Energy and Water Appropriations, FY 2004 bill

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

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 after the date of the enactment of this Act by either the Assistant Secretary of the Army for Civil Works, or the U.S. Army Corps of Engineers, 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 that divest or transfer any Civil Works missions, functions, or responsibilities of the U.S. 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. Requires such basin to provide protection from a 100-year flood event.

(Sec.105) Amends specified law to increase Federal funds earmarked for Kake Dam Replacement, Kake, Alaska.

(Sec.106) Deauthorizes specified projects, including portions of a navigation project, Pawtuxet Cove, Rhode Island.

(Sec. 108) Authorizes the Secretary 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. 109) 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. 110) Modifies a flood control project for the American and Sacramento Rivers, California, to authorize the Secretary to construct it 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. 111) Prohibits funds in this Act from being made available 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. 112) 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. 113) Requires the Secretary of the Army, through the Chief of Engineers, to direct construction of Alternative 1 (Northeast Corner) authorized in Sec. 353 of Public Law 105-227 (sic).

(Sec. 114) Authorizes the Secretary to undertake at full Federal expense the planning, design, and construction for wildfire prevention and restoration in the Middle Rio Grande bosque in and around the City of Albuquerque.

(Sec. 115) Amends the Water Resources Development Act of 1999 to extend to Utah and New Mexico 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. 116) Directs the Secretary of Energy to make certain funds available to the U.S. Army Corps of Engineers for specified projects.

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; and (3) the Central Valley Project Restoration 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 either obligating funds or using discretion to reduce or reallocate water to be delivered pursuant to San Juan-Chama Project contracts in order to meet the requirements of the Endangered Species Act, (including execution of said contracts facilitated by the Middle Rio Grande Project), unless such water is acquired or otherwise made available from a willing seller or lessor and its 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 for purposes of improving the efficiency and expediting the efforts of the Endangered Species Act Collaborative Program Workgroup.

(Sec. 207) Authorizes the Secretary to: (1) arrange for the design, construction, testing and operation of the Tularosa Basin National Desalination Research Facility, with a Federal share of 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) 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) Declares 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) be from an account established by the Western Area Power Administration for this purpose.

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 funds previously appropriated, requiring that specified amounts 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 the Department of Energy submits a reprogramming request subject to congressional approval; or (3) prepare or initiate Requests for Proposals for a program that has not been funded by Congress.

(Sec. 306) Prohibits the use of funds earmarked for the Administrator of the Bonneville Power Administration to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory (except services provided internationally, including those provided on a reimbursable basis), unless the Administrator certifies in advance 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.

(Sec. 309) Prohibits the use of funds under this Act to dispose of transuranic waste in the Waste Isolation Pilot Plant containing concentrations of plutonium exceeding 20 percent by weight.

(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) Declares that the material in the concrete silos at the Fernald uranium processing facility currently managed by DOE shall be considered "byproduct material" as defined by the Atomic Energy Act of 1954, and shall be 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 Power Administration, the Southwestern Power Administration, and the Western Power Administration to collect revenues for power provided; and (2) make such collection available to the Secretary of the Army for use for Construction, General.

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 labeled products falsely as made in America.