Energy and Water Development Appropriations Act, 2004

Energy and Water Development Appropriations Act, 2004 - Title I: Department of Defense-Civil - Department of the Army - 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, shore protection, and aquatic ecosystem restoration; (2) certain flood damage reduction program 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; (4) formerly utilized sites remedial action program; and (5) general expenses of the Office of Chief of the Army Corps 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 the U.S. Army Corps of Engineers from using appropriations to support activities related to the proposed: (1) Ridge Landfill in Tuscarawas County, Ohio; and (2) Indian Run Sanitary Landfill in Sandy Township, Stark County, Ohio.

(Sec. 103) Bars funds from being used to demonstrate or implement any plans divesting or transferring any Civil Works missions, functions, or responsibilities from the U.S. Army Corps of Engineers to other government agencies without specific direction in a subsequent Act of Congress.

(Sec. 105) Directs Secretary of the Army (Secretary) to construct a flood detention basin to protect the north side of the City of Alamogordo, New Mexico, from flooding. Requires the basin to provide protection from a 100-year flood event.

(Sec. 106) Designates lock and dam numbered 3 on the Allegheny River, Pennsylvania, as the ``C.W. Bill Young Lock and Dam''.

(Sec. 108) Authorizes the Secretary to design, remove, and dispose of at full Federal expense oil bollards and associated debris in Burlington Harbor, Vermont.

(Sec. 109) Amends specified law to increase Federal funds earmarked for Kake Dam Replacement, Kake, Alaska.

(Sec. 110) Deauthorizes designated projects, including portions of a navigation project, Pawtuxet Cove, Rhode Island.

(Sec. 111) 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. 112) Requires certain funds previously provided under specified law to be used at full Federal expense for technical assistance to Alaskan communities to address serious impacts of coastal erosion.

(Sec. 113) Prohibits funds from being made available in this Act to implement activities, including any related environmental impact statement, regarding closure or removal of the St. Georges Bridge across the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware, and Maryland.

(Sec. 114) Amends the Water Resources Development Act of 2000 to extend through FY 2005 the authority of the Secretary 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. 115) Requires the Secretary to direct construction of Alternative 1 (Northeast Corner) authorized in specified law.

(Sec. 116) Authorizes the Secretary to undertake at full Federal expense planning, design, and construction measures for wildfire prevention and restoration in the Middle Rio Grande bosque in and around the City of Albuquerque.

(Sec. 117) 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. 118) Directs the Secretary to authorize increased appropriations for abandoned and inactive noncoal mine restoration projects.

(Sec. 119) Amends the Water Resources Development Act of 1992 to authorize appropriations for wastewater infrastructure, Coronado, California.

(Sec. 120) Amends the Water Resources Development Act of 1999 to increase the authorization of appropriations for a specified pilot program in Mississippi.

(Sec. 121) Amends the Water Resources Development Act of 1999 to increase the authorization of appropriations for flood control in Park River, Grafton, North Dakota.

(Sec. 122) Authorizes the Secretary 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) 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. 125) Instructs the Secretary to complete the General Reevaluation Report on the Mill Creek, Ohio, project at 100 percent Federal cost within 15 months of enactment of this Act.

(Sec. 126) Amends the Water Resources Development Act of 1992 to authorize: (1) increased appropriations for Lakes Marion and Moultrie, South Carolina, including wastewater treatment; and (2) appropriations for wastewater infrastructure and wastewater collection systems, Charleston, South Carolina.

(Sec. 128) Authorizes the Secretary to: (1) implement, in accordance with a specified Report, the project for flood damage reduction and environmental restoration, American River Watershed, California; and (2) immediately commence studies and design for a permanent bridge.

(Sec. 129) Directs the Secretary to implement, at a specified cost, a certain project for flood damage reduction, American and Sacramento Rivers, California.

(Sec. 130) Authorizes the Secretary to establish a program providing non-Federal interests in Placer and El Dorado Counties, California with environmental assistance, including design and construction assistance to improve the efficiency and use of existing water supplies through publicly-owned water and wastewater projects, programs, and infrastructure.

(Sec. 131) Amends the Water Resources Development Act of 1992 to authorize increased appropriations for regional conservation water and recycling projects in the Sacramento Area, California (Placer and El Dorado Counties, and the San Juan Suburban Water District).

(Sec. 132) Authorizes the Secretary to provide design and construction assistance to non-Federal interests to improve the efficiency and use of existing water supplies in the Upper Klamath Basin (redefined as the counties of Klamath, Oregon, and Siskiyou and Modoc, California) through publicly-owned water and wastewater and ecosystem restoration projects, programs, and infrastructure.

(Sec. 133) Amends the Water Resources Development Act of 1992 to authorize additional assistance for California wastewater infrastructure projects in: (1) Placer and El Dorado Counties; and (2) Lassen, Plumas, Butte, Sierra, and Nevada Counties.

(Sec. 134) Authorizes appropriations for construction of a permanent bridge, American River Watershed, California.

(Sec. 136) Modifies the McClellan-Kerr Arkansas River navigation project to authorize a project depth of 12 feet.

(Sec. 137) Instructs the Secretary to provide credit to the non-Federal sponsor for preconstruction engineering and design work for the environmental dredging project at Ashtabula River, Ohio, prior to execution of a Project Cooperation Agreement.

(Sec. 138) Instructs the Secretary to review the shoreline stabilization, recreation, and public access components of the feasibility report for specified waterfront development at Gateway Point, North Tonawanda, New York. Authorizes implementation of such components at Federal cost upon a determination that they are feasible and meet Corps of Engineers evaluation and design standards.

(Sec. 139) Deauthorizes after the date of enactment of this Act specified navigation projects, Chicago River and Chicago Harbor, Illinois.

(Sec. 140) Instructs the Secretary to establish a centralized office at the office of the district engineer, San Francisco, California, for the use of all Federal and State agencies 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.

(Sec. 141) Modifies the project for aquatic ecosystem restoration, Wolf Lake, Indiana, to direct the Secretary to credit toward the non-Federal share the planning, design, and construction costs implemented by the non-Federal interest before the date of the project cooperation agreement if the Secretary determines that the work is integral to the project.

(Sec. 142) Directs the Secretary 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 a specified project for Calumet and Burr Oaks Schools Sewer Improvements, Cook County, Illinois, if the Secretary determines that the work is integral to the project.

(Sec. 143) Modifies a specified navigation project, Los Angeles Harbor, Los Angeles, California, to direct the Secretary to credit toward the non-Federal share of project costs the cost of the planning, design, and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines the work is integral to the project.

(Sec. 144) Modifies the project for flood control, San Lorenzo River, California, to direct the Secretary to credit not more than $2 million 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 if the Secretary determines the work is integral to the project.

(Sec. 145) Amends the Water Resources Development Act of 1992 to authorize increased appropriations for water related infrastructure projects, Calumet Region, Indiana, including the counties of Benton, Newton, and Jasper.

(Sec. 146) Authorizes the Secretary to construct a certain flood control for Meramec River Basin, Valley Park Levee, Missouri, at a maximum Federal expenditure of $50 million.

(Sec. 147) Modifies the project for flood control, Saw Mill Run, Pennsylvania, to authorize the Secretary to implement it at a total cost of $22 million, with an estimated Federal cost of $16.5 million and an estimated non-Federal cost of $5.5 million.

(Sec. 148) Modifies the project for flood control, Roanoke River Upper Basin, Virginia, to authorize the Secretary to construct the project at a total cost of $61.7 million, with an estimated Federal cost of $43 million and an estimated non-Federal cost of $18.7 million.

(Sec. 149) Modifies a certain project for harbor deepening, Brunswick Harbor, Georgia, to authorize the Secretary to construct the project at a total cost of $96.276 million with an estimated Federal cost of $61.709 million and an estimated non-Federal cost of $34.567 million.

(Sec. 150) Modifies the project for flood control, Lackawanna River at Olyphant, Pennsylvania, to authorize the Secretary to carry out the project at a total cost of $23 million, with an estimated Federal cost of $17.25 million and an estimated non-Federal cost of $5.75 million.

(Sec. 151) Modifies the project for flood protection, Perry Creek Flood Control Project, Sioux City, Iowa, to increase the project authorization to $96.87 million (Federal cost of $58.677 million and non-Federal cost of $38.193 million).

(Sec. 152) Moves back from September 30, 1999, to May 1, 1997, the date as of which the city of Chesapeake, Virginia, shall not be obligated to make certain annual cash contributions mandated under a specified Local Cooperation Agreement for the navigation project for the southern branch of the Elizabeth River.

(Sec. 153) Amends the Water Resources Development Act of 1992 to authorize appropriations for environmental infrastructure, Indianapolis, Indiana.

(Sec. 154) Modifies the project for flood control, Mississippi River and Big Muddy River, Illinois, to authorize the Secretary to carry out repair and rehabilitation at specified costs and to perform project operation and maintenance thereafter.

(Sec. 155) Authorizes the Secretary to implement a project to restore lake depths at Moss Lake, Louisiana, adjacent to the Calcasieu River and Pass channel at a total project cost of $2.5 million.

(Sec. 156) Modifies the project for navigation, Manatee Harbor, Florida, to: (1) include construction of an extension of the south channel at specified costs; (2) direct the Secretary to credit toward the non-Federal share the cost of certain in-kind services, materials and planning, design, and construction work provided by the non-Federal interest; and (3) authorize the Secretary to implement the project as modified at a total cost of $61.5 million.

(Sec. 157) Instructs the Secretary to conduct a feasibility study for a flood damage reduction project in the Harris Gully watershed, Harris County, Texas, to provide flood protection for the Texas Medical Center, Houston, Texas.

Authorizes the Secretary to implement feasible critical flood damage reduction measures that will provide immediate and substantial flood damage reduction benefits in the Harris Gully watershed, at a Federal cost of $7 million.

(Sec. 158) Authorizes the Secretary to carry out the Reach J, Segment 1, element of the project for hurricane and storm damage reduction, Morganza to the Gulf of Mexico, Louisiana, in accordance with a specified report, and at a cost of $4 million.

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) the Bureau of Reclamation Loan Program Account; and (4) the Central Valley Project Restoration Fund.

Rescinds specified unobligated balances from the Working Capital Fund.

(Sec. 201) 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. 202) 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. 203) Amends the Energy and Water Development Appropriations Act, 1991 to repeal the requirement that municipal and industrial water supply contracts with the Sacramento County Water Agency and the San Juan Suburban Water District (California) include a specified determination of annual water needs.

(Sec. 204) Instructs the Secretary of the Interior to amend the Central Valley Project water supply contracts to reflect such repeal.

(Sec. 205) 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. 207 ) 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. 208 ) Prohibits the Secretary of the Interior from obligating funds or using discretion to reduce or reallocate water stored in Heron Reservoir and 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 permitting requirements.

(Sec. 209 ) 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. 210 ) 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. 213 ) 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 attendant report.

(Sec. 214) States that contributions of the Western Area Power Administration (WAPA) 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 WAPA for such purpose.

(Sec. 215) Authorizes the Secretary of the Interior to: (1) conduct a specified Tualatin River Basin (Oregon) water supply feasibility study; and (2) extend on an annual basis a certain repayment schedule for debt incurred by irrigation districts to facilitate Indian water rights settlements in the State of Arizona.

(Sec. 217) 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; (3) provide $1 million to the University of Nevada, Reno's Biodiversity initiative for public education and associated technical assistance and outreach concerning issues affecting restoration of Walker Lake.

Directs the Commissioner to expend $270,000 for Nevada's costs associated with the National Environmental Policy Act review of the Humboldt Title Transfer. Requires Nevada to pay any other costs assigned to it as an entity receiving title.

(Sec. 218) Instructs the Secretary of the Interior to extend the term of specified Sacramento River Settlement Contracts, for two additional years after the date on which each of the contracts, respectively, would expire but for this section, or until renewal contracts are executed, whichever occurs earlier.

(Sec. 219) Amends specified law authorizing construction of temperature control devices at Folsom Dam, California, to: (1) provide that 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; (2) require such device and facilities to 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; and (3) increase authorization of appropriations for the construction from $1million to $3.5 million.

(Sec. 220) Authorizes appropriations for the Secretary of the Interior to implement and enter into financial assistance or other agreements to undertake activities in accordance with a specified Pumping/Dam Removal Plan defined in United States District Court Consent Decree "United States, et al., v. Grants Pass Irrigation District".

(Sec. 221) Amends the Irrigation Project Contract Extension Act of 1998 to extend certain irrigation project contracts from December 31, 2003, to December 31, 2005.

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) non-defense environmental services; (4)uranium enrichment decontamination and decommissioning; (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. 308 ) 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. 309 ) 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. 310 ) 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. 311 ) 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. 312 ) 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. 313 ) 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. 314) 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. 315 ) 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. 316) Declares that of the funds made available in this Act for Defense Environmental Services, $1 million shall be provided to the State of Nevada solely for expenditures to conduct scientific oversight responsibilities and participate in licensing activities pursuant to the Nuclear Waste Policy Act of 1982 (other than salaries and expenses of State employees).

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. 504) 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.