H.R.2754 Title:Making appropriations for energy and water development for the fiscal year ending September 30, 2004, and for other purposes. Sponsor: Rep Hobson, David L. [OH-7] (introduced 7/16/2003) Cosponsors: (none) Committees: House Appropriations House Reports: 108-212; Conference Reports: 108-357 Related Bills: H.RES.444, S.1424 Latest Major Action: 11/20/2003 Presented to President. Note: The House Appropriations Committee has posted highlights of the conference report. Burgess voted YES SUMMARY AS OF: 9/16/2003--Passed Senate, amended. (There are 3 other summaries) Energy and Water Development Appropriations Act, 2004 - Title I: Department of Defense-Civil - Makes FY 2004 appropriations to the Department of the Army and its Corps of Engineers for: (1) civil functions relating to rivers and harbors, flood control, and shore protection; (2) certain flood control projects on the Mississippi River and its tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee; (3) flood control and coastal emergencies; (4) the navigable waters and wetlands regulatory program; (5) formerly utilized sites remedial action program; and (6) general expenses of the Office of Chief of Engineers. (Sec. 101) Limits Agreements proposed for execution by either the Assistant Secretary of the Army for Civil Works or the United States Army Corps of Engineers after the date of the enactment of this Act to credits and reimbursements per project not to exceed $10 million in each fiscal year, and total credits and reimbursements for all applicable projects not to exceed $50 million in each fiscal year. (Sec. 102) Bars funds from being used to demonstrate or implement any plans divesting or transferring of any Civil Works missions, functions, or responsibilities for the United States Army Corps of Engineers to other government agencies without specific direction in a subsequent Act of Congress. (Sec. 103) Directs Secretary of the Army to construct a flood detention basin to protect the north side of the City of Alamogordo, New Mexico, from flooding. Requires such basin to provide protection from a 100-year flood event. (Sec. 105) Authorizes the Secretary of the Army to design, remove, and dispose of oil bollards and associated debris in Burlington Harbor, Vermont, at full Federal expense. (Sec. 106) Amends specified law to increase Federal funds earmarked for Kake Dam Replacement, Kake, Alaska. (Sec. 108) Deauthorizes designated projects, including portions of a navigation project, Pawtuxet Cove, Rhode Island. (Sec. 109) Authorizes the Secretary of the Army to provide technical, planning, design and construction assistance to non-Federal interests to remedy adverse environmental and human health impacts in Ottawa County, Oklahoma. (Sec. 110) Requires that certain funds previously provided under specified law be used to provide technical assistance at full Federal expense to Alaskan communities to address the serious impacts of coastal erosion. (Sec. 111) Modifies a project for flood control for the American and Sacramento Rivers, California, to authorize the Secretary of the Army to construct the project at a total cost of $205 million with an estimated Federal share of $153.84 million and an estimated non-Federal share of $51.16 million. (Sec. 112) Prohibits funds from being made available in this Act to implement activities regarding closure or removal of the St. Georges Bridge across the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, including any related environmental impact statement. (Sec. 113) Amends the Water Resources Development Act of 2000 to extend through FY 2005 the authority of the Secretary of the Army to accept and expend funds contributed by non-Federal public entities to expedite the evaluation of hydroelectric project permits under the jurisdiction of the Department of the Army. (Sec. 114) Requires the Secretary of the Army, acting through the Chief of Engineers, to direct construction of Alternative 1 (Northeast Corner) authorized in Sec. 353 of Public Law 105-227 (sic). (Sec. 115) Authorizes the Secretary of the Army, acting through the Chief of Engineers, to undertake at full Federal expense the planning, design, and construction measures for wildfire prevention and restoration in the Middle Rio Grande bosque in and around the City of Albuquerque. (Sec. 116) Amends the Water Resources Development Act of 1999 to extend to New Mexico and Rural Utah the current program for providing environmental assistance to non-Federal interests in rural areas of such States (as well as Nevada, Montana, and Idaho). (Sec. 117) Directs the Secretary of Energy to make certain funds available to the U.S. Army Corps of Engineers for specified projects. (Sec. 118) Amends the Water Resources Development Act of 1999 to increase the authorization of appropriations for technical, planning, and design assistance to Federal and non-Federal interests for carrying out projects to address water quality problems caused by drainage and related activities from abandoned and inactive noncoal mines. (Sec. 119) Amends the Water Resources Development Act of 1992 to authorize appropriations for wastewater infrastructure, Coronado, California. (Sec. 120) Authorizes the availability of specified appropriations for Great Lakes remedial action plans and sediment remediation programs. (Sec. 121) Amends the Water Resources Development Act of 1999 to increase the authorization of appropriations for a specified pilot program in Mississippi. (Sec. 122) Authorizes the availability of specified appropriations for the Recreation Management Support Program to work with the International Mountain Bicycling Association to design, build, and maintain trails at Corps of Engineers projects. (Sec. 123) Amends the Water Resources Development Act of 1999 to increase the authorization of appropriations for flood control in Park River, Grafton, North Dakota. (Sec. 124) Authorizes the Secretary of the Army to: (1) provide technical, planning, design, and construction assistance for Schuylkill River Park, Philadelphia, Pennsylvania, at a Federal share of 50 percent; (2) implement the project for ecosystem restoration, Gwynns Falls, Maryland; and (3) (acting through the Chief of Engineers) implement 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, Clarkston, Washington. (Sec. 127) Instructs the Secretary of the Army, acting through the Chief of Engineers, to complete the general reevaluation report for the project for flood damage reduction, Mill Creek, Cincinnati, Ohio. (Sec. 128) Makes certain funds available for technical, planning, and design assistance under the Water Resources Development Act of 1999 to Federal and non-Federal interests for carrying out projects to address water quality problems caused by drainage and related activities from abandoned and inactive noncoal mines. Title II: Department of the Interior - Makes FY 2004 appropriations to the Department of the Interior for: (1) the Central Utah Project Completion Account; (2) the Bureau of Reclamation for water and related resources; (3) Bureau of Reclamation Loan Program Account; and (4) the Central Valley Project Restoration Fund. Rescinds specified unobligated balances from the Working Capital Fund. (Sec. 202) Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California develop a plan, conforming to California water quality standards approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. States that: (1) the costs of both the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program shall be collected until fully repaid pursuant to specified plans; and (2) future Federal funding for drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit service or study beneficiaries. (Sec. 203) Prohibits the use of appropriated funds 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 such purchase or lease is in compliance with specified statutory purchase requirements. (Sec. 204) States that Drought Emergency Assistance funds under this title shall be made available primarily for leasing water from willing lessors for specified drought-related purposes to be administered under State water priority allocation. (Sec. 205) Prohibits the Secretary of the Interior from obligating funds or using discretion to reduce or reallocate water to be 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. (Sec. 206) Instructs the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation and the Director of the Fish and Wildlife Service, to establish an executive committee in order to improve the efficiency and expedite the efforts of the Endangered Species Act Collaborative Program Workgroup. (Sec. 207) Authorizes the Secretary of the Interior to: (1) arrange for the design, construction, testing and operation of the Tularosa Basin National Desalination Research Facility, with a Federal share of up to 100 percent; (2) undertake feasibility studies for Sites Reservoir, Los Vaqueros Reservoir Enlargement, and Upper San Joaquin Storage projects in carrying out CALFED-related activities; and (3) (acting through the Commissioner of the Bureau of Reclamation) enter into agreements with irrigation or water districts to fund up to 50 percent of the cost of water improvements at existing water supply projects within specified States. (Sec. 210) (Sec. 210) Amends the Hawaii Water Resources Act of 2000 to increase the authorization of appropriations for the Hawaii Water Resources Study, and repeal the deadline for the report on it. (Sec. 211) States that contributions of the Western Area Power Administration to the Utah Reclamation Mitigation and Conservation Account shall: (1) expire ten fiscal years from the date of enactment of this Act; and (2) shall be from an account established by the Western Area Power Administration for such purpose. (Sec. 212) Provides additional funding for: (1) the Middle Rio Grande, New Mexico project; and (2) the Lake Tahoe Regional Wetlands Development project. (Sec. 213) Prohibits payment of funds from the Lower Colorado River Basin Development Fund to the general fund of the Treasury until each provision of a specified Stipulation filed in Central Arizona Water Conservation District v. United States is met. (Sec. 214) Authorizes the Secretary of the Interior to: (1) conduct a specified Tualatin River Basin water supply feasibility study; and (2) extend on an annual basis a certain debt repayment schedule incurred to facilitate Indian water rights settlements in the State of Arizona. (Sec. 216) Instructs the Secretary of the Interior, acting through the Commissioner of Reclamation, to: (1) provide specified funds to the State of Nevada to purchase water rights from willing sellers and make necessary improvements for Carson Lake and Pasture; and (2) provide specified funds to Families in Search of Truth, Fallon, Nevada, for the purchase of bottled water for schoolchildren in Fallon-area schools. Title III: Department of Energy - Makes FY 2004 appropriations to the Department of Energy (DOE) for: (1) energy supply programs; (2) non-defense site acceleration completion; (3) uranium enrichment decontamination and decommissioning; (4) non-defense environmental services; (5) general DOE science activities; (6) nuclear waste disposal; (7) DOE administration and its Office of the Inspector General; (8) atomic energy defense weapons activities; (9) defense nuclear nonproliferation activities; (10) naval reactors activities; (11) Office of the Administrator in the National Nuclear Security Administration; (12) defense site acceleration completion; (13) defense environmental services; (14) defense nuclear waste disposal; (15) geographical power marketing administrations of DOE (including hydroelectric facilities at the Falcon and Amistad Dams); and (16) the Federal Energy Regulatory Commission. Rescinds specified unexpended balances previously appropriated. Requires specified amounts of such rescission to be derived from the Paducah Disposal Facility Privatization and from the Portsmouth Disposal Facility Privatization. (Sec. 302) Prohibits the use of appropriations under this Act to: (1) either develop or implement a workforce restructuring plan for DOE employees, or to provide them with enhanced severance payments or other benefits; (2) augment specified amounts made available by this Act for severance payments and other benefits and community assistance grants under specified law unless DOE submits a reprogramming request subject to approval by the appropriate congressional committees; and (3) prepare or initiate Requests for Proposals for a program that has not been funded by Congress. (Sec. 306) Bars funds earmarked for the Administrator of the Bonneville Power Administration from being used to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory (except those provided internationally) without advance certification that such services are not available from private sector businesses. (Sec. 307) Permits the Administrator of the National Nuclear Security Administration to authorize the plant manager of a covered nuclear weapons production plant to engage in research, development, and demonstration activities in order to maintain and enhance plant engineering and manufacturing capabilities. Limits to two percent of the total allocation to such a plant the percentage of funds that may be expended for such activities. (Sec. 308) Declares that funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress under the National Security Act of 1947 during FY 2004 until the enactment of the Intelligence Authorization Act for FY 2004. (Sec. 309) Prohibits funds under this Act from being used to dispose of transuranic waste containing concentrations of plutonium exceeding 20 percent by weight in the Waste Isolation Pilot Plant. (Sec. 310) Instructs the Secretary of Energy to file a permit modification to the Waste Analysis Plan and associated provisions contained in the Hazardous Waste Facility Permit for the Waste Isolation Pilot Plant. (Sec. 311) States that material in concrete silos at the Fernald uranium processing facility currently managed by DOE shall be considered "byproduct material" and regulated accordingly. (Sec. 312) Directs the Secretary of Energy to: (1) collect certain fees, as offsetting collections, pursuant to specified acts which authorize the Southeastern, Southwestern, and Western Power Administrations to collect revenues for power provided; and (2) make the collection available to the Secretary of the Army for use for Construction, General. (Sec. 313) Prohibits the availability to DOE of funds under this Act for activities at engineering development phases 3, 6.3, or beyond in support of advanced nuclear weapons concepts, including the robust nuclear earth penetrator. (Sec. 314) Prohibits the obligation or expenditure of funds earmarked by this Act for Atomic Energy Defense Activities for any additional and exploratory studies under the Advanced Concepts Initiative until 30 days after the Administrator for Nuclear Security submits to Congress a detailed report on the planned activities for additional and exploratory studies under the initiative for FY 2004. (Sec. 315) Authorizes the Secretary of the Interior to enter into an agreement with the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, Salt Lake City, Utah, to lease, for a term of 25 years, approximately 940 acres of Federal lands in Natrona County, Wyoming ("Martin's Cove"). Prescribes lease terms limiting use of the site to public education, ecologic, scenic, and historical or archaeological preservation purposes. (Sec. 316) Directs the Secretary of Energy and the Secretary of Labor to enter into a Memorandum of Agreement under which the Secretary of Labor shall assume management and operational responsibility for development and preparation of claims filed with DOE under the Energy Employees Occupational Illness Compensation Program Act of 2000, including the development of information necessary for the informed consideration of such claims by a physicians panel (which shall include work histories, medical records, and exposure assessments with respect to toxic substances). (Sec. 317) Instructs the Federal Energy Regulatory Commission to (1) reinstate the license for Project No. 2696; and (2) transfer it to the town of Stuyvesant, New York, the holder of Federal Energy Regulatory Commission Preliminary Permit No. 11787. Entitles such Project to the full benefit of any Federal law that promotes hydroelectric development enacted within two years before or after enactment of this Act. (Sec. 318) Instructs the Secretary of Energy to report to certain congressional committees on administrative expenditures for the Energy Employees Occupational Illness Compensation Program Act of 2000. Title IV: Independent Agencies - Makes FY 2004 appropriations to the: (1) Appalachian Regional Commission; (2) Defense Nuclear Facilities Safety Board; (3) Delta Regional Authority; (4) Denali Commission; (5) Nuclear Regulatory Commission and its Office of the Inspector General; and (6) Nuclear Waste Technical Review Board. Title V: General Provisions - (Sec. 502) Expresses the sense of Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. Bars contracts funded under this Act from being awarded to any person determined by a court or Federal agency to have falsely labeled products as made in America. (Sec. 503) Amends the National Defense Authorization Act for Fiscal Year 1998 with respect to indemnification of any person or entity acquiring ownership or control for economic development purposes of real property at DOE defense nuclear facilities against any claim for injury resulting from the release or threatened release of a hazardous substance or pollutant or contaminant as a result of DOE activities at the facility. Extends such indemnification rights to any successor, assignee, transferee, lender, or lessee of such a person or entity.