195 
study or activity is allowed: Provided further, That 
for a base level less than $1,000,000, the re-
programming limit is $150,000: Provided further, 
That $150,000 may be reprogrammed into any con-
tinuing study or activity that did not receive an ap-
propriation; 
(9) MISSISSIPPI
RIVER
AND
TRIBUTARIES.— 
The same reprogramming guidelines for the Inves-
tigations, Construction, and Operation and Mainte-
nance portions of the Mississippi River and Tribu-
taries Account as listed above; and 
(10) FORMERLY UTILIZED SITES REMEDIAL AC-
TION PROGRAM.—Reprogramming of up to 15 per-
cent of the base of the receiving project is permitted. 
(b) CONTINUING
AUTHORITIES
PROGRAM.—Sub-
section (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 enact-
ment of this Act, the Corps of Engineers shall submit a 
report to the House and Senate Committees on Appropria-
tions to establish the baseline for application of re-
programming and transfer authorities for the current fis-
cal year: Provided, That the report shall include: 
(1) A table for each appropriation with a sepa-
rate column to display the President’s budget re-
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196 
quest, 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: 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 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. 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 As-
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sistant Secretary of the Army (Civil Works) shall submit 
the report to the appropriate authorizing and appro-
priating committees of the Congress. 
SEC. 105. WATER
REALLOCATION, LAKE
CUM-
BERLAND, KENTUCKY. (a) IN GENERAL.—Subject to sub-
section (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 Cum-
berland, 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. 106. Section 121 of the Energy and Water De-
velopment 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 as-
sessments, or technical studies at 100 percent Federal ex-
pense to accomplish the purposes of the 2003 Biological 
Opinion described in section 205(b) of the Energy and 
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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 
collaborative 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 Spe-
cies 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 Pro-
gram, which shall not be subject to cost sharing require-
ments with non-Federal interests.’’. 
SEC. 107. 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 Water-
way Trust Fund unless or until such time that a perma-
nent 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 
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