H. R. 1105—83 
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 Engineers shall submit a report 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 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 
(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 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. 103. None of the funds made available in this title may 
be used to award or modify any contract that commits an amount 
for a project in excess of the amounts appropriated for that project 
that remain unobligated. 
SEC. 104. 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. 105. 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.
H. R. 1105—84 
SEC. 106. 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) Hereafter, the Secretary of the Army may carry out and 
fund planning studies, watershed surveys and assessments, or tech-
nical 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) or any related subsequent biological opinion, 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. 107. None of the funds in this Act, or previous Acts, 
making funds available for Energy and Water Development 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 solution to enhance revenues in the 
fund is enacted. 
SEC. 108. The Secretary is authorized to conduct a study of 
the Missouri River Projects located within the Missouri River basin 
at a total cost of $25,000,000 with the express purpose to review 
the original project purposes based on the Flood Control Act of 
1944, as amended, and other subsequent relevant legislation and 
judicial rulings to determine if changes to the authorized project 
purposes and existing Federal water resource infrastructure may 
be warranted: Provided, That this study shall be undertaken at 
full Federal expense. 
SEC. 109. Section 134 of Public Law 108–137 (117 Stat. 1842), 
as amended by section 128(b) of Public Law 109–103 (119 Stat. 
2260), is further amended by striking ‘‘$30,000,000’’ wherever it 
appears and inserting ‘‘$48,300,000’’ in lieu thereof. 
SEC. 110. Section 101(a)(5) of the Water Resources Development 
Act of 1996 (110 Stat. 3663) is amended— 
(1) by inserting ‘‘(A) IN
GENERAL.—’’ before ‘‘The’’; and 
(2) by adding at the end the following: 
‘‘(B) CREDIT TOWARD NON-FEDERAL SHARE.—The Sec-
retary shall credit toward the non-Federal share of the 
project the costs expended by non-Federal interests for 
the replacement and reconstruction of the Soquel Avenue 
Bridge. 
‘‘(C) MAXIMUM AMOUNT OF CREDIT.—The credit under 
paragraph (B) may not exceed $2,000,000. 
‘‘(D) LIMITATION OF TOTAL PROJECT COST.—The Sec-
retary shall not include the costs to be credited under 
paragraphs (B) and (C) in total project costs in determining 
the amounts of the Federal and non-Federal contributions.’’. 
SEC. 111. The Missouri River Levee System (MRLS) Unit L– 
385 Project, Riverside, Missouri, authorized by the Flood Control 
Act of 1941, Public Law 77–228, and the Flood Control Act of