In the Senate of the United States, 
July 29, 2009. 
Resolved, That the bill from the House of Representa-
tives (H.R. 3183) entitled ‘‘An Act making appropriations for 
energy and water development and related agencies for the 
fiscal year ending September 30, 2010, and for other pur-
poses.’’, do pass with the following 
AMENDMENT: 
Strike out all after the enacting clause and insert: 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2010, and for other pur-
poses, namely: 
TITLE I 
CORPS OF ENGINEERS—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under 
the direction of the Secretary of the Army and the super-
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vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers 
and harbors, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related efforts. 
GENERAL INVESTIGATIONS 
For expenses necessary where authorized by law for the 
collection and study of basic information pertaining to 
river and harbor, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related needs; 
for surveys and detailed studies, and plans and specifica-
tions of proposed river and harbor, flood and storm damage 
reduction, shore protection, and aquatic ecosystem restora-
tion projects and related efforts prior to construction; for 
restudy of authorized projects; and for miscellaneous inves-
tigations and, when authorized by law, surveys and detailed 
studies, and plans and specifications of projects prior to 
construction, $170,000,000, to remain available until ex-
pended. 
CONSTRUCTION, GENERAL 
For expenses necessary for the construction of river 
and harbor, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related projects 
authorized by law; for conducting detailed studies, and 
plans and specifications, of such projects (including those 
involving participation by States, local governments, or
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private groups) authorized or made eligible for selection by 
law (but such detailed studies, and plans and specifications, 
shall not constitute a commitment of the Government to 
construction); $1,924,000,000, to remain available until ex-
pended; of which such sums as are necessary to cover the 
Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be de-
rived from the Harbor Maintenance Trust Fund as author-
ized by Public Law 104–303; and of which such sums as 
are necessary pursuant to Public Law 99–662 shall be de-
rived from the Inland Waterways Trust Fund, to cover one- 
half of the costs of construction, replacement, rehabilitation, 
and expansion of inland waterways projects (including 
only Chickamauga Lock, Tennessee; Kentucky Lock and 
Dam, Tennessee River, Kentucky; Lock and Dams 2, 3, and 
4 Monongahela River, Pennsylvania; Markland Locks and 
Dam, Kentucky and Indiana; Olmsted Lock and Dam, Illi-
nois and Kentucky; and Emsworth Locks and Dam, Ohio 
River, Pennsylvania) shall be derived from the Inland Wa-
terways Trust Fund: Provided, That the Chief of Engineers 
is directed to use $18,000,000 of the funds appropriated 
herein for the Dallas Floodway Extension, Texas, project, 
including the Cadillac Heights feature, generally in accord-
ance with the Chief of Engineers report dated December 7, 
1999: Provided further, That the Chief of Engineers is di-
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rected to use $1,500,000 of funds available for the 
Greenbrier Basin, Marlinton, West Virginia, Local Protec-
tion Project to continue engineering and design efforts, exe-
cute a project partnership agreement, and initiate construc-
tion of the project substantially in accordance with Alter-
native 1 as described in the Corps of Engineers Final De-
tailed Project Report and Environmental Impact State-
ment for Marlinton, West Virginia Local Protection Project 
dated September 2008: Provided further, That the Federal 
and non-Federal shares shall be determined in accordance 
with the ability-to-pay provisions prescribed in section 
103(m) of the Water Resources Development Act of 1986, 
as amended: Provided further, That the Chief of Engineers 
is directed to use $2,750,000 of the funds appropriated here-
in for planning, engineering, design or construction of the 
Grundy, Buchanan County, and Dickenson County, Vir-
ginia, elements of the Levisa and Tug Forks of the Big 
Sandy River and Upper Cumberland River Project: Pro-
vided further, That the Chief of Engineers is directed to use 
$4,000,000 of the funds appropriated herein to continue 
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 Cum-
berland River Project: Provided further, That none of the
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funds made available by this Act may be used to carry out 
any portion of the Delaware River Main Channel Deep-
ening Project identified in the committee report accom-
panying this Act that is located in the State of Delaware 
until the date on which the government of the State of Dela-
ware issues an applicable project permit for the Delaware 
River Main Channel Deepening Project. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for flood damage reduction 
projects and related efforts in the Mississippi River alluvial 
valley below Cape Girardeau, Missouri, as authorized by 
law, $340,000,000, to remain available until expended, of 
which such sums as are necessary to cover the Federal share 
of eligible operation and maintenance costs for inland har-
bors shall be derived from the Harbor Maintenance Trust 
Fund: Provided, That the Secretary of the Army, acting 
through the Chief of Engineers is directed to use 
$10,000,000 appropriated herein for construction of water 
withdrawal features of the Grand Prairie, Arkansas, 
project. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, maintenance, 
and care of existing river and harbor, flood and storm dam-
age reduction, aquatic ecosystem restoration, and related 
projects authorized by law; providing security for infra-
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structure owned or operated by the Corps, including admin-
istrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public 
agency that serve essential navigation needs of general com-
merce, where authorized by law; surveying and charting 
northern and northwestern lakes and connecting waters; 
clearing and straightening channels; and removing obstruc-
tions to navigation, $2,450,000,000, to remain available 
until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance 
costs for coastal harbors and channels, and for inland har-
bors shall be derived from the Harbor Maintenance Trust 
Fund; of which such sums as become available from the spe-
cial account for the Corps established by the Land and 
Water Conservation Act of 1965, as amended (16 U.S.C. 
460l–6a(i)), shall be derived from that account for resource 
protection, research, interpretation, and maintenance ac-
tivities related to resource protection in the areas at which 
outdoor recreation is available; and of which such sums as 
become available from fees collected under section 217 of the 
Water Resources Development Act of 1996 (Public Law 
104–303), shall be used to cover the cost of operation and 
maintenance of the dredged material disposal facilities for 
which such fees have been collected: Provided, That 1 per-
cent of the total amount of funds provided for each of the
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programs, projects or activities funded under this heading 
shall not be allocated to a field operating activity prior to 
the beginning of the fourth quarter of the fiscal year and 
shall be available for use by the Chief of Engineers to fund 
such emergency activities as the Chief of Engineers deter-
mines to be necessary and appropriate; and that the Chief 
of Engineers shall allocate during the fourth quarter any 
remaining funds which have not been used for emergency 
activities proportionally in accordance with the amounts 
provided for the programs, projects or activities. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands, 
$190,000,000, to remain available until expended. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination 
from sites in the United States resulting from work per-
formed as part of the Nation’s early atomic energy pro-
gram, $140,000,000, to remain available until expended. 
GENERAL EXPENSES 
For expenses necessary for the supervision and general 
administration of the civil works program in the head-
quarters of the United States Army Corps of Engineers, and 
the offices of the Division Engineers; and for the manage-
ment and operation of the Humphreys Engineer Center
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Support Activity, the Institute for Water Resources, the 
United States Army Engineer Research and Development 
Center, and the United States Army Corps of Engineers Fi-
nance Center, $186,000,000, to remain available until ex-
pended, of which not to exceed $5,000 may be used for offi-
cial reception and representation purposes and only during 
the current fiscal year: Provided, That no part of any other 
appropriation provided in title I of this Act shall be avail-
able to fund the civil works activities of the Office of the 
Chief of Engineers or the civil works executive direction and 
management activities of the division offices: Provided fur-
ther, That any Flood Control and Coastal Emergencies ap-
propriation may be used to fund the supervision and gen-
eral administration of emergency operations, repairs, and 
other activities in response to any flood, hurricane, or other 
natural disaster. 
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL 
WORKS) 
For the Office of Assistant Secretary of the Army 
(Civil Works) as authorized by 10 U.S.C. 3016(b)(3), 
$5,000,000, to remain available until expended. 
ADMINISTRATIVE PROVISION 
The Revolving Fund, Corps of Engineers, shall be 
available during the current fiscal year for purchase (not
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to exceed 100 for replacement only) and hire of passenger 
motor vehicles for the civil works program. 
GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL 
SEC. 101. (a) None of the funds provided in title I 
of this Act, or provided by previous appropriations Acts 
to the agencies or entities funded in title I of this Act that 
remain available for obligation or expenditure in fiscal year 
2010, shall be available for obligation or expenditure 
through a reprogramming of funds that: 
(1) creates or initiates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds have been 
denied or restricted by this Act, unless prior approval 
is received from the House and Senate Committees on 
Appropriations; 
(4) proposes to use funds directed for a specific 
activity for a different purpose, unless prior approval 
is received from the House and Senate Committees on 
Appropriations; 
(5) augments or reduces existing programs, 
projects or activities in excess of the amounts con-
tained in subsections 6 through 10, unless prior ap-
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proval is received from the House and Senate Com-
mittees on Appropriations; 
(6) INVESTIGATIONS.—For a base level over 
$100,000, reprogramming 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 ob-
ligations and concomitant administrative expenses; 
(7) CONSTRUCTION.—For a base level over 
$2,000,000, reprogramming 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 conditions, or real estate deficiency judg-
ments: Provided further, That up to $300,000 may be 
reprogrammed into any continuing study or activity 
that did not receive an appropriation for existing ob-
ligations and concomitant administrative expenses; 
(8) OPERATION AND MAINTENANCE.—Unlimited 
reprogramming authority is granted in order for the
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Corps to be able to respond to emergencies: Provided, 
That the Chief of Engineers must notify the House 
and Senate Committees on Appropriations of these 
emergency actions as soon thereafter as practicable: 
Provided further, That for a base level over 
$1,000,000, reprogramming of 15 percent of the base 
amount a limit of $5,000,000 per project, study or ac-
tivity 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 re-
programmed into any continuing study or activity 
that did not receive an appropriation; 
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 
same reprogramming guidelines for the Investiga-
tions, Construction, and Operation and Maintenance 
portions of the Mississippi River and Tributaries Ac-
count as listed above; and 
(10) FORMERLY UTILIZED SITES REMEDIAL AC-
TION PROGRAM.—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 Engineers shall submit a report
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to the House and Senate Committees on Appropriations to 
establish the baseline for application of reprogramming and 
transfer authorities for the current fiscal year: Provided, 
That the report shall include: 
(1) A table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) A delineation in the table for each appro-
priation both by object class and program, project 
and activity as detailed in the budget appendix for 
the respective appropriations; and 
(3) An identification of items of special congres-
sional interest. 
SEC. 102. None of the funds in this Act, or previous 
Acts, making funds available for Energy and Water Devel-
opment, shall be used to implement any pending or future 
competitive sourcing actions under OMB Circular A–76 or 
High Performing Organizations for the U.S. Army Corps 
of Engineers. 
SEC. 103. 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
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to the appropriate authorizing and appropriating commit-
tees of the Congress. 
WATER REALLOCATION, LAKE CUMBERLAND, KENTUCKY 
SEC. 104. (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. 105. None of the funds in this Act, or previous 
Acts, making funds available for Energy and Water Devel-
opment shall be used to award any continuing contract that 
commits additional funding from the Inland Waterway 
Trust Fund unless or until such time that a permanent so-
lution long-term mechanism to enhance revenues in the 
fund is enacted. 
SEC. 106. Section 592(g) of Public Law 106–53 (113 
Stat. 380), as amended by section 120 of Public Law 108– 
137 (117 Stat. 1837) and section 5097 of Public Law 110–
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114 (121 Stat. 1233), is further amended by striking 
‘‘$110,000,000’’ and inserting ‘‘$200,000,000’’ in lieu there-
of. 
SEC. 107. The project for flood control, Big Sioux 
River and Skunk Creek, Sioux Falls, South Dakota author-
ized by section 101(a)(28) of the Water Resources Develop-
ment Act of 1996 (Public Law 104–303; 110 Stat. 3666), 
is modified to authorize the Secretary to construct the 
project at an estimated total cost of $53,500,000, with an 
estimated Federal cost of $37,700,000 and an estimated 
non-Federal cost of $15,800,000. 
SEC. 108. Section 595(h) of Public Law 106–53 (113 
Stat. 384), as amended by section 5067 of Public Law 110– 
114 (121 Stat. 1219), is further amended by— 
(1) striking the phrase ‘‘$25,000,000 for each of 
Montana and New Mexico’’ and inserting the fol-
lowing language in lieu thereof: ‘‘$75,000,000 for 
Montana, $25,000,000 for New Mexico’’; and 
(2) 
striking 
‘‘$50,000,000’’ 
and 
inserting 
‘‘$100,000,000’’ in lieu thereof. 
SEC. 109. The project for flood damage reduction, Des 
Moines and Raccoon Rivers, Des Moines Iowa, authorized 
by section 1001(21) of the Water Resources Development Act 
of 2007 (121 Stat. 1053), is modified to authorize the Sec-
retary to construct the project at a total cost of $16,500,000
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with an estimated Federal cost of $10,725,000 and an esti-
mated non-Federal cost of $5,775,000. 
SEC. 110. The project for flood damage reduction, 
Breckenridge, Minnesota, authorized by section 320 of the 
Water Resources Development Act of 2000 (Public Law 
106–541; 114 Stat. 2605), is modified to authorize the Sec-
retary to construct the project at a total cost of $39,360,000 
with an estimated Federal cost of $25,000,000 and an esti-
mated non-Federal cost of $14,360,000. 
SEC. 111. Section 122 of title I of division D of the 
Consolidated Appropriations Resolution, 2003 (Public Law 
108–7; 
117 
Stat. 
141) 
is 
amended 
by 
striking 
‘‘$10,000,000’’ and inserting ‘‘$27,000,000’’ in lieu thereof. 
SEC. 112. The Secretary of the Army is authorized to 
carry out structural and non-structural projects for storm 
damage prevention and reduction, coastal erosion, and ice 
and glacial damage in Alaska, including relocation of af-
fected communities and construction of replacement facili-
ties: Provided, That the non-Federal share of any project 
carried out pursuant to this section shall be no more than 
35 percent of the total cost of the project and shall be subject 
to the ability of the non-Federal interest to pay, as deter-
mined in accordance with 33 U.S.C. 2213(m). 
SEC. 113. Section 3111(1) of the Water Resources De-
velopment Act, 2007 (Public Law 110–114; 121 Stat. 1041)