CORPS OF ENGINEERS—CIVIL WORKS

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to [rivers and harbors] commercial navigation, flood and storm damage reduction, [shore protection,] aquatic ecosystem restoration, and related efforts. (Energy and Water Development and Related Agencies Appropriation Act, 2010.)

Federal Funds

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] $6,000,000, to remain available until expended. (Energy and Water Development and Related Agencies Appropriation Act, 2010.)

Program and Financing (in millions of dollars)

Object Classification (in millions of dollars)

CONSTRUCTION PROGRAM (Budget authority in millions of dollars)

For expenses necessary for the construction of [river and harbor] commercial navigation, flood and storm damage reduction, [shore protection,] 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); $2,031,000,000], $1,690,000,000, to remain available until expended; 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 derived from the Harbor Maintenance Trust Fund as authorized 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 waterways projects [(including only Chickamauga Lock, Tennessee; Kentucky Lock and Dam, Tennessee River, Kentucky; Lock and Dams 2, 3, and 4 Monongahela River, Pennsylvania; Markland Locks and Dam, Kentucky and Indiana; Olmsted Lock and Dam, Illinois and Kentucky; and Emsworth Locks and Dam, Ohio River, Pennsylvania)] shall be derived from the Inland Waterways Trust Fund[: Provided, That $1,500,000 of the funds appropriated under this heading in title I of division C of the Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 601-609) is transferred to the Investigations account and, in addition to funds appropriated by this Act, applied toward the cost of carrying out the Seven Oaks Water Conservation Study, California: Provided further, That the Chief of Engineers is directed to use $12,594,000 of the funds appropriated herein for the Dallas Floodway Extension, Texas, project, including the Cadillac Heights feature, generally in accordance with the Chief of Engineers report dated December 7, 1999: Provided further, That the Chief of Engineers is directed to use $1,417,000 of funds available for the Greenbrier Basin, Marlinton, West Virginia, Local Protection Project to continue engineering and design efforts, execute a project partnership agreement, and initiate construction of the project substantially in accordance with Alternative 1 as described in the Corps of Engineers Final Detailed Project Report and Environmental Impact Statement for Marlinton, West Virginia Local Protection Project dated September 2008: Provided further, That the Federal and non-Federal shares shall be determined in accordance with the ability-to-pay provisions prescribed in section 103(m) of the Water Resources Development Act of 1986, as amended: Provided further, That the Chief of Engineers is directed to use $4,000,000 of the funds appropriated herein for planning, engineering, design or construction of the Grundy, Buchanan County, and Dickenson County, Virginia, elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River Project: Provided further, That the Chief of Engineers is directed to use $2,750,000 of the funds appropriated herein to continue planning, engineering, design or construction of the Lower Mingo County, Upper Mingo County, Wayne County, McDowell County, West Virginia, elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River Project: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $9,500,000 of the funds appropriated herein for the Clover Fork, City of Cumberland, Town of Martin, Pike County (including Levisa Fork and Tug Fork Tributaries), Bell County, Harlan County in accordance with the Draft Detailed Project Report dated January 2002, Floyd County, Martin County, Johnson County, and Knox County, Kentucky, detailed project report, elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River: Provided further, That not less than $3,000,000 of the funds provided for the Levisa and Tug Forks in Kentucky shall be used for the project in the Town of Martin, Kentucky]. (Energy and Water Development and Related Agencies Appropriation Act, 2010.)

Program and Financing (in millions of dollars)

This appropriation funds the construction, replacement, rehabilitation, and expansion of water resources projects whose principal purpose is to provide commercial navigation, flood and storm damage reduction, or aquatic ecosystem restoration benefits to the Nation, and related activities. The Budget shows all funding provided through the Inland Waterways Trust Fund as well as a portion of the funding from the Harbor Maintenance Trust Fund as transferred to and executed in the Construction account.

This account allocates funds on a performance basis, which improves the overall performance of the construction program by directing funds to high-performing projects. The 2011 Budget funds those investments within the three main mission areas of the Corps, as well as hydropower, that provide the best return from a national perspective in achieving economic, environmental, and public safety objectives.

This account includes $121 million for work under the Comprehensive Everglades Restoration Plan (CERP), which represents 7 percent of the total amount in this account and 2 percent of the total amount in the civil works program. Funding CERP at this level would not have a significant impact on the overall civil works program in 2011. Future levels of construction account funding for CERP will depend on the availability of funds, and the impact of such future funding on the overall civil works program cannot be determined at this time. Funding for the Department of the Interior (DOI) includes an additional $8 million for work under CERP.

This account also includes $67 million for other ecosystem restoration work in South Florida, including the Everglades ecosystem. Funding for DOI includes $67 million for such non-CERP work.

The 2011 Budget for the two agencies includes a total of $255 million for ecosystem restoration work in South Florida, of which $121 million is for CERP and $134 million is for non-CERP work.

This appropriation also funds the Corps continuing authorities programs, which involve the planning, design, and construction of smaller scale projects that do not require specific authorizing legislation.

Object Classification (in millions of dollars)

Employment Summary

OPERATION AND MAINTENANCE PROGRAM (Budget authority in millions of dollars)

For expenses necessary for the operation, maintenance, and care of existing [river and harbor] commercial navigation, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, [$2,400,000,000] $2,361,000,000, 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 harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from the special account for the Corps established by the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-6a(i))[,] shall be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection in [the] areas managed by the Corps at which outdoor recreation is available; and of which such sums as become available from fees collected under section 217 of the Water Resources Development Act of 1996 (Public Law 104-303) shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which such fees have been collected[: Provided, That 1 percent of 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 beginning 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 Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects or activities]. (Energy and Water Development and Related Agencies Appropriation Act, 2010.)

Program and Financing (in millions of dollars)

This appropriation funds operation, maintenance, and related activities for water resources projects operated and maintained by the Corps. This work consists of dredging of navigation channels and the inspection, repair, and operation of flood and storm damage risk reduction structures such as levees and other facilities, as authorized in various River and Harbor, Flood Control, and Water Resources Development Acts. Related activities include aquatic plant control, monitoring of completed projects where appropriate, removal of sunken vessels, and the collection of domestic water and related resources statistics and data. Key infrastructure that is of central importance to the Nation and the continued safety of the public is given highest priority for funding in this account. Funding provided through the Harbor Maintenance Trust Fund is transferred primarily to and executed in the Operation and Maintenance account.

This appropriation funds all of the costs associated with protecting Corps facilities from potential security threats. It also funds the national emergency preparedness program under Executive Order 11490.

This account does not provide any funding for the operation and maintenance of completed CERP projects because the Corps has not yet completed any such projects. Therefore, funding CERP operation and maintenance at this level would not have a significant impact on the overall civil works program. The work scheduled for CERP over the next couple of years will involve the construction of some projects, but not their operation and maintenance. Future levels of funding for CERP operation and maintenance will depend on the pace of project construction and availability of funds. The impact of such future funding on the overall civil works program cannot be determined at this time.

Object Classification (in millions of dollars)

Employment Summary

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

MISSISSIPPI RIVER AND TRIBUTARIES PROGRAM [Budget authority in millions of dollars]

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, [$340,000,000] $240,000,000, 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 harbors shall be derived from the Harbor Maintenance Trust Fund[: Provided, That the Secretary of the Army, acting through the Chief of Engineers is directed to use $9,661,000 appropriated herein for construction of water withdrawal features of the Grand Prairie, Arkansas, project]. (Energy and Water Development and Related Agencies Appropriation Act, 2010.)

Program and Financing (in millions of dollars)

This appropriation funds planning, construction, and operation and maintenance activities associated with projects to reduce the risk of flood damage in the lower Mississippi River alluvial valley below Cape Girardeau, Missouri.

Object Classification (in millions of dollars)

Employment Summary

For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $30,000,000, to remain available until expended.

Program and Financing (in millions of dollars)

This appropriation funds the planning, training, exercises, and other preparedness measures that ensure the readiness of the Corps to respond to floods, hurricanes, and other natural disasters, and to support emergency operations in response to such natural disasters, including advance measures, flood fighting, emergency operations, providing potable water on an emergency basis, and the repair of certain flood and storm damage reduction projects. The funding in the 2011 Budget is for preparedness and training activities.

Object Classification (in millions of dollars)

Employment Summary

INVESTIGATIONS PROGRAM [Budget authority in millions of dollars]

For expenses necessary where authorized by law for the collection and study of basic information pertaining to [river and harbor] commercial navigation, flood and storm damage reduction, [shore protection,] aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed [river and harbor] commercial navigation, flood and storm damage reduction, [shore protection,] and aquatic ecosystem restoration projects and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations [and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction], [$160,000,000] $104,000,000, to remain available until expended. (Energy and Water Development and Related Agencies Appropriation Act, 2010.)

Program and Financing (in millions of dollars)

This appropriation funds studies to determine the need, engineering feasibility, and economic and environmental return to the Nation of potential solutions to water and related land resource problems; and preconstruction engineering and design, data collection, interagency coordination, and research. The Budget includes funding for the study and design of additional projects, while focusing resources on the projects with the best prospects for providing a high net economic or environmental return to the Nation.

Object Classification (in millions of dollars)

Employment Summary

For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, [$190,000,000] $193,000,000, to remain available until expended. (Energy and Water Development and Related Agencies Appropriation Act, 2010.)

Program and Financing (in millions of dollars)

This appropriation provides funds to administer the laws pertaining to the regulation of activities affecting U.S. waters including wetlands, in accordance with the Rivers and Harbors Appropriation Act of 1899, the Clean Water Act of 1972, and the Marine Protection, Research and Sanctuaries Act of 1972.

The requested funds are needed to review and process permit applications, ensure compliance on permitted sites, and protect important aquatic resources.

Object Classification (in millions of dollars)

Employment Summary

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, [$134,000,000] $130,000,000, to remain available until expended. (Energy and Water Development and Related Agencies Appropriation Act, 2010.)

Program and Financing (in millions of dollars)

This appropriation funds the cleanup of certain low-level radioactive materials and mixed wastes, located mostly at sites contaminated as a result of the Nation's early efforts to develop atomic weapons.

Object Classification (in millions of dollars)

Employment Summary

For expenses necessary for the supervision and general administration of the civil works program in [the] Corps headquarters [of the United States Army Corps of Engineers] and [the] division offices [of the Division Engineers]; and for the management and operation costs allocable to the civil works program 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, $185,000,000, to remain available until expended, 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 [I of this Act] shall be available to fund the [civil works] above 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 any Flood Control and Coastal Emergencies appropriation may be used to fund the supervision and general administration of emergency operations, repairs, and other activities in response to any flood, hurricane, or other natural disaster. (Energy and Water Development and Related Agencies Appropriation Act, 2010.)

Program and Financing (in millions of dollars)

The Expenses appropriation funds the command and control, policy and guidance, program management, national and regional coordination, and quality assurance for the civil works program. These activities are carried out by Corps headquaters and eight division offices:

Headquarters.—This office provides executive direction and management for the civil works program.

Offices of the Division Engineers.—Eight of the nine Corps division offices provide quality assurance for and supervise work of the 38 district offices that have civil works responsibilities.
The Expenses appropriation also funds the management and operation costs allocable to the civil works program of Corps-wide support facilities including:

Institute for Water Resources.—This institute performs studies and analyses on a wide range of water resources issues and develops project planning techniques.

Engineering Research and Development Center.—This center operates seven labs and conducts research and development for the Corps and other agencies.

Finance Center.—This center supports all Corps finance and accounting activities.

Humphreys Engineer Center Support Activity.—This field operating activity of the Corps provides day-to-day operational support services to the Corps.

Object Classification (in millions of dollars)

Employment Summary

Program and Financing (in millions of dollars)

This fund makes payments to the South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund, established by the Omnibus Appropriations Act of 1999 (P.L. 105-277). This fund no longer receives funds from the General Fund, pursuant to the Water Resources Development Act of 1999 (P.L. 106-53).

Program and Financing (in millions of dollars)

The Washington Aqueduct supplies drinking water to customers in three jurisdictions: the District of Columbia; Arlington County, Virginia; and the city of Falls Church, Virginia. Although the Aqueduct is owned and operated by the Corps, the customers finance the operation, maintenance, and capital improvement of Aqueduct facilities. Under current law, the Aqueduct's customers are required to pay in advance the full cost of capital improvements at the Aqueduct.

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

This account covers the following three permanent appropriations:

Hydraulic mining debris reservoir.—The Corps uses fees collected from Pacific Gas and Electric Company to help maintain the Englebright Dam, Yuba River, California, mine debris restraining works and associated hydropower generation facilities. (33 U.S.C. 683)

Maintenance and operation of dams and other improvements of navigable waters.—The Corps uses its share of certain fees levied by the Federal Energy Regulatory Commission (on the private use of Federal property, including facilities and land; private construction and operation of water management and appurtenant facilities; and private benefit from headwater improvement by others) for construction, operation, and maintenance of Federal water management facilities. (16 U.S.C. 810(a))

Payments to States.—In lieu of taxes, the Corps pays to States three-fourths of the rent received from the lease of Federal lands acquired for flood control, navigation, and allied purposes. (33 U.S.C. 701c-3)

Object Classification (in millions of dollars)

Employment Summary

Program and Financing (in millions of dollars)

This revolving fund provides for the acquisition, operation, and maintenance of plant and equipment used by the civil works program and for temporary financing of services chargeable to the civil works program. The fund also initially finances district operating expenses which the districts later reimburse with project-specific funds. In addition, payments are made into the fund when other agencies or entities use plant and equipment acquired by the fund.

Object Classification (in millions of dollars)

Trust Funds

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

The Harbor Maintenance Trust Fund is authorized under the Harbor Maintenance Revenue Act of 1986 (P.L. 99-662, Title XIV), as amended. Revenue is derived from a 0.125 percent ad valorem tax imposed upon commercial users of specified U.S. ports, Saint Lawrence Seaway tolls, and investment interest. The Budget shows all funding provided through the Harbor Maintenance Trust Fund as transferred to and executed in the Construction, Operation and Maintenance, and Mississippi River and Tributaries accounts.

The Harbor Maintenance Revenue Act authorized expenditures from this fund to finance up to 100 percent of Corps harbor operation and maintenance costs, including the operation and maintenance of Great Lakes navigation projects. The fund fully finances the operation and maintenance of the Saint Lawrence Seaway Development Corporation. Section 201 of the Water Resources Development Act of 1996 (P.L. 104-303) authorized the fund to pay the Federal share of the costs for the construction of dredged material disposal facilities that are necessary for the operation and maintenance of coastal or inland harbors, the dredging and disposal of contaminated sediments that are in or affect the operation and maintenance of Federal navigation channels, the mitigation of impacts resulting from Federal navigation operation and maintenance activities, and the operation and maintenance of dredged material disposal facilities for which fees have been collected and deposited in the fund.

The North American Free Trade Agreement Implementation Act (P.L. 103-182, section 683) authorized payment from the fund of administrative expenses incurred by the Department of the Treasury, the Corps, and the Department of Commerce related to administration of the harbor maintenance tax, but not to exceed $5 million in any fiscal year.

A 1995 United States Court of International Trade decision, United States Shoe Corp. v. United States (Case No. 94-11-00668), found the harbor maintenance tax unconstitutional under the export clause of the Constitution (Article I, section 9, clause 5), and enjoined the Customs Service from collecting the tax on exports. The Supreme Court affirmed that decision on March 31, 1998.

Object Classification (in millions of dollars)

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

The Inland Waterways Trust Fund is authorized under the Inland Waterways Revenue Act of 1978 (P.L. 95-502), as amended by the Water Resources Development Act of 1986 (P.L. 99-662). The fund is used to pay one half of the costs associated with the construction, replacement, rehabilitation, and expansion of Federal inland waterways projects.

Revenue currently is derived from an excise tax imposed on diesel fuel for commercial vessels engaged in inland waterways transportation, plus investment interest. The Administration is proposing the adoption of a new funding mechanism, which would replace the fuel tax.

The Budget shows all funding provided through the Inland Waterways Trust Fund as transferred to and executed in the Construction account.

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

Funds are contributed by non-Federal interests for use on improvements of rivers and harbors. This includes cost-sharing contributions for the study, design, construction, and operation and maintenance of authorized Federal projects, as well as contributions of 100 percent of the costs of certain other work.

Object Classification (in millions of dollars)

Employment Summary