(including cancellation of funds)

101a None of the funds provided in this 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;3increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval notice is received from transmitted to the House and Senate Committees on Appropriations;4proposes to uses funds directed for a specific activity for a different purpose, unless prior approval notice is received from transmitted to the House and Senate Committees on Appropriations;5 augments or reduces existing programs, projects or activities in excess of the amounts contained in subsections 6 through 10, unless prior approval notice is received from transmitted to the House and Senate Committees on Appropriations;6Investigations.--For a base level over of $100,000 or more, 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 to continue ongoing work on any program, project, or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses;7Construction.--For a base level over of $2,000,000 or more, 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 per project to settle contractor claims, address changed conditions, or satisfy real estate deficiency judgments: Provided further, That up to $300,000 may be reprogrammed into any continuing study to continue ongoing work on any program, project, or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses;8Operation and maintenance.--Unlimited reprogramming authority is granted in order Section (a) shall not apply to the reprogramming of funds that the Secretary of the Army determines is needed for the Corps to be able to respond to emergencies a flood, hurricane, or other natural disaster or to address any unacceptable risk to public safety resulting from a civil works project owned or operated by the Corps: Provided, That the Chief of Engineers Secretary 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 of $1,000,000 or more, reprogramming of 15 percent of the base amount 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 up to $150,000 may be reprogrammed into any continuing study or activity to continue ongoing work on any program, project, or study that did not receive an appropriation;9Mississippi river and tributaries.--The same reprogramming guidelines for as provided in subsections 6 through 8 above apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account as listed above; and10Formerly utilized sites remedial action program.--Reprogramming of up to 15 percent of the base of the receiving project is permitted.bDiminimus Reprogrammings.--In no case should a reprogramming for less than $50,000 be submitted to the House and Senate Committees on Appropriations.

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 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 appropriate, 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; and3 An identification of items of special congressional interest.

102 None of the funds in this Act, or previous Acts, making funds available for Energy and Water Development to the Corps, 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.

103 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 section 101 of this Act.

104 None of the funds in this Act, or previous Acts, making funds available for Energy and Water Development to the Corps, shall be used to award any continuing contract that commits additional funding from the Inland Waterways Trust Fund unless or until such time that a long-term mechanism to enhance revenues in the this Fund sufficient to meet the cost-sharing authorized in the Water Resources Development Act of 1986 (Public Law 99-662), as amended, is enacted.

105 The project for navigation, Two Harbors, Minnesota, being carried out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), and modified by section 3101 of the Water Resources Development Act of 2007 (121 Stat. 1133), is further modified to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the non-Federal share of the project the cost of planning, design, and construction work carried out by the non-Federal interest for the project before the date of execution of a partnership agreement for the project.

106 Section 154(h) of title I of division B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A-254) (as enacted into law by Public Law 106-554) is amended by striking "$40,000,000'' and inserting "$60,000,000''.

107 The Secretary is directed to use such funds as are necessary, from amounts made available in this Act under the heading "Construction'', to expedite acquisition of those properties located in the vicinity of Martin, Kentucky, that were damaged by the floodwaters in the May 2009 flood event and that fall within Phases 3 and 4 of the mandatory and voluntary acquisition elements identified in Plan A of the Chief of Engineers, Town of Martin Nonstructural Project Detailed Project Report, Appendix T, Section 202 General Plan, dated March 2000.

108 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.

109aIn 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).bExisting 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.

110 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 110-114 (121 Stat. 1233), is further amended by striking "$110,000,000'' and inserting "$200,000,000'' in lieu thereof.

111 The project for flood control, Big Sioux River and Skunk Creek, Sioux Falls, South Dakota authorized by section 101(a)(28) of the Water Resources Development 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.

112 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 following language in lieu thereof: "$75,000,000 for Montana, $25,000,000 for New Mexico''; and2 striking "$50,000,000'' and inserting "$100,000,000'' in lieu thereof.

113 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 Secretary to construct the project at a total cost of $16,500,000 with an estimated Federal cost of $10,725,000 and an estimated non-Federal cost of $5,775,000.

114 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 Secretary to construct the project at a total cost of $39,360,000 with an estimated Federal cost of $25,000,000 and an estimated non-Federal cost of $14,360,000.

115 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.

116 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 affected communities and construction of replacement facilities: 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 determined in accordance with 33 U.S.C. 2213(m).

117 Section 3111(1) of the Water Resources Development Act, 2007 (Public Law 110-114; 121 Stat. 1041) is amended by inserting after the word "before'', the following: ", on and after''.

118 The flood control project for West Sacramento, California, authorized by section 101(4), Water Resources Development Act, 1992, Public Law 102-580; Energy and Water Development Appropriations Act, 1999, Public Law 105-245, is modified to authorize the Secretary of Army, acting through the Chief of Engineers, to construct the project at a total cost of $53,040,000 with an estimated first Federal cost of $38,355,000 and an estimated non-Federal first cost of $14,685,000.

119 Section 528(b)(3)(C)(ii) of the Water Resources Development Act of 1996 (110 Stat. 3769; 121 Stat. 1270) is amended--1 in subclause (I), by striking "subclause (II)'' and inserting "subclauses (II) and (III)''; and2 by adding at the end the following:

"(III)Ten mile creek water preserve area.--The Federal share of the cost of the Ten Mile Creek Water Preserve Area may exceed $25,000,000 by an amount equal to not more than $3,500,000, which shall be used to pay the Federal share of the cost of--

"(aa) the completion of a post authorization change report; and

"(bb) the maintenance of the Ten Mile Creek Water Preserve Area in caretaker status through fiscal year 2013.''.

120 As soon as practicable after the date of enactment of this Act, from funds made available before the date of enactment of this Act for the Tampa Harbor Big Bend Channel project, the Secretary of the Army shall reimburse the non-Federal sponsor of the Tampa Harbor Big Bend Channel project for the Federal share of the dredging work carried out for the project.

121 Notwithstanding any other provision of law, including section 103(c)(4) of Public Law 99-662 (33 U.S.C. 2213(c)(4)), the cost of any work carried out heretofore or hereafter on construction of the trail system authorized for the J. Percy Priest Dam and Reservoir, Tennessee by section 5132 of Public Law 110-114 (121 Stat. 1249) shall be a Federal cost, the total of which may not exceed $10,300,000.

122 Section 3112(1) of the Water Resources Development Act, 2007 (Public Law 110-114; 121 Stat. 1041) is amended by inserting after the word "before'', the following: ", on and after''.

123 Section 805(a)(2) of Public Law 106-541 (114 Stat. 2704) is amended by striking "2010'' each place it appears and inserting "2013''.

124 The Secretary of the Army is authorized to carry out the project for storm damage reduction, Kahuku, Oahu, Hawaii, at a total cost of $6,700,000, with an estimated Federal cost of $4,360,000 and an estimated non-Federal cost of $2,340,000.

125 The Secretary of the Army is authorized to acquire 24 parcels of land consisting of approximately 235 acres located within Township 21 South, Range 28 East, Sections 25, 26, 27, 34, 35 and 36, and Township 22 South, Range 28 East, Section 3 in Tulare County, for the Dam Safety Seismic Remediation project at Success Dam on the Tule River in the State of California, authorized by section 10 of the Flood Control Act of December 22, 1944 (58 Stat. 901); Provided, That the lands shall be available for use in connection with any activity carried out at the Success Dam and Reservoir.

126 During the 1-year period beginning on the date of enactment of this Act, the Secretary of the Army shall implement measures recommended in the efficacy study, or provided in interim reports, authorized under section 3061 of the Water Resources Development Act of 2007 (121 Stat. 1121), with such modifications or emergency measures as the Secretary of the Army determines to be appropriate, to prevent aquatic nuisance species from bypassing the Chicago Sanitary and Ship Canal Dispersal Barrier Project referred to in that section and to prevent aquatic nuisance species from dispersing into the Great Lakes.

105

Of the funds previously made available for the Yazoo Basin, Backwater Pump, Mississippi project under the headings, "Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee", and "Mississippi River and Tributaries", all amounts that remain unobligated as of the effective date of this Act are hereby permanently cancelled.

(Energy and Water Development and Related Agencies Appropriation Act, 2010.)