In the Senate of the United States, 
June 25, 2018. 
Resolved, That the bill from the House of Representa-
tives (H.R. 5895) entitled ‘‘An Act making appropriations for 
energy and water development and related agencies for the 
fiscal year ending September 30, 2019, and for other pur-
poses.’’, do pass with the following 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
SEC. 1. SHORT TITLE. 
This Act may be cited as the ‘‘Energy and Water, Leg-
islative Branch, and Military Construction and Veterans 
Affairs Appropriations Act, 2019’’. 
SEC. 2. REFERENCES TO ACT. 
Except as expressly provided otherwise, any reference 
to ‘‘this Act’’ contained in any division of this Act shall 
be treated as referring only to the provisions of that divi-
sion.
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SEC. 3. REFERENCES TO REPORT. 
(a) Any reference to a ‘‘report accompanying this Act’’ 
contained in division A shall be treated as a reference to 
Senate Report 115–258. The effect of such Report shall be 
limited to division A and shall apply for purposes of deter-
mining the allocation of funds provided by, and the imple-
mentation of, division A. 
(b) Any reference to a ‘‘report accompanying this Act’’ 
contained in division B shall be treated as a reference to 
Senate Report 115–274. The effect of such Report shall be 
limited to division B and shall apply for purposes of deter-
mining the allocation of funds provided by, and the imple-
mentation of, division B. 
(c) Any reference to a ‘‘report accompanying this Act’’ 
contained in division C shall be treated as a reference to 
Senate Report 115–269. The effect of such Report shall be 
limited to division C and shall apply for purposes of deter-
mining the allocation of funds provided by, and the imple-
mentation of, division C.
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DIVISION A—ENERGY AND WATER DEVEL-
OPMENT AND RELATED AGENCIES AP-
PROPRIATIONS ACT, 2019 
The following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for en-
ergy and water development and related agencies for the 
fiscal year ending September 30, 2019, 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-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to river 
and harbor, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related efforts. 
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
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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 de-
tailed studies, and plans and specifications of projects prior 
to construction, $123,000,000, to remain available until ex-
pended. 
CONSTRUCTION 
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 
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); $2,148,000,000, 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 to cover one-half of the costs of construction, 
replacement, rehabilitation, and expansion of inland water-
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ways projects, except for Chickamauga Lock, Tennessee 
River, Tennessee, which shall be 15 percent during the fiscal 
year covered by this Act, shall be derived from the Inland 
Waterways Trust Fund, except as otherwise specifically 
provided for in law: Provided, That of the funds made 
available under this heading, $102,130,000 shall be for Ad-
ditional Funding, Inland Waterways Trust Fund Revenues, 
as designated in the report accompanying this Act: Pro-
vided further, That of the funds made available under this 
heading, $507,870,000 shall be for Additional Funding, 
Navigation, as designated in the report accompanying this 
Act of which not less than $100,000,000 shall be used for 
projects relating to deep-draft navigation. 
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, $350,000,000, 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. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, maintenance, 
and care of existing river and harbor, flood and storm dam-
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age reduction, aquatic ecosystem restoration, and related 
projects authorized by law; providing security for infra-
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, $3,740,000,000, 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 of Engineers established by the 
Land and Water Conservation Fund Act of 1965 shall be 
derived from that account for resource protection, research, 
interpretation, and maintenance activities related to re-
source 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 Public Law 104– 
303 shall be used to cover the cost of operation and mainte-
nance of the dredged material disposal facilities for which 
such fees have been collected: Provided, That 1 percent of
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the total amount of funds provided for each of the programs, 
projects, or activities funded under this heading shall not 
be allocated to a field operating activity prior to the begin-
ning 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 determines 
to be necessary and appropriate, and that the Chief of Engi-
neers shall allocate during the fourth quarter any remain-
ing 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, 
$200,000,000, to remain available until September 30, 
2020. 
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, $120,000,000, to remain available until expended. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary to prepare for flood, hurricane, 
and other natural disasters and support emergency oper-
ations, repairs, and other activities in response to such dis-
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asters as authorized by law, $35,000,000, to remain avail-
able until expended. 
EXPENSES 
For expenses necessary for the supervision and general 
administration of the civil works program in the head-
quarters of the Corps of Engineers and the offices of the 
Division Engineers; and for costs of management and oper-
ation of 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 al-
locable to the civil works program, $193,000,000, to remain 
available until September 30, 2020, of which not to exceed 
$5,000 may be used for official reception and representation 
purposes and only during the current fiscal year: Provided, 
That no part of any other appropriation provided in this 
title shall be available to fund the civil works activities of 
the Office of the Chief of Engineers or the civil works execu-
tive direction and management activities of the division of-
fices: Provided further, That any Flood Control and Coastal 
Emergencies appropriation may be used to fund the super-
vision and general administration of emergency operations, 
repairs, and other activities in response to any flood, hurri-
cane, or other natural disaster.
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OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR 
CIVIL WORKS 
For the Office of the Assistant Secretary of the Army 
for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 
$5,000,000, to remain available until September 30, 2020: 
Provided, That not more than 75 percent of such amount 
may be obligated or expended until the Assistant Secretary 
submits to the Committees on Appropriations of both 
Houses of Congress a work plan that allocates at least 95 
percent of the additional funding provided under each head-
ing in this title, as designated under such heading in the 
report of the Committee on Appropriations accompanying 
this Act, to specific programs, projects, or activities. 
GENERAL PROVISIONS—CORPS OF ENGINEERS— 
CIVIL 
(INCLUDING TRANSFER OF FUNDS) 
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 
2019, 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;
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(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 paragraphs (6) through (10), unless prior 
approval 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
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(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 
reprogramming guidelines in paragraphs (6), (7), 
and (8) shall apply to the Investigations, Construc-
tion, and Operation and Maintenance portions of the 
Mississippi River and Tributaries Account, respec-
tively; 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) DE MINIMUS REPROGRAMMINGS.—In no case 
should a reprogramming for less than $50,000 be submitted 
to the House and Senate Committees on Appropriations. 
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection 
(a)(1) shall not apply to any project or activity funded 
under the continuing authorities program. 
(d) Not later than 60 days after the date of enactment 
of this Act, the Secretary shall submit a report to the House 
and Senate Committees on Appropriations to establish the 
baseline for application of reprogramming and transfer au-
thorities for the current fiscal year which 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 applicable, and the fiscal year 
enacted level; and
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(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. 
(e) The Secretary shall allocate funds made available 
in this Act solely in accordance with the provisions of this 
Act and the report of the Committee on Appropriations ac-
companying this Act, including the determination and des-
ignation of new starts. 
(f) None of the funds made available in this title may 
be used to award or modify any contract that commits 
funds beyond the amounts appropriated for that program, 
project, or activity that remain unobligated, except that 
such amounts may include any funds that have been made 
available through reprogramming pursuant to this section. 
SEC. 102. The Secretary of the Army may transfer to 
the Fish and Wildlife Service, and the Fish and Wildlife 
Service may accept and expend, up to $5,400,000 of funds 
provided in this title under the heading ‘‘Operation and 
Maintenance’’ to mitigate for fisheries lost due to Corps of 
Engineers projects. 
SEC. 103. None of the funds in this Act shall be used 
for an open lake placement alternative for dredged material,
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after evaluating the least costly, environmentally acceptable 
manner for the disposal or management of dredged material 
originating from Lake Erie or tributaries thereto, unless it 
is approved under a State water quality certification pur-
suant to section 401 of the Federal Water Pollution Control 
Act (33 U.S.C. 1341): Provided, That until an open lake 
placement alternative for dredged material is approved 
under a State water quality certification, the Corps of En-
gineers shall continue upland placement of such dredged 
material consistent with the requirements of section 101 of 
the Water Resources Development Act of 1986 (33 U.S.C. 
2211). 
SEC. 104. None of the funds made available in this 
title may be used for any acquisition of buoy chain that 
is not consistent with 48 CFR 225.7007, subsections (a)(1) 
and (a)(2). 
SEC. 105. None of the funds made available by this 
Act may be used to require a permit for the discharge of 
dredged or fill material under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) for the activities identi-
fied in subparagraphs (A) and (C) of section 404(f)(1) of 
the Act (33 U.S.C. 1344(f)(1)(A), (C)). 
SEC. 106. Not later than 180 days after the date of 
enactment of this Act, the Secretary of the Army shall sub-
mit to Congress a report that—
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(1) describes the history of Corps of Engineers 
funding requests and actual appropriations for the 
last 10 fiscal years preceding the date of enactment 
of this Act for the flood and coastal storm damage re-
duction business line, including a list of all requests 
for coastal and inland investigations, construction, 
and operation and maintenance; 
(2) provides a definition for the terms ‘‘coastal 
project’’ and ‘‘inland project’’ that the Corps of Engi-
neers uses with respect to those projects under the 
flood and coastal storm damage reduction business 
line; 
(3) provides an analysis of the changes in the 
comparative funding for coastal projects and inland 
projects under that business line; 
(4) provides an explanation for the discrepancy 
in funding between coastal projects and inland 
projects under that business line; and 
(5) includes recommendations on ways to correct 
the discrepancy described in paragraph (4). 
SEC. 107. It is the sense of the Senate that— 
(1) ongoing construction of projects that prin-
cipally benefit urban areas, including rainfall drain-
age systems that address flood damages, should receive 
consideration for additional funding;
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(2) any additional funding described in para-
graph (1) is in addition to the budget request sub-
mitted to Congress by the President; and 
(3) the projects described in paragraph (1) 
should not be excluded from consideration for being 
inconsistent with the policy of the administration. 
SEC. 108. (a) Congress finds that— 
(1) the restoration of the Everglades, as described 
in the Comprehensive Everglades Restoration Plan 
authorized by title VI of the Water Resources Develop-
ment Act of 2000 (Public Law 106–541; 114 Stat. 
2680) (referred to in this section as the ‘‘Plan’’), is 
the most ambitious environmental restoration pro-
gram in history; 
(2) the overarching objectives of the Plan are the 
restoration, preservation, and protection of the south 
Florida ecosystem, while providing for other water-re-
lated needs of the region, including water supply and 
flood protection; 
(3) the Plan should continue to be implemented 
as authorized— 
(A) to ensure— 
(i) the protection of water quality in 
the south Florida ecosystem;
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(ii) the reduction of the loss of fresh 
water from the south Florida ecosystem; and 
(iii) the improvement of the environ-
ment of the south Florida ecosystem; and 
(B) to achieve and maintain the benefits to 
the natural system and human environment de-
scribed in the Plan; and 
(4) the equal partnership between the Federal 
Government and the State of Florida remains essen-
tial to accomplishing the objectives of the Plan. 
(b) It is the sense of the Congress that— 
(1) the discharge of excess water by the Corps of 
Engineers from Lake Okeechobee to the Caloosahatchee 
Estuary and the Indian River Lagoon represents a 
significant loss of fresh water from the South Florida 
ecosystem; 
(2) the diversion of those Lake Okeechobee dis-
charges to Plan projects or features like the Ever-
glades Agricultural Area Storage Reservoir, designed 
to store and treat water prior to release into the Cen-
tral Everglades, is an essential source of fresh water 
for meeting the objectives of the Plan; and 
(3) the Plan authorizes a 50/50 Federal-State 
cost share for all aspects of congressionally authorized