17741ae3ec0e7bd52a13ccbfb0f99234ccaba2dbb8112620a15396580cb3d9ac

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.

a282e84fe2d30f9f14b18ce738cadb469fa8041183e9e3cb42c643812f27adec

may be used by the United States Army Corps of Engineers to support
activities related to the proposed Ridge Landfill in Tuscarawas County,
Ohio.

e986b2e17d28953c1a2d7e44a4d1b26f865fbc3ed668227c4aaf40f108ac5ac7

Act, shall be used to demonstrate or implement any plans divesting or
transferring of any Civil Works missions, functions, or
responsibilities for the United States Army Corps of Engineers to other
government agencies without specific direction in a subsequent Act of
Congress.

2b8007ca88c49b66a2df04c7c95b7a9350686df4afac764aee31427226795920

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.

c7f4e5d89149e31e9bc02982e4f41e1ceaf67f94a144b7d68dbe7ae55cea776a

at Alamogordo, New Mexico, authorized by the Flood Control Act of 1962
(Public Law 87-874), is modified to authorize and direct the Secretary
to construct a flood detention basin to protect the north side of the
City of Alamogordo, New Mexico, from flooding. The flood detention
basin shall be constructed to provide protection from a 100-year flood
event. The project cost share for the flood detention basin shall be
consistent with section 103(a) of the Water Resources Development Act
of 1986, notwithstanding section 202(a) of the Water Resources
Development Act of 1996.
naming of lock and dam 3, allegheny river, pennsylvania

5bca466a28fd1d3008bebf7ba14b032addb6d1cd04fde98607883d5cd263986f

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''.

b82eca0af6b0a48df88e6c33d4f36ff940414fb8a73d76f7a180bf5ea2e5840b

contracts in carrying out the studying, planning, or designing of a
water resources project prior to the authorization of the project for
construction.

e28db0f250b114dfd94bad1ab917a4c9f3bead3d28230ba5e818003554053773

bollards and associated debris in Burlington Harbor, Vermont.

e3f7236f7a6c39d0c04c256610c672b23a36723b9c59671359cd9633488e06bd

Section 105, Public Law 106-377, is amended by striking ``$7,000,000''
and inserting ``$11,000,000 at full Federal expense''.

8cc7d985f533cd121e94bebe0fe932de02fba78fb9f1a6bb5986160f7ca88ce4

Rhode Island. (a) In General.--The portions of the project for
navigation, Pawtuxet Cove, Rhode Island, authorized by section 101 of
the River and Harbor Act of 1962 (76 Stat. 1173) and described in
subsection (b) shall no longer be authorized after the date of
enactment of this Act.
(b) Descriptions.--The portions of the project referred to in
subsection (a) are the following:
(1) Beginning at a point along the western edge of the 6-foot
channel just south of the 6-foot turning basin: N247,856.00,
E530,338.00, thence running north 51 degrees 44 minutes 12.5
seconds west 214.77 feet to a point N247,989.00, E530,169.37,
thence running north 13 degrees 14 minutes 48.8 seconds west 149.99
feet to a point N248,135.00, E530,135.00, thence running north 44
degrees 11 minutes 7.4 seconds east 137.77 feet to a point
N248,233.79, E530,231.02, thence running north 3 degrees 58 minutes
18.8 seconds west 300.00 feet to a point N248,533.07, E530,210.24
thence running north 86 degrees 1 minute 34.3 seconds east 35.00
feet to a point N248,535.50, E530,245.16, thence running south 3
degrees 58 minutes 21.0 seconds east 342.49 feet to a point
N248,193.83, E530,268.88, thence running south 44 degrees 11
minutes 7.4 seconds west 135.04 feet to a point N248,097.00,
E530,174.77, thence running south 13 degrees 14 minutes 48.8
seconds east 85.38 feet to a point N248,013.89, E530,194.33, thence
running south 51 degrees 44 minutes 12.5 seconds east 166.56 feet
to a point N247,910.74, E530,325.11 thence running south 13 degrees
14 minutes 49.2 seconds east 56.24 feet to the point of origin.
(2) Beginning at a point along the eastern edge of the 6-foot
channel opposite the 6-foot turning basin: N248,180.00,
E530,335.00, thence running south 32 degrees 12 minutes 35.3
seconds east 88.25 feet to a point N248,105.33, E530,382.04, thence
running south 13 degrees 14 minutes 49.2 seconds east 138.48 feet
to a point N247,970.53, E530,413.77, thence running north 32
degrees 12 minutes 35.3 seconds west 135.42 feet to a point
N248,085.12, E530,341.59, thence running north 3 degrees 58 minutes
21.0 seconds west 95.11 feet to the point of origin.
(3) Beginning at a point along the eastern edge of the channel
adjacent to the 6-foot entrance channel: N246,630.77, E530,729.17,
thence running south 13 degrees 14 minutes 49.2 seconds east 35.55
feet to a point N246,596.16, E530,737.32, thence running south 51
degrees 31 minutes 38.6 seconds east 283.15 feet to a point
N246,420.00, E530,959.00, thence running north 47 degrees 28
minutes 37.2 seconds west 311.84 feet returning to a point
N246,630.77, E530,729.17.

affcb26f5190c480a7dd8bff73892935d3b7f102cd9a3d8b66793cea97961cd5

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.

45cd559522bdef25e84429b15a75bb9d4a354a881cb515526171e488fe19ccfa

heading ``Construction, General'' in title I of the Energy and Water
Development Appropriations Act, 2003, division D of Public Law 108-7,
is to be used to provide technical assistance at full Federal expense,
to Alaskan communities to address the serious impacts of coastal
erosion.

d1612087901a377a84077580ddb76942628de2daaf526b161f880104bda183a8

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.

e59a7f77d40807c4f510f9a306f09bab6f9fed604757b0dd19a45a29cdbfdcf9

striking ``2003'' and inserting ``2005''.

4170c657e87072f3f9736d48a4052ee94a16cef0acd5beba4aa349010d98a329

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.

362c039a7f181b77f1734bfc48d15b212c3db4285554c0815bd6d6386f8d7a29

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.

1d9aaf72bb9db605294a1f09a096747ace0a6a19d9a8160c58736177563bb3d7

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.''.

fba86998c33d10b06b027cefbf91198a0d0f22cb36c88d7d53bdf821bd93a392

striking ``$5,000,000'' and inserting ``$7,500,000''.

c8aba291c050c58b30b8d7a012eef090d786244730b24d644b054ce5150d8622

1992 (Public Law 102-580; 106 Stat. 4835), as amended by section 502(b)
of the Water Resources Development Act of 1999 (Public Law 106-53; 113
Stat. 335) and section 108(d) of title I of division B of the
Miscellaneous Appropriations Act, 2001 (as enacted by Public law 106-
554; 114 Stat. 2763A-220), is further amended by adding at the end the
following:
``(71) Coronado, california.--$10,000,000 is authorized for
wastewater infrastructure, Coronado, California.''.

15a60e4b8a083428e7c373244ed63aa8bbcf92604c020a99bf9fff51105972d6

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''.

d48353333a83686a531777e0c469a4d398256ac800563ea134931eade1d9e526

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''.

a82a462aa4c8e89293c3d1ea8610f413dd5fc97bf7382abf72d59b52798e97b5

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.

16c4264b0f6e64db8ca47b92292b002a46c84c4c76ff4682bf80caeae7090aef

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.

6cb1d98050528944e7ce4583693f644e9d23d7343df1c395d661f496672f0d5b

Washington. (a) In General.--The Secretary of the Army, acting through
the Chief of Engineers (referred to in this section as the
``Secretary'') is authorized and shall carry out a project to plan,
design, construct, furnish, and landscape a federally owned and
operated Collocated Civil Works Administrative Building and Snake River
Confluence Interpretative Center, as described in the Snake River
Confluence Center Project Management Plan.
(b) Location.--The project--
(1) shall be located on Federal property at the confluence of
the Snake River and the Clearwater River, near Clarkston,
Washington; and
(2) shall be considered to be a capital improvement of the
Clarkston office of the Lower Granite Project.
(c) Existing Structures.--In carrying out the project, the
Secretary may demolish or relocate existing structures.
(d) Cost Sharing.--
(1) Total cost.--The total cost of the project shall not exceed
$3,500,000 (excluding interpretative displays).
(2) Federal share.--The Federal share of the cost of the
project shall be $3,000,000.
(3) Non-federal share.--
(A) In general.--The non-Federal share of the cost of the
project--
(i) shall be $500,000; and
(ii) may be provided--
(I) in cash; or
(II) in kind, with credit accorded to the non-
Federal sponsor for provision of all necessary
services, replacement facilities, replacement land (not
to exceed 4 acres), easements, and rights-of-way
acceptable to the Secretary and the non-Federal
sponsor.
(B) Interpretive exhibits.--In addition to the non-Federal
share described in subparagraph (A), the non-Federal sponsor
shall fund, operate, and maintain all interpretative exhibits
under the project.

99a2f3ec84a2d1933b0d3194a0bf00e851e352af7921f2e3175f93e2a125f938

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).

f0ccf6f3a19818a1c40e919b4ea72db0201fea399fd3980ec49f2cfd57db9cc2

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''.

4549b09d915a888bf9d6b85b7891b081757cd91aa606a969a2e287cf371b8ec6

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.''.

23535a027f8faee128ae353638f0c783cd7866fd7a117658b4162ff4ea108d0b

The Secretary of the Army is authorized to carry out the project for
flood damage reduction and environmental restoration, American River
Watershed, California, substantially in accordance with the plans, and
subject to the conditions, described in the Report of the Chief of
Engineers dated November 5, 2002, at a total cost of $257,300,000, with
an estimated Federal cost of $201,200,000 and an estimated non-Federal
cost of $56,100,000; except that the Secretary is authorized to accept
funds from State and local governments and other Federal agencies for
the purpose of constructing a permanent bridge instead of the temporary
bridge described in the recommended plan and may construct such
permanent bridge if all additional costs for such bridge, above the
$36,000,000 provided for in the recommended plan for bridge
construction, are provided by such governments or agencies.
(b) Expediting Bridge Design and Construction.--The Secretary, in
cooperation with appropriate non-Federal interests, shall immediately
commence appropriate studies for, and the design of, a permanent bridge
(including an evaluation of potential impacts of bridge construction on
traffic patterns and identification of alternatives for mitigating such
impacts) and, upon execution of a cost-sharing agreement with such non-
Federal interests, shall proceed to construction of the bridge as soon
as practicable; except that such studies, design, and construction
shall not adversely affect the schedule of design or construction of
authorized projects for flood damage reduction.

ba0589a7ac895387f58458bda57b5bd08b583716225dc801cdb8b233690954be

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.

3140b47376dcca55e99d32c59c0356328eb12c9fb3b8c786aeebfc40c3059ca5

Establishment of Program.--The Secretary of the Army may establish a
program to provide environmental assistance to non-Federal interests in
Placer and El Dorado Counties, California.
(b) Form of Assistance.--Assistance under this section may be in
the form of design and construction assistance to improve the
efficiency and use of existing water supplies in Placer and El Dorado
Counties through water and wastewater projects, programs, and
infrastructure.
(c) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and construction
of the project to be carried out with the assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in consultation
with appropriate Federal and State officials, of a facilities
or resource protection and development plan, including
appropriate engineering plans and specifications.
(B) Legal and institutional structures.--Establishment of
such legal and institutional structures as are necessary to
ensure the effective long-term operation of the project by the
non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project costs
under each partnership agreement entered into under this
subsection shall be 75 percent. The Federal share may be in the
form of grants or reimbursements of project costs.
(B) Credit for work.--The non-Federal interests shall
receive credit for the reasonable cost of design work on a
project completed by the non-Federal interest before entering
into a partnership agreement with the Secretary for such
project.
(C) Credit for interest.--In case of a delay in the funding
of the non-Federal share of a project that is the subject of an
agreement under this section, the non-Federal interest shall
receive credit for reasonable interest incurred in providing
the non-Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal share of
project costs (including all reasonable costs associated with
obtaining permits necessary for the construction, operation,
and maintenance of the project on publicly owned or controlled
land), but not to exceed 25 percent of total project costs.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(f) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity with the consent of the affected local government.
(g) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
100 percent Federal expense.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000. Such sums shall
remain available until expended.

c0c749185cf655fd94677636a227e2dca5914839333110f597d70f958ae72e0e

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''.

bff776092a7a494ae8cb7d6cf541a985e305f511a2d9220cadf4e6d3ee5236c4

Klamath Basin.--In this section, the term ``Upper Klamath Basin'' means
the counties of Klamath, Oregon, and Siskiyou and Modoc, California.
(b) Establishment of Program.--The Secretary of the Army may
establish a program to provide environmental assistance to non-Federal
interests in the Upper Klamath Basin.
(c) Form of Assistance.--Assistance under this section may be in
the form of design and construction assistance to improve the
efficiency and use of existing water supplies in the Upper Klamath
Basin through water and wastewater and ecosystem restoration projects,
programs, and infrastructure.
(d) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(e) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and construction
of the project to be carried out with the assistance.
(2) Requirements.--Each partnership agreement entered into
under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in consultation
with appropriate Federal and State officials, of a facilities
or resource protection and development plan, including
appropriate engineering plans and specifications.
(B) Legal and institutional structures.--Establishment of
such legal and institutional structures as are necessary to
ensure the effective long-term operation of the project by the
non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project costs
under each partnership agreement entered into under this
subsection shall be 75 percent. The Federal share may be in the
form of grants or reimbursements of project costs.
(B) Credit for work.--The non-Federal interests shall
receive credit for the reasonable cost of design work on a
project completed by the non-Federal interest before entering
into a partnership agreement with the Secretary for such
project.
(C) Credit for interest.--In case of a delay in the funding
of the non-Federal share of a project that is the subject of an
agreement under this section, the non-Federal interest shall
receive credit for reasonable interest incurred in providing
the non-Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal share of
project costs (including all reasonable costs associated with
obtaining permits necessary for the construction, operation,
and maintenance of the project on publicly owned or controlled
land), but not to exceed 25 percent of total project costs.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(g) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity with the consent of the affected local government.
(h) Corps of Engineers Expenses.--Ten percent of the amounts
appropriated to carry out this section may be used by the Corps of
Engineers district offices to administer projects under this section at
100 percent Federal expense.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000. Such sums shall
remain available until expended.

5aac450b31abe6f3d380957a51a791f7135cf804877797caa0f8e15ba4d98b7f

219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 335-337; 114 Stat. 2763A-220-221) is amended by adding at the
end the following:
``(71) Placer and el dorado counties, california.--$35,000,000
to improve the efficiency and use of existing water supplies in
Placer and El Dorado Counties, California, through water and
wastewater projects, programs, and infrastructure.
``(72) Lassen, plumas, butte, sierra, and nevada counties,
california.--$25,000,000 to improve the efficiency and use of
existing water supplies in the counties of Lassen, Plumas, Butte,
Sierra, and Nevada, California, through water and waste water
projects, programs, and infrastructure.''.

e551026f90a982db4c43ed246ad34e3c1ebcea06a05d219438ae0f1fd190925e

appropriated $30,000,000 for the construction of the permanent bridge
described in section 128(a).

a98a187055ba320352209a3cc731d049e2695e9c4818d6223d2b198e9db7b1a5

of 1999 (113 Stat. 338) is amended by striking ``Kehly Run Dam'' and
inserting ``Kehly Run Dams''.

8d8ae3d9402bc3eb9b65cb98f22b2ebb8f03d2c007329558a560cad92957c82b

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.

eb0e4ac2ae06a0a1f20e1cf631c61ba2e07b8c9a969714aeb844a1523f8992a4

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.

2ae8403048f12965997799af0fa5f2b731d4c540632dd3fac32f4017b42938af

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.

150c09ad6274c51f8d1a45afe163d500bcd409e31846df45e00edb5faeb015c1

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.

c053f79238a36397f19b94e6f5e35a2e4b7ce0e05a4094990d1e60305c9088f0

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

3811688ce779be7140edac0d5294257be5a6d0c37d993c3b8c6c83a479e1fcbb

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.

be358864a5e264cb2e9ecf0c472bcb9227784f9e7f1901b69d6ea98ce11167b3

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.

09f27558c54c2fedb69aa780583dd65c0ffc2af7a53012e3ecc67ebb3bd62a5b

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.

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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.

dc4063f4aee480012134d9d59e3feb4da899258541eb69950f1742f8b48ea333

Resources Development Act of 1992 (113 Stat. 335) is amended--
(1) by striking ``$10,000,000'' and inserting ``$30,000,000'';
and
(2) by striking ``Lake and Porter'' and inserting ``Benton,
Jasper, Lake, Newton, and Porter''.

460eda5eabf65b50caec672f3949c29758582103155e0a064aa6dfece88158fc

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.

8d80de5eeba3a142d190fe7856a90e24f7c4424a244ffd4809de8a6a0fcf89bf

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.

c07096badb8235c426620eee82a65aa585cc8748f275bea8a1604cdafcabc460

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.

6c569c3a9c88ce6dabfb211312a30fa6e8ac93cb951d861fd48996fc4a8eaafb

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.

08de76333af10534c2362dbe7cb2947c1ab8fdd38c692e9d3e59b59f4aa68efa

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.

50f92e3c52499487b4c80f53f4a9e0b75d2bb2e9d764d6b5e9ea2d56698855e2

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).

19ee27e9a8e042a1d1cb1aa6a3de9b6754f1f119f9d999331c2d415beedab45e

Public Law 106-53 is modified by striking ``September 30, 1999,'' and
inserting ``May 1, 1997,''.

dde6f59a17ae604105316ee60ecdf195700f725baa7bbcf8af36463a8b93c4d7

1992 is amended by adding at the end the following:
``(71) $6,430,000 for environmental infrastructure for
Indianapolis, Indiana;''.

d3069f408fe48fab06727e2792b923fe77583da5b4dee545f4a113158c6bd0cd

General.--The project for flood control, Mississippi River and Big
Muddy River, Illinois, authorized by the Flood Control Act of 1938, is
modified to authorize the Secretary to carry out repair and
rehabilitation of the project at a total cost of $22,600,000, with an
estimated Federal cost of $16,950,000 and an estimated non-Federal cost
of $5,650,000, and to perform operation and maintenance of the project
thereafter.
(b) Other Assistance.--Federal assistance made available through
the Department of Agriculture may be used toward payment of the non-
Federal share of the costs of the repair and rehabilitation under this
section.
(c) United States Lands.--Costs under this section for the repair
and rehabilitation allocable to the protection of lands owned by the
United States shall be a Federal responsibility. The Secretary shall
seek reimbursement from the Secretary of Agriculture for the costs
allocated to protecting lands owned by the Department of Agriculture.
(d) Operation and Maintenance of Non-Federal Lands.--The cost of
operation and maintenance under this section allocated to protecting
non-Federal lands shall be a non-Federal responsibility.

6e284e9eb3f2af46dad662581384379516bb0307c35fc65762f0d396e4bc824e

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.

898e9fe1a80117d577446edeeeb284118829d153d40a5ee3084d38ba38462913

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.

065db2a5fd8463cb1efa46d5a247a8c666390b4bbe1ab552b256f7da07138bb8

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

0c932697b7b8ce45aa550ea2f3f7f0ea0ef4978d0aaf5d01133a9f8ae2222511

element of the project for hurricane and storm damage reduction,
Morganza to the Gulf of Mexico, Louisiana, in accordance with the
report of the Chief of Engineers, dated August 23, 2002, and
supplemental report dated July 22, 2003, at a total cost of $4,000,000.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
Central Utah Project Completion Account
For carrying out activities authorized by the Central Utah Project
Completion Act, $36,463,000, to remain available until expended, of
which $9,423,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,728,000,
to remain available until expended.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
Water and Related Resources
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, Indian tribes, and others,
$857,498,000, to remain available until expended, of which $51,330,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $33,570,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund; and of which not more
than $500,000 is for high priority projects which shall be carried out
by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from
that Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further, That funds available for expenditure for the Departmental
Irrigation Drainage Program may be expended by the Bureau of
Reclamation for site remediation on a non-reimbursable basis: Provided
further, That $1,000,000 is to be used for completion of the Santa Fe
wells project in New Mexico through a cooperative agreement with the
City of Santa Fe: Provided further, That $10,000,000 of the funds
appropriated herein shall be deposited in the San Gabriel Basin
Restoration Fund established by section 110 of division B, title I of
Public Law 106-554, as amended: Provided further, That section 301 of
Public Law 102-250, Reclamation States Emergency Drought Relief Act of
1991, as amended, is amended further by inserting ``2003, and 2004'' in
lieu of ``and 2003''.
Bureau of Reclamation Loan Program Account
For administrative expenses necessary to carry out the program for
direct loans and/or grants, $200,000, to remain available until
expended, of which the amount that can be financed by the Reclamation
Fund shall be derived from that fund.
Central Valley Project Restoration Fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $39,600,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of
Public Law 102-575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the full
amount of the additional mitigation and restoration payments authorized
by section 3407(d) of Public Law 102-575: Provided further, That none
of the funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the water is
already committed to in-stream purposes by a court adopted decree or
order.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $55,525,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
Working Capital Fund
(rescission)
From unobligated balances under this heading, $4,525,000 are
rescinded.
Administrative Provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 14 passenger motor vehicles, of which 12 are
for replacement only.
General Provisions
DEPARTMENT OF THE INTERIOR

bbba8928ecfeecf9c0049446288b4b752bc2779e5f9e9e3e21ac9a4c8692fab7

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.

3950d5242e969b11bf33a4d1f43f563ddd3818dc02fe1e07fe03db999e8408b8

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.

3b178697565a6e0ac904b8e21c5e89e10c362fb00a6dbc2e9e07507d04873949

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''.

e0c7b58c8b5f5e1e58338d4db3a31ab161c305e55be665ed5248a8fa77090907

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.

987fcffa9bf4704ff050f6ec520dd033b49180fdb6702b090ae75246f1575657

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.

e48b162229f18d757d109ff34fb3bd7cae88f82418db4a531341401732527731

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''.

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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.

9e435a3bc0bfe865295c70ab478e2cf75d5c19c00cbbdaa60846f02dee3dd148

Secretary of the Interior, acting through the Commissioner of the
Bureau of Reclamation, may not obligate funds appropriated for the
current fiscal year or any prior Energy and Water Development
Appropriations Act, or funds otherwise made available to the
Commissioner of the Bureau of Reclamation, and may not use discretion,
if any, to restrict, reduce or reallocate any water stored in Heron
Reservoir or delivered pursuant to San Juan-Chama Project contracts,
including execution of said contracts facilitated by the Middle Rio
Grande Project, to meet the requirements of the Endangered Species Act,
unless such water is acquired or otherwise made available from a
willing seller or lessor and the use is in compliance with the laws of
the State of New Mexico, including but not limited to, permitting
requirements.
(b) Complying with the reasonable and prudent alternatives and the
incidental take limits defined in the Biological Opinion released by
the United States Fish and Wildlife Service dated March 17, 2003
combined with efforts carried out pursuant to Public Law 106-377,
Public Law 107-66, and Public Law 108-7 fully meet all requirements of
the Endangered Species Act (16 U.S.C. 1531 et seq.) for the
conservation of the Rio Grande Silvery Minnow (Hybognathus amarus) and
the Southwestern Willow Flycatcher (Empidonax trailii extimus) on the
Middle Rio Grande in New Mexico.
(c) This section applies only to those Federal agency and non-
Federal actions addressed in the March 17, 2003 Biological Opinion.
(d) Subsection (b) will remain in effect for 2 years following the
implementation of this Act.

b5b04cc48bf5674474995e70e15a3d67db582cf2c5ed7c791c9c3859f8173783

previously appropriated, the Secretary of the Interior, acting through
the Commissioner of the Bureau of Reclamation and the Director of the
Fish and Wildlife Service, for purposes of improving the efficiency and
expediting the efforts of the Endangered Species Act Collaborative
Program Workgroup, is directed to establish an executive committee of
seven members consisting of--
(1) one member from the Bureau of Reclamation;
(2) one member from the Fish and Wildlife Service; and
(3) one member at large representing each of the following
seven entities (selected at the discretion of the entity in
consultation with the Bureau of Reclamation and the Fish and
Wildlife Service) currently participating as signatories to the
existing Memorandum of Understanding:
(A) other Federal agencies;
(B) State agencies;
(C) municipalities;
(D) universities and environmental groups;
(E) agricultural communities;
(F) Middle Rio Grande Pueblos (Sandia, Isleta, San Felipe,
Cochiti, Santa Ana, and Santo Domingo); and
(G) Middle Rio Grande Conservancy District.
(b) Formation of this Committee shall not occur later than 45 days
after enactment of this Act.
(c) Fiscal year 2004 appropriations shall not be obligated or
expended prior to approval of a detailed spending plan by the House and
Senate Committees on Appropriations.
(d) The above section shall come into effect within 180 days of
enactment of this Act, unless the Bureau of Reclamation, in
consultation with the above listed parties, has provided an alternative
workgroup structure which has been approved by the House and Senate
Committees on Appropriations.

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(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.

37e3ff9d8fe5b6fcf7b5699be41c7be144538ee751b4a7a8454cd6b01dfc3e23

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.

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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.

efb50ee4f5273e533b191368e9861cfa69ae4dfd04a5d41bd6defd9d6216c201

Act of 2000 (Public Law 106-566; 114 Stat. 2818) is amended--
(1) in section 103--
(A) in subsection (b)(1), by striking ``Not'' and all that
follows through ``the Secretary'' and inserting ``The
Secretary'' and
(B) in subsection (e), by striking ``$300,000'' and all
that follows and inserting ``$2,000,000 for the Federal share
of the activities authorized under this section''; and
(2) in section 104(b), by striking ``cost-effective,'' and all
that follows and inserting ``cost-effective.''.

fbb39d6eb6c97aee7c20e7435a1d35b18936d489aa80c33f751c2a5d4a19b89a

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.

52aca90fa33f4e66688f1ced35d33bfd17561c71e9b3f41ac4c3248d76001635

Conduct Feasibility Study.--The Secretary of the Interior may conduct a
Tualatin River Basin water supply feasibility study--
(1) to identify ways to meet future water supply needs for
agricultural, municipal, and industrial uses;
(2) to identify water conservation and water storage measures;
(3) to identify measures that would--
(A) improve water quality; and
(B) enable environmental and species protection; and
(4) as appropriate, to evaluate integrated water resource
management and supply needs in the Tualatin River Basin, Oregon.
(b) Federal Share.--The Federal share of the cost of the study
conducted under subsection (a)--
(1) shall not exceed 50 percent; and
(2) shall be nonreimbursable and nonreturnable.
(c) Activities.--No activity carried out under this section shall
be considered a supplemental or additional benefit under Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.)).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,900,000, to remain available
until expended.

2c215107dd3921e448cad54957c8187a498524eeb2f777522233cbc6d5088fa7

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.

d520f37b7792f1a9fac3ca4e8c13471cfdc362775a33ddf470174dc1b0ed69ec

Bottled Water for Fallon Schoolchildren, and Associated Provisions. (a)
In General.--In carrying out section 2507 of Public Law 107-171, title
II, subtitle F, the Secretary of Interior, acting through the
Commissioner of Reclamation, shall--
(1) Notwithstanding section 2507 (b) of Public Law 107-171,
title II, subtitle F, and in accordance with Public Law 101-618,
provide $2,500,000 to the State of Nevada to purchase water rights
from willing sellers and make necessary improvements to benefit
Carson Lake and Pasture: Provided, That such funds shall only be
provided by the Bureau of Reclamation when the title to Carson Lake
and Pasture is conveyed to the State of Nevada.
(2) As soon as practicable after enactment, provide $133,000 to
Families in Search of the Truth, Fallon, Nevada, for the purchase
of bottled water and costs associated with providing such water to
schoolchildren in Fallon-area schools.
(3) In consultation with the Pershing County Water Conservation
District, the Commissioner shall expend $270,000 for the State of
Nevada's costs associated with the National Environmental Policy
Act review of the Humboldt Title Transfer: Provided, That
notwithstanding Public Law 107-282, section 804(d)-(f), the State
of Nevada shall pay any other costs assigned to the State as an
entity receiving title in Public Law 107-282, section 804(b)-(e) or
due to any reconveyance under Public Law 107-282, section 804(f),
including any such National Environmental Policy Act costs that
exceed the $270,000 expended by the Commissioner under this
subparagraph.
(4) Provide $1,000,000 to the University of Nevada, Reno's
Biodiversity initiative for public education and associated
technical assistance and outreach concerning the issues affecting
the restoration of Walker Lake.
(b) Administration.--The Secretary of the Interior, acting through
the Commissioner of Reclamation, may provide financial assistance to
State and local public agencies, Indian tribes, nonprofit
organizations, and individuals to carry out this section and section
2507 of Public Law 107-171.

61e9917e250d04ea10ecf822c978eeab28acf42cdb0b0c4a0006c88c140b69a5

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.

0d9fdccd4c1a7d134212b43beed4142f652df3fcf65096829c7d449cc4a26e1b

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''.

9f28e211a05c683f3a0577eb276f2f943db26886ba15615b24fbdf71fa83cb3f

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.

dda3be72a49ffbef48223c4428e4abeb73d5967eea5287e94afafdfa367adc92

Section 2 of the Irrigation Project Contract Extension Act of 1998 (112
Stat. 2816, 114 Stat. 1441, 1441A-70) is amended--
(1) in subsection (a), by striking ``December 31, 2003'' and
inserting ``December 31, 2005''; and
(2) in subsection (b)--
(A) in the first sentence, by striking ``beyond December
31, 2003'' and inserting ``beyond December 31, 2005''; and
(B) in the second sentence, by striking ``prior to December
31, 2003'' and inserting ``before December 31, 2005''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy supply activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed 12
passenger motor vehicles for replacement only, including two buses;
$737,537,000, to remain available until expended.
Non-Defense Site Acceleration Completion
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental management site
acceleration activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion,
$163,375,000, to remain available until expended.
Non-Defense Environmental Services
For Department of Energy expenses necessary for non-defense
environmental services activities conducted as a result of nuclear
energy research and development activities that indirectly support the
accelerated cleanup and closure mission at environmental management
sites, as well as new work scope transferred to the Environmental
Management program, including the purchase, construction, and
acquisition of plant and capital equipment and other necessary
expenses, $339,468,000, to remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954 and title X,
subtitle A, of the Energy Policy Act of 1992, $416,484,000, to be
derived from the Fund, to remain available until expended, of which
$51,000,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 15 passenger motor vehicles
for replacement only, including not to exceed one ambulance,
$3,451,700,000, to remain available until expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $190,000,000, to remain
available until expended and to be derived from the Nuclear Waste Fund:
Provided, That none of the funds provided herein may be used for
international travel.
Departmental Administration
(including transfer of funds)
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses (not to exceed $35,000), $216,533,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work
for others notwithstanding the provisions of the Anti-Deficiency Act
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work
are offset by revenue increases of the same or greater amount, to
remain available until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to total
$123,000,000 in fiscal year 2004 may be retained and used for operating
expenses within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous revenues
received during fiscal year 2004, and any related unappropriated
receipt account balances remaining from prior years' miscellaneous
revenues, so as to result in a final fiscal year 2004 appropriation
from the general fund estimated at not more than $93,533,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $39,462,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; one fixed wing
aircraft for replacement only; and the purchase of not to exceed six
passenger motor vehicles, of which four shall be for replacement only,
including not to exceed two buses; $6,272,511,000, to remain available
until expended: Provided, That $87,000,000 is authorized to be
appropriated for Project 01-D-108, Microsystems and engineering
sciences applications (MESA), Sandia National Laboratories,
Albuquerque, New Mexico: Provided further, That $3,564,000 is
authorized to be appropriated for Project 04-D-103, Project engineering
and design (PED), various locations: Provided further, That a plant or
construction project for which amounts are made available under this
heading in this fiscal year with a current estimated cost of less than
$10,000,000 is considered for purposes of section 3622 of Public Law
107-314 as a plant project for which the approved total estimated cost
does not exceed the minor construction threshold and for purposes of
section 3623 of Public Law 107-314 as a construction project with a
current estimated cost of less than the minor construction threshold.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense, defense
nuclear nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,327,612,000, to remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, and the purchase
of not to exceed one bus; $766,400,000, to remain available until
expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses (not to exceed $12,000), $339,980,000, to
remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Site Acceleration Completion
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense site acceleration
completion activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion;
$5,651,062,000, to remain available until expended: Provided, That the
Secretary of Energy is directed to use $1,000,000 of the funds provided
for regulatory and technical assistance to the State of New Mexico, to
amend the existing WIPP Hazardous Waste Permit to comply with the
provisions of section 310 of this Act.
Defense Environmental Services
For Department of Energy expenses necessary for defense-related
environmental services activities that indirectly support the
accelerated cleanup and closure mission at environmental management
sites, including the purchase, construction, and acquisition of plant
and capital equipment and other necessary expenses, and the purchase of
not to exceed one ambulance for replacement only, $991,144,000, to
remain available until expended.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense, other defense activities,
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $674,491,000, to remain
available until expended.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $390,000,000, to remain
available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed
$1,500. During fiscal year 2004, no new direct loan obligations may be
made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to the
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C.
825s), as applied to the southeastern power area, $5,100,000, to remain
available until expended; in addition, notwithstanding the provisions
of 31 U.S.C. 3302, up to $19,000,000 collected by the Southeastern
Power Administration pursuant to the Flood Control Act to recover
purchase power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for the
sole purpose of making purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $28,600,000, to remain available until expended: Provided,
That, notwithstanding the provisions of 31 U.S.C. 3302, up to
$1,512,000 collected by the Southwestern Power Administration pursuant
to the Flood Control Act to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures; in addition, notwithstanding
31 U.S.C. 3302, beginning in fiscal year 2004 and thereafter, such
funds as are received by the Southwestern Power Administration from any
State, municipality, corporation, association, firm, district, or
individual as advance payment for work that is associated with
Southwestern's transmission facilities, consistent with that authorized
in section 5 of the Flood Control Act, shall be credited to this
account and be available until expended.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500, $177,950,000, to remain
available until expended, of which $167,236,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $6,200,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That notwithstanding the provision of 31 U.S.C. 3302,
up to $162,108,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power and
wheeling expenditures: Provided further, That the $750,000 that is made
available under this heading for a transmission study on the placement
of 500 megawatt wind energy in North Dakota and South Dakota may be
nonreimbursable: Provided further, That, in accordance with section 203
of the Colorado River Basin Salinity Control Act (43 U.S.C. 1593),
electrical power supply and delivery assistance may be provided to the
local distribution utility as required to maintain proper voltage
levels at the Big Sandy River Diffuse Source Control Unit.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,640,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, the hire of passenger motor vehicles, and official
reception and representation expenses (not to exceed $3,000),
$204,400,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $204,400,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2004 shall be retained and used for
necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2004 so as to result in a final fiscal year 2004 appropriation
from the general fund estimated at not more than $0.
Defense Environmental Management Privatization
(RESCISSION)
Of the funds appropriated in prior Energy and Water Development
Appropriation Acts, $15,329,000 of unexpended balances of prior
appropriations are rescinded: Provided, That $13,329,000 shall be
derived from the Paducah Disposal Facility Privatization (OR-574) and
$2,000,000 shall be derived from the Portsmouth Disposal Facility
Privatization (OR-674).
GENERAL PROVISIONS
DEPARTMENT OF ENERGY

cc4700a6645716a8f6690f9abb699ce3c426700e7893c89a57b4935aedd1254a

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.

f0a9ddb12fbe234ee16946d851178bd0f15475da8c56bc76dc305259a53ff938

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).

9b057fa8713fa11ae126de743a4ff53ad2b5b481f09de106106f93f300109c73

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.

50fa18ea1e7b3d98b1f20bd56435969242b9a5f312a791a51c69fbd4d9101cfc

prepare or initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.
(transfers of unexpended balances)

fcb0ae3d1d525bdafcde65474475336038f12c4a9e2d3ec8fffe360e8620f8c6

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.

5db80756e0546746a02e4b3ac73d4f1c48c9fb9a43213fb13d981cf804dfeac6

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.

0184c4171c9c53291cf62b0a81fc15e7c41b90018bc23fc8449bfbfab0bea089

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.

9be5927640bf7060460009e1fab3025fd1d2a404be479916e5552ed6e5a9cd14

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.

bfd826b2c250756f3fee8409acd02354f19139b0670f4f7ecfc1d95bf1841234

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.

108cdfa78af1d019662a694ace8a1ee91653510cb68a845941bef8b6c6adbc1b

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''.

deaae16e11aea0e3f3f0f23145d7c9f9638516e760be824deb23c4de9d423f77

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.

1b0ff71a7d3cb19623e12ad5c46aa07914ddd806fa37073c06804ff46e7279dd

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.

2556cc6a3819f3237500ce0f30a905790376ed570709db48435da58f20238863

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.

1cdbc4298e884ccec7584819a7019d9143553269d6d2432f7a9eb1858a37c86a

(1) Bureau of Land Management.--The term ``Bureau of Land
Management'', hereafter referred to as the ``BLM'', means an agency
of the Department of the Interior.
(2) Corporation.--The term ``Corporation'' means the
Corporation of the Presiding Bishop of The Church of Jesus Christ
of Latter-day Saints, located at 50 East North Temple Street, Salt
Lake City, Utah.
(3) Martin's Cove.--The term ``Martin's Cove'' means the area,
consisting of approximately 940 acres of public lands in Natrona
County, Wyoming as depicted on the Martin's Cove map numbered MC-
001.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Lease.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall enter into an agreement
with the Corporation to lease, for a term of 25 years,
approximately 940 acres of Federal land depicted on the Martin's
Cove map MC-001. The Corporation shall retain the right of ingress
and egress in, from and to any part of the leasehold for its use
and management as an important historical site.
(2) Terms and conditions.--
(A) Survey.--As a condition of the agreement under
paragraph (1), the Corporation shall provide a boundary survey
to the Secretary, acceptable to the Corporation and the
Secretary, of the parcels of land to be leased under paragraph
(1).
(B) Access.--
(i) In general.--The Secretary and the Corporation
shall enter into a lease covenant, binding on any successor
or assignee that ensures that, consistent with the historic
purposes of the site, public access will be provided across
private land owned by the Corporation to Martin's Cove and
Devil's Gate. Access shall--
(I) ensure public visitation for historic,
educational and scenic purposes through private lands
owned by the Corporation to Martin's Cove and Devil's
Gate;
(II) provide for public education, ecologic and
preservation at the Martin's Cove site;
(III) be provided to the public without charge; and
(IV) permit the Corporation, in consultation with
the BLM, to regulate entry as may be required to
protect the environmental and historic values of the
resource at Martin's Cove or at such times as
necessitated by weather conditions, matters of public
safety and nighttime hours.
(C) Improvements.--The Corporation may, upon approval of
the BLM, improve the leasehold as may become necessary from
time to time in order to accommodate visitors to the leasehold.
(D) Archaeological preservation.--The Corporation shall
have the obligation to protect and maintain any historical or
archaeological artifacts discovered or otherwise identified at
Martin's Cove.
(E) Visitation guidelines.--The Corporation may establish,
in consultation with the BLM, visitation guidelines with
respect to such issues as firearms, alcoholic beverages, and
controlled substances and conduct consistent with the historic
nature of the resource, and to protect public health and
safety.
(F) No abridgement.--The lease shall not be subject to
abridgement, modification, termination, or other taking in the
event any surrounding area is subsequently designated as a
wilderness or other protected areas. The lease shall contain a
provision limiting the ability of the Secretary from
administratively placing Martin's Cove in a restricted land
management status such as a Wilderness Study Area.
(G) Right of first refusal.--The Corporation shall be
granted a right of first refusal to lease or otherwise manage
Martin's Cove in the event the Secretary proposes to lease or
transfer control or title of the land to another party.
(H) Fair market value lease payments.--The Corporation
shall make lease payments which reflect the fair market rental
value of the public lands to be leased, provided however, such
lease payments shall be offset by value of the public easements
granted by the Corporation to the Secretary across private
lands owned by the Corporation for access to Martin's Cove and
Devil's Gate.
(I) Renewal.--The Secretary may offer to renew such lease
on terms which are mutually acceptable to the parties.
(c) Mineral Withdrawal.--The Secretary shall retain the subsurface
mineral estate under the 940 acres under the leasehold. The 940 acres
described in subsection (a)(3) are hereby withdrawn from mining
location and from all forms of entry, appropriation, and disposal under
the public land laws.
(d) No Precedent Set.--This Act does not set a precedent for the
terms and conditions of leases between or among private entities and
the United States.
(e) Valid and Existing Rights.--The Lease provided for under this
section shall be subject to valid existing rights with respect to any
lease, right-of-way, permit, or other valid existing rights to which
the property is subject.
(f) Availability of Map.--The Secretary shall keep the map
identified in this section on file and available for public inspection
in the Casper District Office of the BLM in Wyoming and the State
Office of the BLM, Cheyenne, Wyoming.
(g) NEPA Compliance.--The Secretary shall comply with the
provisions of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) in carrying out this section.

2a1afb104cb9f9685fa238620c206168bbe79a9b45f450d51e32cf811dd987f3

Project No. 2696. (a) Definitions.--
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Town.--The term ``town'' means the town of Stuyvesant, New
York, the holder of Federal Energy Regulatory Commission
Preliminary Permit No. 11787.
(b) Reinstatement and Transfer.--Notwithstanding section 8 of the
Federal Power Act (16 U.S.C. 801) or any other provision of that Act,
the Commission shall, not later than 30 days after the date of
enactment of this Act--
(1) reinstate the license for Project No. 2696; and
(2) transfer the license to the town.
(c) Hydroelectric Incentives.--Project No. 2696 shall be entitled
to the full benefit of any Federal law that--
(1) promotes hydroelectric development; and
(2) that is enacted within 2 years before or after the date of
enactment of this Act.
(d) Co-Licensee.--Notwithstanding the issuance of a preliminary
permit to the town and any consideration of municipal preference, the
town may at any time add as a co-licensee to the reinstated license a
private or public entity.
(e) Project Financing.--The town may receive loans under sections
402 and 403 of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2702, 2703) or similar programs for the reimbursement of the
costs of any feasibility studies and project costs incurred during the
period beginning on January 1, 2001 and ending on December 31, 2006.
(f) Energy Credits.--Any power produced by the project shall be
deemed to be incremental hydropower for purposes of qualifying for
energy credits or similar benefits.

1a781ca8f4adaefdd9ac60f4cf5d498a8ae0ada23a226bde13e62cc4dd40ed9a

Environmental Services, $1,000,000 shall be provided to the State of
Nevada solely for expenditures, other than salaries and expenses of
State employees, to conduct scientific oversight responsibilities and
participate in licensing activities pursuant to the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended: Provided, That
$4,000,000 shall be provided to affected units of local governments, as
defined in Public Law 97-425, to conduct appropriate activities
pursuant to the Act: Provided further, That the distribution of the
funds as determined by the units of local government shall be approved
by the Department of Energy: Provided further, That the funds for the
State of Nevada shall be made available solely to the Nevada Division
of Emergency Management by direct payment and units of local government
by direct payment: Provided further, That within 90 days of the
completion of each Federal fiscal year, the Nevada Division of
Emergency Management and the Governor of the State of Nevada and each
local entity shall provide certification to the Department of Energy
that all funds expended from such payments have been expended for
activities authorized by Public Law 97-425 and this Act. Failure to
provide such certification shall cause such entity to be prohibited
from any further funding provided for similar activities: Provided
further, That none of the funds herein appropriated may be: (1) used
directly or indirectly to influence legislative action on any matter
pending before Congress or a State legislature or for lobbying activity
as provided in 18 U.S.C. 1913; (2) used for litigation expenses; or (3)
used to support multi-State efforts or other coalition building
activities inconsistent with the restrictions contained in this Act:
Provided further, That all proceeds and recoveries realized by the
Secretary in carrying out activities authorized by the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended, including but not
limited to, any proceeds from the sale of assets, shall be available
without further appropriation and shall remain available until
expended.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, for necessary
expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$66,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $19,559,000, to
remain available until expended.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and
382M(b) of said Act, $5,000,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as
necessary and other expenses, $55,000,000, to remain available until
expended: Provided, That $5,500,000 shall not be available until the
Denali Commission submits to the House and Senate Committees on
Appropriations a detailed budget justification for fiscal year 2005.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $15,000), and purchase of
promotional items for use in the recruitment of individuals for
employment, $618,800,000, to remain available until expended: Provided,
That of the amount appropriated herein, $33,100,000 shall be derived
from the Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $538,844,000 in fiscal year 2004 shall be retained and
used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year 2004 so
as to result in a final fiscal year 2004 appropriation estimated at not
more than $79,956,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $7,300,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $6,716,000 in fiscal year 2004 shall be
retained and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2004 so as to result in
a final fiscal year 2004 appropriation estimated at not more than
$584,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,177,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
TITLE V
GENERAL PROVISIONS

9810406c2716a718df80e373bf0bb27f51ecdf5a02435e1e6864550954f7d6bc

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.

aed666b12d026fd9ba556eb34318bd69c187d20646d7b52ef9dbed1cc1493e0f

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.

bc602690475f5a539d65b99f0af49a56f737fe75a0751d89eccbde09db3f3568

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.

76a970494eb9535759bb8035dde5db2c6e1866913605c5f1b5bcca48bac96b24

Development. (a) Subsection (b)(2) of section 3158 of the National
Defense Authorization Act for Fiscal Year 1998 (42 U.S.C. 7274q(b)(2))
is amended by adding the following after subparagraph (C):
``(D) Any successor, assignee, transferee, lender, or
lessee of a person or entity described in subparagraphs (A)
through (C).''.
(b) The amendment made by section 506, as amended by this section,
is effective as of the date of enactment of the National Defense
Authorization Act for Fiscal Year 1998.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2004''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

5799757621935d1245829e306582659681b1bb62bc1f3593c582c919f51d2b92

Energy and Water Development Appropriations Act, 2004

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