounts in the Lower Colorado River Basin
Development Fund that but for this section would be returned to the
general fund of the Treasury shall not be expended until further Act of
Congress.
Sec. 206. The second paragraph under the heading ``Administrative
Provisions'' in Public Law 102-377 (43 U.S.C. 377b) is amended by
inserting ``, not to exceed $5,000,000 for each causal event giving rise
to a claim or claims'' after ``activities of the Bureau of
Reclamation''.
Sec. 207. Funds under this title for Drought Emergency Assistance
shall be made available primarily for leasing of water for specified
drought related purposes from willing lessors, in compliance with
existing State laws and administered under State water priority
allocation. Such leases may be entered into with an option to purchase:
Provided, That such purchase is approved by the State in which the
purchase takes place and the purchase does not cause economic harm
within the State in which the purchase is made.
Sec. 208. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, acting through the Commissioner of the Bureau
of Reclamation, may not obligate funds appropriated for the current
fiscal year or any prior Energy and Water Development Appropriations
Act, or funds otherwise made available to the Commissioner of the Bureau
of Reclamation, and may not use discretion, if any, to restrict, reduce
or reallocate any water stored in Heron Reservoir or delivered pursuant
to San Juan-Chama Project contracts, including execution of said
contracts facilitated by the Middle Rio Grande Project, to meet the
requirements of the Endangered Species Act, unless such water is
acquired or otherwise made available from a willing seller or lessor and
the use is in compliance with the laws of the State of New Mexico,
including but not limited to, permitting requirements.
(b) Complying with the reasonable and prudent alternatives and the
incidental take limits defined in the Biological Opinion
[[Page 117 STAT. 1850]]
released by the United States Fish and Wildlife Service dated March 17,
2003 combined with efforts carried out pursuant to Public Law 106-377,
Public Law 107-66, and Public Law 108-7 fully meet all requirements of
the Endangered Species Act (16 U.S.C. 1531 et seq.) for the conservation
of the Rio Grande Silvery Minnow (Hybognathus amarus) and the
Southwestern Willow Flycatcher (Empidonax trailii extimus) on the Middle
Rio Grande in New Mexico.
(c) <<NOTE: Applicability.>> This section applies only to those
Federal agency and non-Federal actions addressed in the March 17, 2003
Biological Opinion.
(d) <<NOTE: Termination date.>> Subsection (b) will remain in effect
for 2 years following the implementation of this Act.
Sec. <<NOTE: Establishment.>> 209. Endangered Species Collaborative
Program. (a) Using funds previously appropriated, the Secretary of the
Interior, acting through the Commissioner of the Bureau of Reclamation
and the Director of the Fish and Wildlife Service, for purposes of
improving the efficiency and expediting the efforts of the Endangered
Species Act Collaborative Program Workgroup, is directed to establish an
executive committee of seven members consisting of--
(1) one member from the Bureau of Reclamation;
(2) one member from the Fish and Wildlife Service; and
(3) one member at large representing each of the following
seven entities (selected at the discretion of the entity in
consultation with the Bureau of Reclamation and the Fish and
Wildlife Service) currently participating as signatories to the
existing Memorandum of Understanding:
(A) other Federal agencies;
(B) State agencies;
(C) municipalities;
(D) universities and environmental groups;
(E) agricultural communities;
(F) Middle Rio Grande Pueblos (Sandia, Isleta, San
Felipe, Cochiti, Santa Ana, and Santo Domingo); and
(G) Middle Rio Grande Conservancy District.
(b) <<NOTE: Deadline.>> Formation of this Committee shall not occur
later than 45 days after enactment of this Act.
(c) Fiscal year 2004 appropriations shall not be obligated or
expended prior to approval of a detailed spending plan by the House and
Senate Committees on Appropriations.
(d) <<NOTE: Effective date.>> The above section shall come into
effect within 180 days of enactment of this Act, unless the Bureau of
Reclamation, in consultation with the above listed parties, has provided
an alternative workgroup structure which has been approved by the House
and Senate Committees on Appropriations.
Sec. 210. Tularosa Basin National Desalination Research Facility.
(a) Desalination Demonstration and Development.--Pursuant to section
4(a) of Public Law 104-298; 110 Stat. 3622 (October 11, 1996), the
Secretary may hereafter conduct or contract for the design,
construction, testing and operation of the Tularosa Basin National
Desalination Research Facility.
(b) The Tularosa Basin National Desalination Research Facility is
hereafter exempt from all provisions of section 7 of Public Law 104-298;
110 Stat. 3622 (October 11, 1996). The Federal share of the cost of the
Tularosa Basin National Desalination Research Facility may be up to 100
percent, including the cost of design, construction, operation,
maintenance, repair and rehabilitation.
[[Page 117 STAT. 1851]]
Sec. 211. The Secretary of the Interior, in carrying out CALFED-
related activities, may undertake feasibility studies for Sites
Reservoir, Los Vaqueros Reservoir Enlargement, and Upper San Joaquin
Storage projects, hereafter. These storage studies should be pursued
along with ongoing environmental and other projects in a balanced
manner.
Sec. 212. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, is authorized to enter into
grants, cooperative agreements, and other agreements with irrigation or
water districts to fund up to 50 percent of the cost of planning,
designing, and constructing improvements that will conserve water,
increase water use efficiency, or enhance water management through
measurement or automation, at existing water supply projects within the
states identified in the Act of June 17, 1902, as amended, and
supplemented: Provided, That when such improvements are to federally
owned facilities, such funds may be provided in advance on a non-
reimbursable basis to an entity operating affected transferred works or
may be deemed non-reimbursable for non-transferred works: Provided
further, That the calculation of the non-Federal contribution shall
provide for consideration of the value of any in-kind contributions, but
shall not include funds received from other Federal agencies: Provided
further, That the cost of operating and maintaining such improvements
shall be the responsibility of the non-Federal entity: Provided further,
That this section shall not supercede any existing project-specific
funding authority. The Secretary is also authorized to enter into grants
or cooperative agreements with universities or non-profit research
institutions to fund water use efficiency research.
Sec. 213. Hawaii Water Resources Study. The Hawaii Water Resources
Act of 2000 (Public Law 106-566; 114 Stat. 2818) is amended--
(1) in <<NOTE: 114 Stat. 2818.>> section 103--
(A) in subsection (b)(1), by striking ``Not'' and
all that follows through ``the Secretary'' and inserting
``The Secretary'' and
(B) in subsection (e), by striking ``$300,000'' and
all that follows and inserting ``$2,000,000 for the
Federal share of the activities authorized under this
section''; and
(2) <<NOTE: 114 Stat. 2819.>> in section 104(b), by striking
``cost-effective,'' and all that follows and inserting ``cost-
effective.''.
Sec. 214. <<NOTE: Expiration date.>> Notwithstanding the provisions
of title IV of Public Law 102-575 (106 Stat. 4648), the contributions of
the Western Area Power Administration to the Utah Reclamation Mitigation
and Conservation Account shall expire 10 fiscal years from the date of
enactment of this Act. Such contributions shall be from an account
established by the Western Area Power Administration for this purpose
and such contributions shall be made available to the Utah Reclamation
Mitigation and Conservation Account subject to appropriations. After 10
fiscal years from the date of enactment of this Act, the Utah
Reclamation Mitigation and Conservation Commission is hereby authorized
to utilize interest earned and accrued to the Utah Reclamation
Mitigation and Conservation Account.
Sec. 215. Tualatin River Basin, Oregon. (a) Authorization To
Conduct Feasibility Study.--The Secretary of the Interior may conduct a
Tualatin River Basin water supply feasibility study--
[[Page 117 STAT. 1852]]
(1) to identify ways to meet future water supply needs for
agricultural, municipal, and industrial uses;
(2) to identify water conservation and water storage
measures;
(3) to identify measures that would--
(A) improve water quality; and
(B) enable environmental and species protection; and
(4) as appropriate, to evaluate integrated water resource
management and supply needs in the Tualatin River Basin, Oregon.
(b) Federal Share.--The Federal share of the cost of the study
conducted under subsection (a)--
(1) shall not exceed 50 percent; and
(2) shall be nonreimbursable and nonreturnable.
(c) Activities.--No activity carried out under this section shall be
considered a supplemental or additional benefit under Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.)).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,900,000, to remain available
until expended.
Sec. 216. Facilitation of Indian Water Rights in Arizona. In order
to facilitate Indian water rights settlements in the State of Arizona,
the Secretary may:
(1) Extend, on an annual basis, the repayment schedule of
debt incurred under section 9(d) of the Act of August 4, 1939
(43 U.S.C 485h(d)) by irrigation districts who have contracts
for water delivery from the Central Arizona Project.
(2) If requested by either the Gila River Indian Community
or the San Carlos Apache Tribe, utilize appropriated funds
transferred into the Lower Colorado River Basin Development Fund
for construction of Indian Distribution systems to assist in the
partial funding of costs associated with the on-reservation
delivery of CAP water to these Indian tribes as set forth in the
Bureau of Reclamation's FY 2004 Budget Justifications, PF-2B
Schedules for construction of the Central Arizona Project. These
funds shall be non-reimbursable Operation and Maintenance funds
and shall not exceed amounts projected for construction by these
Indian tribes as set forth in the Bureau of Reclamation's PF-2B
Schedules that support the FY 2004 Budget Justifications for the
Central Arizona Project.
Sec. 217. Restoration <<NOTE: Nevada.>> of Fish and Wildlife
Habitat, Provision of Bottled Water for Fallon Schoolchildren, and
Associated Provisions. (a) In General.--In carrying out section 2507 of
Public Law 107-171, title II, subtitle F, the Secretary of Interior,
acting through the Commissioner of Reclamation, shall--
(1) Notwithstanding section 2507 (b) of Public Law 107-171,
title II, subtitle F, and in accordance with Public Law 101-618,
provide $2,500,000 to the State of Nevada to purchase water
rights from willing sellers and make necessary improvements to
benefit Carson Lake and Pasture: Provided, That such funds shall
only be provided by the Bureau of Reclamation when the title to
Carson Lake and Pasture is conveyed to the State of Nevada.
(2) As soon as practicable after enactment, provide $133,000
to Families in Search of the Truth, Fallon, Nevada, for the
[[Page 117 STAT. 1853]]
purchase of bottled water and costs associated with providing
such water to schoolchildren in Fallon-area schools.
(3) In consultation with the Pershing County Water
Conservation District, the Commissioner shall expend $270,000
for the State of Nevada's costs associated with the National
Environmental Policy Act review of the Humboldt Title Transfer:
Provided, That notwithstanding Public Law 107-282, section
804(d)-(f), the State of Nevada shall pay any other costs
assigned to the State as an entity receiving title in Public Law
107-282, section 804(b)-(e) or due to any reconveyance under
Public Law 107-282, section 804(f), including any such National
Environmental Policy Act costs that exceed the $270,000 expended
by the Commissioner under this subparagraph.
(4) Provide $1,000,000 to the University of Nevada, Reno's
Biodiversity initiative for public education and associated
technical assistance and outreach concerning the issues
affecting the restoration of Walker Lake.
(b) Administration.--The Secretary of the Interior, acting through
the Commissioner of Reclamation, may provide financial assistance to
State and local public agencies, Indian tribes, nonprofit organizations,
and individuals to carry out this section and section 2507 of Public Law
107-171.
Sec. 218. <<NOTE: Contracts.>> The Secretary of the Interior shall
extend the term of the Sacramento River Settlement Contracts, long- and
short-form, entered into by the United States with various districts and
individuals, section 14 of the Reclamation Project Act of 1939 (53 Stat.
1197), for a period of 2 additional years after the date on which each
of the contracts, respectively, would expire but for this section, or
until renewal contracts are executed, whichever occurs earlier.
Sec. 219. (a) Section 1(b) of Public Law 105-295 (112 Stat. 2820) is
amended by striking the second sentence and inserting the following:
``The Federal share of the costs of constructing the temperature control
device and associated temperature monitoring facilities shall be 50
percent and shall be nonreimbursable. The temperature control device and
associated temperature monitoring facilities shall be operated by the
non-Federal facility owner at its expense in coordination with the
Central Valley Project for the benefit and propagation of Chinook salmon
and steelhead trout in the American River, California.''.
(b) Section 1(c) of Public Law 105-295 (112 Stat. 2820) is amended
by striking ``$1,000,000'' and inserting ``$3,500,000''.
Sec. 220. Not subject to fiscal year limitation, the Secretary of
the Interior is hereafter authorized to implement, and enter into
financial assistance or other agreements as may be necessary to
undertake such activities identified for implementation (including
construction) generally in accordance with section III of, and the
Pumping/Dam Removal Plan as defined in, United States District Court
Consent Decree ``United States, et al., v. Grants Pass Irrigation
District, Civil No. 98-3034-HO'' (August 27, 2001). There are authorized
to be appropriated such sums as may be necessary to carry out this
provision, and activities conducted under this provision shall be
nonreimbursable and nonreturnable.
Sec. 221. Extension of Certain Irrigation Project Contracts. Section
2 of the Irrigation Project Contract Extension Act of 1998 (112 Stat.
2816, 114 Stat. 1441, 1441A-70) is amended--
[[Page 117 STAT. 1854]]
(1) in subsection (a), by striking ``December 31, 2003'' and
inserting ``December 31, 2005''; and
(2) in subsection (b)--
(A) in the first sentence, by striking ``beyond
December 31, 2003'' and inserting ``beyond December 31,
2005''; and
(B) in the second sentence, by striking ``prior to
December 31, 2003'' and inserting ``before December 31,
2005''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy supply activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed 12 passenger motor vehicles
for replacement only, including two buses; $737,537,000, to remain
available until expended.
Non-Defense Site Acceleration Completion
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental management site
acceleration activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion, $163,375,000,
to remain available until expended.
Non-Defense Environmental Services
For Department of Energy expenses necessary for non-defense
environmental services activities conducted as a result of nuclear
energy research and development activities that indirectly support the
accelerated cleanup and closure mission at environmental management
sites, as well as new work scope transferred to the Environmental
Management program, including the purchase, construction, and
acquisition of plant and capital equipment and other necessary expenses,
$339,468,000, to remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954 and title X,
subtitle A, of the Energy Policy Act of 1992, $416,484,000, to be
derived from the Fund, to remain available
[[Page 117 STAT. 1855]]
until expended, of which $51,000,000 shall be available in accordance
with title X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 15 passenger motor vehicles for
replacement only, including not to exceed one ambulance, $3,451,700,000,
to remain available until expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $190,000,000, to remain
available until expended and to be derived from the Nuclear Waste Fund:
Provided, That none of the funds provided herein may be used for
international travel.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses (not to exceed $35,000), $216,533,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511 et seq.): Provided, That such increases in cost of work are
offset by revenue increases of the same or greater amount, to remain
available until expended: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total $123,000,000 in
fiscal year 2004 may be retained and used for operating expenses within
this account, and may remain available until expended, as authorized by
section 201 of Public Law 95-238, notwithstanding the provisions of 31
U.S.C. 3302: Provided further, That the sum herein appropriated shall be
reduced by the amount of miscellaneous revenues received during fiscal
year 2004, and any related unappropriated receipt account balances
remaining from prior years' miscellaneous revenues, so as to result in a
final fiscal year 2004 appropriation from the general fund estimated at
not more than $93,533,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $39,462,000, to remain available until expended.
[[Page 117 STAT. 1856]]
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; one fixed wing
aircraft for replacement only; and the purchase of not to exceed six
passenger motor vehicles, of which four shall be for replacement only,
including not to exceed two buses; $6,272,511,000, to remain available
until expended: Provided, That $87,000,000 is authorized to be
appropriated for Project 01-D-108, Microsystems and engineering sciences
applications (MESA), Sandia National Laboratories, Albuquerque, New
Mexico: Provided further, That $3,564,000 is authorized to be
appropriated for Project 04-D-103, Project engineering and design (PED),
various locations: Provided further, That a plant or construction
project for which amounts are made available under this heading in this
fiscal year with a current estimated cost of less than $10,000,000 is
considered for purposes of section 3622 of Public Law 107-314 as a plant
project for which the approved total estimated cost does not exceed the
minor construction threshold and for purposes of section 3623 of Public
Law 107-314 as a construction project with a current estimated cost of
less than the minor construction threshold.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense, defense nuclear
nonproliferation activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,327,612,000, to remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, and the purchase
of not to exceed one bus; $766,400,000, to remain available until
expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official
[[Page 117 STAT. 1857]]
reception and representation expenses (not to exceed $12,000),
$339,980,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Site Acceleration Completion
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense site acceleration
completion activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion;
$5,651,062,000, to remain available until expended: Provided, That the
Secretary of Energy is directed to use $1,000,000 of the funds provided
for regulatory and technical assistance to the State of New Mexico, to
amend the existing WIPP Hazardous Waste Permit to comply with the
provisions of section 310 of this Act.
Defense Environmental Services
For Department of Energy expenses necessary for defense-related
environmental services activities that indirectly support the
accelerated cleanup and closure mission at environmental management
sites, including the purchase, construction, and acquisition of plant
and capital equipment and other necessary expenses, and the purchase of
not to exceed one ambulance for replacement only, $991,144,000, to
remain available until expended.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense, other defense activities,
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $674,491,000, to remain
available until expended.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $390,000,000, to remain
available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed $1,500.
During fiscal year 2004, no new direct loan obligations may be made.
[[Page 117 STAT. 1858]]
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to the
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C.
825s), as applied to the southeastern power area, $5,100,000, to remain
available until expended; in addition, notwithstanding the provisions of
31 U.S.C. 3302, up to $19,000,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act to recover purchase
power and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for the sole
purpose of making purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $28,600,000, to remain available until expended: Provided,
That, notwithstanding the provisions of 31 U.S.C. 3302, up to $1,512,000
collected by the Southwestern Power Administration pursuant to the Flood
Control Act to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power and
wheeling expenditures; <<NOTE: 16 USC 825s-4.>> in addition,
notwithstanding 31 U.S.C. 3302, beginning in fiscal year 2004 and
thereafter, such funds as are received by the Southwestern Power
Administration from any State, municipality, corporation, association,
firm, district, or individual as advance payment for work that is
associated with Southwestern's transmission facilities, consistent with
that authorized in section 5 of the Flood Control Act, shall be credited
to this account and be available until expended.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500, $177,950,000, to remain
available until expended, of which $167,236,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $6,200,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That notwithstanding the provision of 31 U.S.C. 3302,
[[Page 117 STAT. 1859]]
up to $162,108,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power and
wheeling expenditures: Provided further, That the $750,000 that is made
available under this heading for a transmission study on the placement
of 500 megawatt wind energy in North Dakota and South Dakota may be
nonreimbursable: Provided further, That, in accordance with section 203
of the Colorado River Basin Salinity Control Act (43 U.S.C. 1593),
electrical power supply and delivery assistance may be provided to the
local distribution utility as required to maintain proper voltage levels
at the Big Sandy River Diffuse Source Control Unit.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,640,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official reception and
representation expenses (not to exceed $3,000), $204,400,000, to remain
available until expended: Provided, That notwithstanding any <<NOTE: 42
USC 7171 note.>> other provision of law, not to exceed $204,400,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2004 shall be retained and used for necessary
expenses in this account, and shall remain available until expended:
Provided further, That the sum herein appropriated from the general fund
shall be reduced as revenues are received during fiscal year 2004 so as
to result in a final fiscal year 2004 appropriation from the general
fund estimated at not more than $0.
Defense Environmental Management Privatization
Of the funds appropriated in prior Energy and Water Development
Appropriation Acts, $15,329,000 of unexpended balances of prior
appropriations are rescinded: Provided, That $13,329,000 shall be
derived from the Paducah Disposal Facility Privatization (OR-574) and
$2,000,000 shall be derived from the Portsmouth Disposal Facility
Privatization (OR-674).
[[Page 117 STAT. 1860]]
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. (a)(1) <<NOTE: Contracts. Deadline. Notification.>> None
of the funds in this or any other appropriations Act for fiscal year
2004 or any previous fiscal year may be used to make payments for a
noncompetitive management and operating contract unless the Secretary of
Energy, not later than 60 days after the date of the enactment of this
Act, publishes in the Federal Register and submits to the Committees on
Appropriations of the House of Representatives and the Senate a written
notification, with respect to each such contract, of the Secretary's
decision to use competitive procedures for the award of the contract, or
to not renew the contract, when the term of the contract expires.
(2) Notwithstanding paragraph (1), the Secretary of Energy may use
appropriated funds to maintain operations of noncompetitive management
and operating contracts as necessary during the 60-day period beginning
on the date of the enactment of this Act.
(3) Paragraph (1) does not apply to an extension for up to 2 years
of a noncompetitive management and operating contract, if the extension
is for purposes of allowing time to award competitively a new contract,
to provide continuity of service between contracts, or to complete a
contract that will not be renewed.
(b) In this section:
(1) The term ``noncompetitive management and operating
contract'' means a contract that was awarded more than 50 years
ago without competition for the management and operation of Ames
Laboratory, Argonne National Laboratory, Lawrence Berkeley
National Laboratory, Lawrence Livermore National Laboratory, and
Los Alamos National Laboratory.
(2) The term ``competitive procedures'' has the meaning
provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described in
section 303 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253) other than a procedure that solicits
a proposal from only one source.
Sec. 302. None of the funds appropriated by this Act may be used
to--
(1) develop or implement a workforce restructuring plan that
covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy, under section 3161 of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be used to
augment the $13,400,000 made available for obligation by this Act for
severance payments and other benefits and community assistance grants
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department of
Energy submits a reprogramming request subject to approval by the
appropriate congressional committees.
Sec. 304. None of the funds appropriated by this Act may be used to
prepare or initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.
[[Page 117 STAT. 1861]]
Sec. 305. The unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this title. Balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 306. None of the funds in this or any other Act for the
Administrator of the Bonneville Power Administration may be used to
enter into any agreement to perform energy efficiency services outside
the legally defined Bonneville service territory, with the exception of
services provided internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in advance that
such services are not available from private sector businesses.
Sec. 307. When the Department of Energy makes a user facility
available to universities and other potential users, or seeks input from
universities and other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users. When the Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department shall
employ full and open competition in selecting such a partner. For
purposes of this section, the term ``user facility'' includes, but is
not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National
Nuclear Security Administration Defense Programs Technology Deployment
Center/User Facility; and (3) any other Departmental facility designated
by the Department as a user facility.
Sec. 308. <<NOTE: 50 USC 2812 note.>> The Administrator of the
National Nuclear Security Administration may authorize the manager of a
covered nuclear weapons research, development, testing or production
facility to engage in research, development, and demonstration
activities with respect to the engineering and manufacturing
capabilities at such facility in order to maintain and enhance such
capabilities at such facility: Provided, That of the amount allocated to
a covered nuclear weapons facility each fiscal year from amounts
available to the Department of Energy for such fiscal year for national
security programs, not more than an amount equal to 2 percent of such
amount may be used for these activities: Provided further, That for
purposes of this section, the term ``covered nuclear weapons facility''
means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas;
(4) the Savannah River Plant, South Carolina; and
(5) the Nevada Test Site.
Sec. 309. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2004 until the enactment of the Intelligence
Authorization Act for fiscal year 2004.
[[Page 117 STAT. 1862]]
Sec. 310. None of the funds in this Act may be used to dispose of
transuranic waste in the Waste Isolation Pilot Plant which contains
concentrations of plutonium in excess of 20 percent by weight for the
aggregate of any material category on the date of enactment of this Act,
or is generated after such date. For the purposes of this section, the
material categories of transuranic waste at the Rocky Flats
Environmental Technology Site include: (1) ash residues; (2) salt
residues; (3) wet residues; (4) direct repackage residues; and (5) scrub
alloy as referenced in the ``Final Environmental Impact Statement on
Management of Certain Plutonium Residues and Scrub Alloy Stored at the
Rocky Flats Environmental Technology Site''.
Sec. 311. (a) The Secretary of Energy is directed to file a permit
modification to the Waste Analysis Plan (WAP) and associated provisions
contained in the Hazardous Waste Facility Permit for the Waste Isolation
Pilot Plant (WIPP). For purposes of determining compliance of the
modifications to the WAP with the hazardous waste analysis requirements
of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), or other
applicable laws waste confirmation for all waste received for storage
and disposal shall be limited to: (1) confirmation that the waste
contains no ignitable, corrosive, or reactive waste through the use of
either radiography or visual examination of a statistically
representative subpopulation of the waste; and (2) review of the Waste
Stream Profile Form to verify that the waste contains no ignitable,
corrosive, or reactive waste and that assigned Environmental Protection
Agency hazardous waste numbers are allowed for storage and disposal by
the WIPP Hazardous Waste Facility Permit.
(b) Compliance with the disposal room performance standards of the
WAP shall be demonstrated exclusively by monitoring airborne volatile
organic compounds in underground disposal rooms in which waste has been
emplaced until panel closure.
Sec. 312. Notwithstanding any other provision of law, the material
in the concrete silos at the Fernald uranium processing facility
currently managed by the Department of Energy and the ore processing
residual materials in the Niagara Falls Storage Site subsurface waste
containment structure managed by the United States Army Corps of
Engineers under the Formerly Utilized Sites Remedial Action Program
shall be considered ``byproduct material'' as defined by section 11e.(2)
of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014(e)(2)). The
Nuclear Regulatory Commission or an Agreement State, as appropriate,
shall regulate the material as ``11e.(2) by-product material'' for the
purpose of disposition of the material in an NRC-regulated or Agreement
State-regulated facility.
Sec. 313. <<NOTE: Deadline. Reports.>> No funds appropriated or
otherwise made available under this title under the heading ``ATOMIC
ENERGY DEFENSE ACTIVITIES'' may be obligated or expended for additional
and exploratory studies under the Advanced Concepts Initiative until 30
days after the date on which the Administrator for Nuclear Security
submits to Congress a detailed report on the planned activities for
additional and exploratory studies under the initiative for fiscal year
2004. The report shall be submitted in unclassified form, but may
include a classified annex.
Sec. 314. Martin's Cove Lease. (a) Definitions.--In this section:
[[Page 117 STAT. 1863]]
(1) Bureau of Land Management.--The term ``Bureau of Land
Management'', hereafter referred to as the ``BLM'', means an
agency of the Department of the Interior.
(2) Corporation.--The term ``Corporation'' means the
Corporation of the Presiding Bishop of The Church of Jesus
Christ of Latter-day Saints, located at 50 East North Temple
Street, Salt Lake City, Utah.
(3) Martin's Cove.--The term ``Martin's Cove'' means the
area, consisting of approximately 940 acres of public lands in
Natrona County, Wyoming as depicted on the Martin's Cove map
numbered MC-001.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Lease.--
(1) In general.--Not <<NOTE: Deadline.>> later than 120 days
after the date of enactment of this Act, the Secretary shall
enter into an agreement with the Corporation to lease, for a
term of 25 years, approximately 940 acres of Federal land
depicted on the Martin's Cove map MC-001. The Corporation shall
retain the right of ingress and egress in, from and to any part
of the leasehold for its use and management as an important
historical site.
(2) Terms and conditions.--
(A) Survey.--As a condition of the agreement under
paragraph (1), the Corporation shall provide a boundary
survey to the Secretary, acceptable to the Corporation
and the Secretary, of the parcels of land to be leased
under paragraph (1).
(B) Access.--
(i) In general.--The Secretary and the
Corporation shall enter into a lease covenant,
binding on any successor or assignee that ensures
that, consistent with the historic purposes of the
site, public access will be provided across
private land owned by the Corporation to Martin's
Cove and Devil's Gate. Access shall--
(I) ensure public visitation for
historic, educational and scenic
purposes through private lands owned by
the Corporation to Martin's Cove and
Devil's Gate;
(II) provide for public education,
ecologic and preservation at the
Martin's Cove site;
(III) be provided to the public
without charge; and
(IV) permit the Corporation, in
consultation with the BLM, to regulate
entry as may be required to protect the
environmental and historic values of the
resource at Martin's Cove or at such
times as necessitated by weather
conditions, matters of public safety and
nighttime hours.
(C) Improvements.--The Corporation may, upon
approval of the BLM, improve the leasehold as may become
necessary from time to time in order to accommodate
visitors to the leasehold.
(D) Archaeological preservation.--The Corporation
shall have the obligation to protect and maintain any
historical or archaeological artifacts discovered or
otherwise identified at Martin's Cove.
[[Page 117 STAT. 1864]]
(E) Visitation guidelines.--The Corporation may
establish, in consultation with the BLM, visitation
guidelines with respect to such issues as firearms,
alcoholic beverages, and controlled substances and
conduct consistent with the historic nature of the
resource, and to protect public health and safety.
(F) No abridgement.--The lease shall not be subject
to abridgement, modification, termination, or other
taking in the event any surrounding area is subsequently
designated as a wilderness or other protected areas. The
lease shall contain a provision limiting the ability of
the Secretary from administratively placing Martin's
Cove in a restricted land management status such as a
Wilderness Study Area.
(G) Right of first refusal.--The Corporation shall
be granted a right of first refusal to lease or
otherwise manage Martin's Cove in the event the
Secretary proposes to lease or transfer control or title
of the land to another party.
(H) Fair market value lease payments.--The
Corporation shall make lease payments which reflect the
fair market rental value of the public lands to be
leased, provided however, such lease payments shall be
offset by value of the public easements granted by the
Corporation to the Secretary across private lands owned
by the Corporation for access to Martin's Cove and
Devil's Gate.
(I) Renewal.--The Secretary may offer to renew such
lease on terms which are mutually acceptable to the
parties.
(c) Mineral Withdrawal.--The Secretary shall retain the subsurface
mineral estate under the 940 acres under the leasehold. The 940 acres
described in subsection (a)(3) are hereby withdrawn from mining location
and from all forms of entry, appropriation, and disposal under the
public land laws.
(d) No Precedent Set.--This Act does not set a precedent for the
terms and conditions of leases between or among private entities and the
United States.
(e) Valid and Existing Rights.--The Lease provided for under this
section shall be subject to valid existing rights with respect to any
lease, right-of-way, permit, or other valid existing rights to which the
property is subject.
(f) Availability of Map.--The Secretary shall keep the map
identified in this section on file and available for public inspection
in the Casper District Office of the BLM in Wyoming and the State Office
of the BLM, Cheyenne, Wyoming.
(g) NEPA Compliance.--The Secretary shall comply with the provisions
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) in carrying out this section.
Sec. 315. Reinstatement and Transfer of the Federal License for
Project No. 2696. (a) Definitions.--
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Town.--The term ``town'' means the town of Stuyvesant,
New York, the holder of Federal Energy Regulatory Commission
Preliminary Permit No. 11787.
(b) Reinstatement <<NOTE: Deadline.>> and Transfer.--Notwithstanding
section 8 of the Federal Power Act (16 U.S.C. 801) or any other
provision
[[Page 117 STAT. 1865]]
of that Act, the Commission shall, not later than 30 days after the date
of enactment of this Act--
(1) reinstate the license for Project No. 2696; and
(2) transfer the license to the town.
(c) Hydroelectric Incentives.--Project No. 2696 shall be entitled to
the full benefit of any Federal law that--
(1) promotes hydroelectric development; and
(2) that is enacted within 2 years before or after the date
of enactment of this Act.
(d) Co-Licensee.--Notwithstanding the issuance of a preliminary
permit to the town and any consideration of municipal preference, the
town may at any time add as a co-licensee to the reinstated license a
private or public entity.
(e) Project Financing.--The town may receive loans under sections
402 and 403 of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2702, 2703) or similar programs for the reimbursement of the
costs of any feasibility studies and project costs incurred during the
period beginning on January 1, 2001 and ending on December 31, 2006.
(f) Energy Credits.--Any power produced by the project shall be
deemed to be incremental hydropower for purposes of qualifying for
energy credits or similar benefits.
Sec. 316. Of the funds made available in this Act for Defense
Environmental Services, $1,000,000 shall be provided to the State of
Nevada solely for expenditures, other than salaries and expenses of
State employees, to conduct scientific oversight responsibilities and
participate in licensing activities pursuant to the Nuclear Waste Policy
Act of 1982, Public Law 97-425, as amended: Provided, That $4,000,000
shall be provided to affected units of local governments, as defined in
Public Law 97-425, to conduct appropriate activities pursuant to the
Act: Provided further, That the distribution of the funds as determined
by the units of local government shall be approved by the Department of
Energy: Provided further, That the funds for the State of Nevada shall
be made available solely to the Nevada Division of Emergency Management
by direct payment and units of local government by direct payment:
Provided further, That <<NOTE: Deadline. Nevada. Certification.>> within
90 days of the completion of each Federal fiscal year, the Nevada
Division of Emergency Management and the Governor of the State of Nevada
and each local entity shall provide certification to the Department of
Energy that all funds expended from such payments have been expended for
activities authorized by Public Law 97-425 and this Act. Failure to
provide such certification shall cause such entity to be prohibited from
any further funding provided for similar activities: Provided further,
That none of the funds herein appropriated may be: (1) used directly or
indirectly to influence legislative action on any matter pending before
Congress or a State legislature or for lobbying activity as provided in
18 U.S.C. 1913; (2) used for litigation expenses; or (3) used to support
multi-State efforts or other coalition building activities inconsistent
with the restrictions contained in this Act: Provided further, That all
proceeds and recoveries realized by the Secretary in carrying out
activities authorized by the Nuclear Waste Policy Act of 1982, Public
Law 97-425, as amended, including but not limited to, any proceeds from
the sale of assets, shall be available without further appropriation and
shall remain available until expended.
[[Page 117 STAT. 1866]]
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, for necessary
expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$66,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $19,559,000, to
remain available until expended.
Delta Regional Authority
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and
382M(b) of said Act, $5,000,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as necessary
and other expenses, $55,000,000, to remain available until expended:
Provided, That $5,500,000 shall not be available until the Denali
Commission submits to the House and Senate Committees on Appropriations
a detailed budget justification for fiscal year 2005.
Nuclear Regulatory Commission
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official representation
expenses (not to exceed $15,000), and purchase of promotional items for
use in the recruitment of individuals for employment, $618,800,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $33,100,000 shall be derived from the Nuclear Waste
Fund: Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $538,844,000
in fiscal year 2004 shall be retained and used for necessary salaries
and expenses in this
[[Page 117 STAT. 1867]]
account, notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That the sum herein appropriated shall
be reduced by the amount of revenues received during fiscal year 2004 so
as to result in a final fiscal year 2004 appropriation estimated at not
more than $79,956,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $7,300,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $6,716,000 in fiscal year 2004 shall be
retained and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2004 so as to result in a final
fiscal year 2004 appropriation estimated at not more than $584,000.
Nuclear Waste Technical Review Board
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,177,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 502. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
[[Page 117 STAT. 1868]]
Sec. 503. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 504. Clarification of Indemnification To Promote Economic
Development. (a) Subsection (b)(2) of section 3158 of the National
Defense Authorization Act for Fiscal Year 1998 (42 U.S.C.
7274q(b)(2)) <<NOTE: 50 USC 2811.>> is amended by adding the following
after subparagraph (C):
``(D) Any successor, assignee, transferee, lender,
or lessee of a person or entity described in
subparagraphs (A) through (C).''.
(b) <<NOTE: Effective date. 50 USC 2811 note.>> The amendment made
by section 506, as amended by this section, is effective as of the date
of enactment of the National Defense Authorization Act for Fiscal Year
1998.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2004''.
Approved December 1, 2003.
LEGISLATIVE HISTORY--H.R. 2754 (S. 1424):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 108-212 (Comm. on Appropriations) and 108-357 (Comm.
of Conference).
SENATE REPORTS: No. 108-105 accompanying S. 1424 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 18, considered and passed House.
Sept. 11, 15, 16, considered and passed Senate, amended, in
lieu of S. 1424.
Sept. 17, further amended in Senate.
Nov. 18, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Dec. 1, Presidential statement.
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