H. J. Res. 2—125
Tug Forks of the Big Sandy River and Upper Cumberland
River, Kentucky, $26,100,000: Provided, That, using $200,000
of the funds appropriated herein, the Secretary of the Army,
acting through the Chief of Engineers, is directed to continue
work on the Bois Brule Drainage and Levee District, Missouri,
design deficiency project under the terms and conditions speci-
fied in Public Law 107–66: Provided further, That using
$9,744,000 of the funds appropriated herein, the Secretary of
the Army, acting through the Chief of Engineers, is directed
to continue construction of the Dallas Floodway Extension,
Texas, project, including the Cadillac Heights feature, generally
in accordance with the Chief of Engineers report dated
December 7, 1999: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is directed
to use $4,000,000 of the funds appropriated herein to undertake
the Bowie County Levee, Texas, project, which is defined as
Alternative B, Local Sponsor Option, in the Corps of Engineers
document entitled Bowie County Local Flood Protection, Red
River, Texas, Project Design Memorandum No. 1, Bowie County
Levee, dated April 1997: Provided further, That cost sharing
for the Bowie County Levee, Texas, project shall be in accord-
ance with the provisions of the Flood Control Act of 1946:
Provided further, That the Secretary of the Army is directed
to accept advance funds, pursuant to section 11 of the River
and Harbor Act of 1925, from the non-Federal sponsor of the
Los Angeles Harbor, California, project authorized by section
101(b)(5) of Public Law 106–541, which are needed to maintain
the project schedule: Provided further, That using $1,000,000
of the funds provided herein, the Secretary of the Army, acting
through the Chief of Engineers, is directed to conduct, at full
Federal expense, technical studies of individual ditch systems
identified by the State of Hawaii, and to assist the State in
diversification by helping to define the cost of repairing and
maintaining selected ditch systems: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use $1,000,000 of the funds appropriated herein
to 
continue 
construction 
of 
the 
navigation 
project 
at
Kaumalapau Harbor, Hawaii: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers,
is directed to use $2,000,000 of the funds provided herein
for Dam Safety and Seepage/Stability Correction Program to
continue construction of seepage control features at Waterbury
Dam, Vermont: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to
use $13,400,000 of the funds appropriated herein to proceed
with planning, engineering, design or construction of the
Grundy, Buchanan County, and Dickenson County, Virginia,
elements of the Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River Project: Provided further, That
the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to use $5,500,000 of the funds appropriated
herein to proceed with the planning, engineering, design or
construction of the Lower Mingo County, Upper Mingo County,
Wayne County, McDowell County, West Virginia, elements of
the Levisa and Tug Forks of the Big Sandy River and Upper
Cumberland River Project: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is directed
H. J. Res. 2—126
to continue the Dickenson County Detailed Project Report as
generally defined in Plan 4 of the Huntington District Engi-
neer’s Draft Supplement to the Section 202 General Plan for
Flood Damage Reduction dated April 1997, including all Russell
Fork tributary streams within the County and special consider-
ations as may be appropriate to address the unique relocations
and resettlement needs for the flood prone communities within
the County: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to proceed
with the construction of the Seward Harbor, Alaska, project,
in accordance with the Report of the Chief of Engineers, dated
June 8, 1999, and the economic justification contained therein:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to proceed with
the construction of the Wrangell Harbor, Alaska, project in
accordance with the Chief of Engineer’s report dated December
23, 1999: Provided further, That, of the funds provided herein,
$3,000,000 shall be made available for the Galena Bank Sta-
bilization Project in Galena, Alaska: Provided further, That
the Secretary of the Army, acting through the Chief of Engi-
neers, is authorized and directed to use $5,000,000 of Construc-
tion, General funding as provided herein for construction of
an emergency outlet from Devils Lake, North Dakota, to the
Sheyenne River, at an estimated total cost of $100,000,000,
which shall be cost-shared in accordance with section 103 of
the Water Resources Development Act of 1986, as amended
(33 U.S.C. 2213), except that the funds shall not become avail-
able unless the Secretary of the Army determines that an
emergency (as defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122))
exists with respect to the emergency need for the outlet and
reports to Congress that the construction is technically sound
and environmentally acceptable, and in compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.): Provided further, That the justification for the emer-
gency outlet shall be fully described, including the analysis
of the benefits and costs, in the project plan documents: Pro-
vided further, That the plans for the emergency outlet shall
be reviewed and, to be effective, shall contain assurances pro-
vided by the Secretary of State, that the project will not violate
the Treaty Between the United States and Great Britain
Relating to the Boundary Waters Between the United States
and Canada, signed at Washington, January 11, 1909 (36 Stat.
2448; TS 548) (commonly known as the ‘‘Boundary Waters
Treaty of 1909’’): Provided further, That the Secretary of the
Army shall submit the final plans and other documents for
the emergency outlet to Congress: Provided further, That no
funds made available under this Act or any other Act for
any fiscal year may be used by the Secretary of the Army
to carry out the portion of the feasibility study of the Devils
Lake Basin, North Dakota, authorized under the Energy and
Water Development Appropriations Act, 1993 (Public Law 102–
377), that addresses the needs of the area for stabilized lake
levels through inlet controls, or to otherwise study any facility
or carry out any activity that would permit the transfer of
water from the Missouri River Basin into Devils Lake.
H. J. Res. 2—127
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS,
ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND
TENNESSEE
For expenses necessary for prosecuting work of flood control,
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law
(33 U.S.C. 702a and 702g–1), $344,574,000, to remain available
until expended: Provided, That the Secretary of the Army, acting
through the Chief of Engineers, using $10,000,000 of the funds
provided herein, is directed to continue design and real estate
activities and to initiate the pump supply contract for the Yazoo
Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided fur-
ther, That the pump supply contract shall be performed by awarding
continuing contracts in accordance with 33 U.S.C. 621.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, operation, mainte-
nance, and care of existing river and harbor, flood control, and
related works, including such sums as may be necessary for the
maintenance of harbor channels provided by a State, municipality
or other public agency, outside of harbor lines, and serving essential
needs of general commerce and navigation; surveys and charting
of northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removal of obstructions to naviga-
tion, $1,940,167,000, to remain available until expended, of which
such sums as become available in the Harbor Maintenance Trust
Fund, pursuant to Public Law 99–662, may be derived from that
Fund, and of which such sums as become available from the special
account established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l), may be derived from that
account for construction, operation, and maintenance of outdoor
recreation facilities: Provided, That using $888,000 of the funds
appropriated herein, the Secretary of the Army, acting through
the Chief of Engineers, is directed to undertake recreation improve-
ments associated with the pool raise at Waco Lake, Texas: Provided
further, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use $3,160,000 of the funds appropriated
herein to undertake work to expand or improve recreational facili-
ties and undertake environmental restoration activities at the
Hansen Dam Recreation Area, California, consistent with the
Hansen Dam Recreation Area Master Plan: Provided further, That
of funds appropriated herein, for the Intracoastal Waterway, Dela-
ware River to Chesapeake Bay, Delaware and Maryland, the Sec-
retary of the Army, acting through the Chief of Engineers, is
directed to reimburse the State of Delaware for normal operation
and maintenance costs incurred by the State of Delaware for the
SR1 Bridge from station 58∂00 to station 293∂00 between October
1, 2002, and September 30, 2003: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers, is
directed to use funds appropriated herein to rehabilitate the existing
dredged material disposal site for the project for navigation, Bodega
Bay Harbor, California, and to initiate maintenance dredging of
the Federal channel: Provided further, That the Secretary shall
make suitable material excavated from the site as part of the
rehabilitation effort available to the non-Federal sponsor, at no
H. J. Res. 2—128
cost to the Federal Government, for use by the non-Federal sponsor
in the development of public facilities.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary for emergency flood control, hurricane
response, and emergency shore protection and related activities,
$15,000,000, to remain available until expended.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $139,000,000, to
remain available until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
throughout the United States resulting from work performed as
part of the Nation’s early atomic energy program, $145,000,000,
to remain available until expended.
GENERAL EXPENSES
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of
the Division Engineers, activities of the Humphreys Engineer
Center Support Activity, the Institute for Water Resources, and
headquarters support functions at the USACE Finance Center,
$155,151,000, to remain available until expended: Provided, That
no part of any other appropriation provided in title I of this Act
shall be available to fund the activities of the Office of the Chief
of Engineers or the executive direction and management activities
of the division offices: Provided further, That none of these funds
shall be available to support an office of congressional affairs within
the executive office of the Chief of Engineers.
ADMINISTRATIVE PROVISIONS
Appropriations in this title shall be available for official recep-
tion and representation expenses (not to exceed $5,000); and during
the current fiscal year the Revolving Fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. Agreements proposed for execution by the Assistant
Secretary of the Army for Civil Works or the United States Army
Corps of Engineers after the date of the enactment of this Act
pursuant to section 4 of the Rivers and Harbor Act of 1915, Public
Law 64–291; section 11 of the River and Harbor Act of 1925,
Public Law 68–585; the Civil Functions Appropriations Act, 1936,
Public Law 75–208; section 215 of the Flood Control Act of 1968,
as amended, Public Law 90–483; sections 104, 203, and 204 of
the Water Resources Development Act of 1986, as amended, Public
Law 99–662; section 206 of the Water Resources Development Act