H. R. 4818—132
evaluation of the Albuquerque levees for purposes of determining
structural integrity, impacts of vegetative growth, and performance
under current hydrological conditions: Provided further, That using
$175,000 provided herein, the Secretary of the Army, acting through
the Chief of Engineers is authorized to remove the sunken vessel
State of Pennsylvania from the Christina River in Delaware: Pro-
vided further, That the Corps of Engineers shall not allocate any
funds to deposit dredged material along the Laguna Madre portion
of the Gulf Intracoastal Waterway except at the placement areas
specified in the Dredged Material Management Plan in section
2.11 of the Final Environmental Impact Statement for Maintenance
Dredging of the Gulf Intracoastal Waterway, Laguna Madre, Texas,
Nueces, Kleberg, Kenedy, Willacy, and Cameron Counties, Texas,
prepared by the Corps of Engineers dated September 2003: Provided
further, That nothing in the above proviso shall prevent the Corps
of Engineers from performing necessary maintenance operations
along the Gulf Intracoastal Waterway if the following conditions
are met: if the Corps proposes to use any placement areas that
are not currently specified in the Dredged Material Management
Plan and failure to use such alternative placement areas will result
in the closure of any segment of the Gulf Intracoastal Waterway,
then such proposal shall be analyzed in an Environmental Impact
Statement (EIS) and comply with all other applicable requirements
of the National Environmental Policy Act, 42 U.S.C. 4321 et seq.,
and all other applicable State and Federal laws, including the
Clean Water Act, 33 U.S.C. 1251 et seq., the Endangered Species
Act, 16 U.S.C. 1531 et seq., and the Coastal Zone Management
Act, 16 U.S.C. 1451 et seq.: Provided further, That, of the funds
made available, $7,000,000 is to be used to perform work authorized
in section 136 of Public Law 108–357.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $145,000,000, 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 performed as part of
the Nation’s early atomic energy program, $165,000,000, to remain
available until expended.
GENERAL EXPENSES
For expenses necessary for general administration and related
civil works functions in the headquarters of the United States
Army Corps of Engineers, the offices of the Division Engineers,
the Humphreys Engineer Center Support Activity, the Institute
for Water Resources, the United States Army Engineer Research
and Development Center, and the United States Army Corps of
Engineers Finance Center, $167,000,000, to remain available until
expended: Provided, That no part of any other appropriation pro-
vided in title I of this Act shall be available 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 further, That none of these funds shall
H. R. 4818—133
be available to support an office of congressional affairs within
the executive office of the Chief of Engineers.
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)
For expenses necessary for the Office of Assistant Secretary
of the Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3),
$4,000,000.
ADMINISTRATIVE PROVISION
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. Beginning in fiscal year 2005 and thereafter, agree-
ments 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; sec-
tion 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 of 1992, as amended,
Public Law 102–580; section 211 of the Water Resources Develop-
ment Act of 1996, Public Law 104–303; and any other specific
project authority, shall be limited to credits and reimbursements
per project not to exceed $10,000,000 in each fiscal year, and total
credits and reimbursements for all applicable projects not to exceed
$50,000,000 in each fiscal year, except that for environmental infra-
structure projects, the $10,000,000 limitation shall apply to each
State wherein such projects are undertaken.
SEC. 102. None of the funds appropriated in this or any other
Act may be used by the United States Army Corps of Engineers
to support activities related to the proposed Ridge Landfill in
Tuscarawas County, Ohio.
SEC. 103. 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. 104. ALAMOGORDO, NEW MEXICO. The project for flood
protection at Alamogordo, New Mexico, authorized by the Flood
Control Act of 1962 (Public Law 87–874), is modified to authorize
and direct the Secretary to construct a flood detention basin to
protect the north side of the City of Alamogordo, New Mexico,
from flooding. The flood detention basin shall be constructed to
provide protection from a 100-year flood event. The project cost
share for the flood detention basin shall be consistent with section