H. R. 2764—99 
(5) augments or reduces existing programs, projects or 
activities in excess of the amounts contained in subsections 
6 through 10, unless prior approval is received from the House 
and Senate Committees on Appropriations; 
(6) INVESTIGATIONS.—For a base level over $100,000, re-
programming of 25 percent of the base amount up to a limit 
of $150,000 per project, study or activity is allowed: Provided, 
That for a base level less than $100,000, the reprogramming 
limit is $25,000; Provided further, That up to $25,000 may 
be reprogrammed into any continuing study or activity that 
did not receive an appropriation for existing obligations and 
concomitant administrative expenses; 
(7) CONSTRUCTION.—For a base level over $2,000,000, re-
programming of 15 percent of the base amount up to a limit 
of $3,000,000 per project, study or activity is allowed: Provided, 
That for a base level less than $2,000,000, the reprogramming 
limit is $300,000: Provided further, That up to $3,000,000 may 
be reprogrammed for settled contractor claims, changed condi-
tions, or real estate deficiency judgments; Provided further, 
That up to $300,000 may be reprogrammed into any continuing 
study or activity that did not receive an appropriation for 
existing obligations and concomitant administrative expenses; 
(8) OPERATION AND MAINTENANCE.—Unlimited reprogram-
ming authority is granted in order for the Corps to be able 
to respond to emergencies: Provided, That the Chief of Engi-
neers must notify the House and Senate Committees on Appro-
priations of these emergency actions as soon thereafter as prac-
ticable: Provided further, That for a base level over $1,000,000, 
reprogramming of 15 percent of the base amount up to a 
limit of $5,000,000 per project, study or activity is allowed: 
Provided further, That for a base level less than $1,000,000, 
the reprogramming limit is $150,000: Provided further, That 
$150,000 may be reprogrammed into any continuing study or 
activity that did not receive an appropriation; 
(9) MISSISSIPPI
RIVER
AND
TRIBUTARIES.—The same re-
programming guidelines for the Investigations, Construction, 
and Operation and Maintenance portions of the Mississippi 
River and Tributaries Account as listed above; and 
(10) FORMERLY
UTILIZED
SITES
REMEDIAL
ACTION
PRO-
GRAM.—Reprogramming of up to 15 percent of the base of 
the receiving project is permitted. 
(b) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall 
not apply to any project or activity funded under the continuing 
authorities program. 
(c) Not later than 60 days after the date of enactment of 
this Act, the Corps of the Engineers shall submit a report to 
the House and Senate Committees on Appropriations to establish 
the baseline for application of reprogramming and transfer authori-
ties for the current fiscal year: Provided, That the report shall 
include: 
(1) A table for each appropriation with a separate column 
to display the President’s budget request, adjustments made 
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level; 
(2) A delineation in the table for each appropriation both 
by object class and program, project and activity as detailed 
in the budget appendix for the respective appropriations; and
H. R. 2764—100 
(3) An identification of items of special congressional 
interest: Provided further, That the amount appropriated for 
salaries and expenses of the Corps of Engineers shall be reduced 
by $100,000 per day for each day after the required date that 
the report has not been submitted to the Congress. 
SEC. 102. None of the funds made available in this title may 
be used to award any continuing contract or make modifications 
to any existing continuing contract that commits an amount for 
a project in excess of the amounts appropriated for that project 
that remain unobligated, except that such amounts may include 
any funds that have been made available through reprogramming 
to that project pursuant to section 101 of this Act. 
SEC. 103. None of the funds in this Act, or previous Acts, 
making funds available for Energy and Water Development, shall 
be used to implement any pending or future competitive sourcing 
actions under OMB Circular A–76 or High Performing Organiza-
tions for the U.S. Army Corps of Engineers. 
SEC. 104. None of the funds appropriated in this or any other 
Act shall be used to demonstrate or implement any plans divesting 
or transferring any Civil Works missions, functions, or responsibil-
ities of the United States Army Corps of Engineers to other govern-
ment agencies without specific direction in a subsequent Act of 
Congress. 
SEC. 105. Within 90 days of the date of the Chief of Engineers 
Report on a water resource matter, the Assistant Secretary of 
the Army (Civil Works) shall submit the report to the appropriate 
authorizing and appropriating committees of the Congress. 
SEC. 106. WATER REALLOCATION, LAKE CUMBERLAND, KEN-
TUCKY. (a) IN GENERAL.—Subject to subsection (b), none of the 
funds made available by this Act may be used to carry out any 
water reallocation project or component under the Wolf Creek 
Project, Lake Cumberland, Kentucky, authorized under the Act 
of June 28, 1938 (52 Stat. 1215, ch. 795) and the Act of July 
24, 1946 (60 Stat. 636, ch. 595). 
(b) EXISTING REALLOCATIONS.—Subsection (a) shall not apply 
to any water reallocation for Lake Cumberland, Kentucky, that 
is carried out subject to an agreement or payment schedule in 
effect on the date of enactment of this Act. 
SEC. 107. Using amounts available in the Revolving Fund, 
the Secretary of the Army is authorized to construct a new Environ-
mental Laboratory and improvements to the Information Tech-
nology Laboratory at the Engineer Research and Development 
Center in Vicksburg, Mississippi: Provided, That the Secretary shall 
ensure that the Revolving Fund is appropriately reimbursed from 
appropriations of the Corps’ benefiting programs by collection each 
year of amounts sufficient to repay the capitalized cost of such 
construction and improvements. 
SEC. 108. Notwithstanding section 729 of the Water Resources 
Development Act of 1986, as amended (33 U.S.C. 2267a), the Sec-
retary shall credit toward the non-Federal share of the cost of 
the Rio Grande Basin Watershed Study, New Mexico, Colorado 
and Texas, the cost of in-kind services contributed by the New 
Mexico Interstate Stream Commission for the Study up to the 
full amount of the required non-Federal share, in accordance with 
the Agreement between the Commission and the Department of 
the Army dated December 3, 2001, as modified on January 14, 
2002.
H. R. 2764—101 
SEC. 109. Section 121 of the Energy and Water Development 
Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2256) 
is amended by striking subsection (a) and inserting the following: 
‘‘(a) The Secretary of the Army may carry out and fund planning 
studies, watershed surveys and assessments, or technical studies 
at 100 percent Federal expense to accomplish the purposes of the 
2003 Biological Opinion described in section 205(b) of the Energy 
and Water Development Appropriations Act, 2005 (Public Law 108– 
447; 118 Stat. 2949) as amended by subsection (b) and the collabo-
rative program long-term plan. In carrying out a study, survey, 
or assessment under this subsection, the Secretary of the Army 
shall consult with Federal, State, tribal and local governmental 
entities, as well as entities participating in the Middle Rio Grande 
Endangered Species Collaborative Program referred to in section 
205 of this Act: Provided, That the Secretary of the Army may 
also provide planning and administrative assistance to the Middle 
Rio Grande Endangered Species Collaborative Program, which shall 
not be subject to cost sharing requirements with non-Federal 
interests.’’. 
SEC. 110. The Secretary of the Army, acting through the Chief 
of Engineers, is directed to convey at no cost, lands to Tate County 
School District, Tate County, Mississippi, the transfer of any real 
property interests, not to exceed 50 acres, at Arkabutla Lake 
deemed available by the Army that is located adjacent to school 
district property in the vicinity of State Highway 306 west of 
Coldwater, Mississippi. Such transfer shall be subject to the reserva-
tion of any required flowage easements for the operation of 
Arkabutla Lake and which preclude structures for human habi-
tation. This property shall be used by the Tate County School 
District for public educational purposes. 
SEC. 111. Section 594 of the Water Resources Development 
Act of 1999 is amended by striking ‘‘SEC. 594. OHIO.’’ and inserting 
in lieu thereof ‘‘SEC. 594. OHIO AND NORTH DAKOTA.’’ and in (a) 
strike ‘‘Ohio.’’ and insert in lieu thereof ‘‘Ohio and North Dakota.’’ 
and in (b) strike ‘‘Ohio,’’ and insert in lieu thereof ‘‘Ohio and 
North Dakota,’’ and in (h) strike ‘‘$240,000,000.’’ and insert in 
lieu thereof ‘‘$240,000,000 for Ohio and $100,000,000 for North 
Dakota.’’. 
SEC. 112. The Secretary of the Army, acting through the Chief 
of Engineers, is directed and authorized to conduct preconstruction 
engineering and design activities at full Federal expense for the 
Kahuku Storm Damage Reduction Project, Oahu, Hawaii, which 
includes interior drainage and related improvements to be con-
structed on lands that may include Federal land, the cost of the 
preconstruction, engineering, and design activities shall be included 
in total project costs to be cost shared at the rate of 65 percent 
Federal and 35 percent non-Federal, as a part of construction and 
the Decision Document contents shall be limited to a design analysis 
and supporting NEPA documentation for drainage improvements. 
SEC. 113. Section 227 of Public Law 104–303 is amended in 
section 5(a) by striking ‘‘7’’ and inserting ‘‘12’’ in lieu thereof. 
SEC. 114. All budget documents and justification materials 
for the Corps of Engineers annual budget submission to Congress 
shall be assembled and presented based on the most recent annual 
appropriations Act: Provided, That new budget proposals for fiscal 
year 2008 and thereafter, shall not be integrated into the budget
H. R. 2764—102 
justifications submitted to Congress but shall be submitted sepa-
rately from the budget justifications documents. 
SEC. 115. The Secretary of the Army acting through the Chief 
of Engineers is directed to plan, design, and construct a rural 
health care facility on the Fort Berthold Indian Reservation of 
the Three Affiliated Tribes, North Dakota, at an estimated Federal 
cost of $20,000,000. The Secretary shall transfer this facility to 
the Secretary of the Interior for operation and maintenance upon 
the completion of construction. 
SEC. 116. The last sentence of section 215(a) of the Flood 
Control Act of 1968 (42 U.S.C. 1962d–5a(a)) is amended by striking 
‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’. 
SEC. 117. JOHNSON CREEK, ARLINGTON, TEXAS. (a) IN GEN-
ERAL.—The project for flood damage reduction, environmental res-
toration and recreation, Johnson Creek, Arlington, Texas, author-
ized by section 101(b)(14) of the Water Resources Development 
Act of 1999 (113 Stat. 280–281) is modified to authorize the Sec-
retary to construct the project substantially in accordance with 
the report entitled Johnson Creek: A Vision of Conservation, dated 
March 30, 2006, at a total cost of $80,000,000, with an estimated 
Federal cost of $52,000,000 and an estimated non-Federal cost 
of $28,000,000 if the Secretary determines that the project is tech-
nically sound and environmentally acceptable. 
(b) NON-FEDERAL SHARE.— 
(1) IN
GENERAL.—The non-Federal share of the cost of 
the project may be provided in cash or in the form of in- 
kind services or materials. 
(2) CREDIT
AND
REIMBURSEMENT.—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 for implementation of the 
project, if the Secretary determines that the work is integral 
to the project. Subject to the availability of funds, the non- 
Federal interest shall be reimbursed for costs incurred by the 
non-Federal interest that exceed the non-Federal share of 
project costs. 
(c) CONFORMING AMENDMENT.—Section 134 of the Energy and 
Water Development Appropriations Act, 2006 (119 Stat. 2264) and 
section 5143 of the Water Resources Development Act of 2007, 
(Public Law 110–114) are repealed. 
SEC. 118. The Secretary is authorized and directed to reimburse 
local governments for expenses they have incurred in storm-proofing 
pumping stations, constructing safe houses for operators, and other 
interim flood control measures in and around the New Orleans 
metropolitan area, provided the Secretary determines those ele-
ments of work and related expenses to be integral to the overall 
plan to ensure operability of the stations during hurricanes, storms 
and high water events and the flood control plan for the area. 
SEC. 119. Section 219(f) of the Water Resources Development 
Act of 1992 (Public Law 102–580, 106 Stat. 4835 et seq.), as 
amended, is further amended by striking subsection ‘‘(71) Coronado, 
California’’, in its entirety and inserting the following: 
‘‘(71) CORONADO, CALIFORNIA. 
‘‘(A) $10,000,000 is authorized for wastewater infra-
structure, Coronado, California. 
‘‘(B) The Federal Share may be in the form of grants 
or reimbursements of project costs incurred by the non-