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 [river and harbor] commercial navigation, flood and storm damage reduction, [shore protection,] aquatic ecosystem restoration, and related efforts.

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), $4,750,000], $5,000,000, to remain available until [September 30, 2017: Provided, That not more than 50 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 heading in this title (as designated under such heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act)) to specific programs, projects, or activities] expended. (Energy and Water Development and Related Agencies Appropriations Act, 2016.)

Program and Financing (in millions of dollars)

This appropriation funds strategic planning for and overall supervision of the Army's civil works program.

For expenses necessary for the construction of [river and harbor] commercial navigation, flood and storm damage reduction, [shore protection,] and aquatic ecosystem restoration projects, and related [projects authorized by law] efforts; for [conducting detailed] studies, design work, 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); $1,862,250,000], and related efforts, $1,090,000,000, 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 shall be derived from the Inland Waterways Trust Fund, except as otherwise specifically provided for in law [: Provided, That the Secretary may initiate up to, but not more than, six new construction starts during fiscal year 2016: Provided further, That the new construction starts will consist of five projects where the majority of the benefits are derived from navigation transportation savings or from flood and storm damage reduction and one project where the majority of the benefits are derived from environmental restoration: Provided further, That for new construction projects, project cost sharing agreements shall be executed as soon as practicable but no later than August 31, 2016: Provided further, That no allocation for a new start shall be considered final and no work allowance shall be made until the Secretary provides to the Committees on Appropriations of the House of Representatives and the Senate an out-year funding scenario demonstrating the affordability of the selected new starts and the impacts on other projects: Provided further, That the Secretary may not deviate from the new starts proposed in the work plan, once the plan has been submitted to the Committees on Appropriations of the House of Representatives and the Senate]. (Energy and Water Development and Related Agencies Appropriations Act, 2016.)

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 efforts. 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 to high-performing projects. The Budget funds those investments within the three main mission areas of the Corps civil works program — commercial navigation, flood and storm damage reduction, and aquatic ecosystem restoration — as well as related efforts (such as hydropower at multi-purpose dams) that provide the best economic, environmental, and public safety returns to the Nation.

This account includes $75 million for work under the Comprehensive Everglades Restoration Plan (CERP), which represents approximately 7 percent of the total amount in this account and approximately 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 2017. Construction account funding for CERP in future years will depend on the availability of funds, so 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 approximately $31 million for other ecosystem restoration work by the Corps in South Florida, including the Everglades ecosystem. Funding for DOI includes $55 million for such non-CERP work. The Budget for the two agencies includes a total of $169 million for ecosystem restoration work in South Florida, of which $83 million is for CERP and $86 million is for non-CERP work.

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

Object Classification (in millions of dollars)

Employment Summary

For expenses necessary for the operation, maintenance, and care of existing [river and harbor] commercial navigation, flood and storm damage reduction, and aquatic ecosystem restoration projects, and related [projects authorized by law] efforts; 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, [$3,137,000,000] $2,705,000,000, 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 Army 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 resource protection in the areas managed by the Army Corps of Engineers 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 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 Appropriations Act, 2016.)

Program and Financing (in millions of dollars)

This appropriation funds inspection, operation, maintenance, and related activities for water resources projects operated and maintained by the Corps. These projects include navigation channels, navigation locks and dams, structures to reduce the risk of flood and storm damage (e.g., levees), and multi-purpose projects, as authorized in River and Harbor, Flood Control, and Water Resources Development Acts and other laws. Key infrastructure that is of central importance to the Nation and the continued safety of the public is given the highest priority for funding in this account. The Budget shows a portion of the funding provided through the Harbor Maintenance Trust Fund as transferred to and executed in the Operations 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 provides $300 thousand for operation and maintenance of ecosystem restoration work in South Florida. None of these funds is for CERP work. The operation and maintenance funding of CERP and non-CERP work is expected to slowly increase over time as construction projects are completed. The future impact of this on the civil works program is therefore linked in part to the pace of construction, which depends on the availability of funding and 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)

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, $345,000,000] $222,000,000, 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. (Energy and Water Development and Related Agencies Appropriations Act, 2016.)

Program and Financing (in millions of dollars)

This appropriation funds planning, design, 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. The Budget shows a portion of the funding provided through the Harbor Maintenance Trust Fund as transferred to and executed in the Mississippi River and Tributaries account.

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, $28,000,000], $30,000,000, to remain available until expended. (Energy and Water Development and Related Agencies Appropriations Act, 2016.)

Program and Financing (in millions of dollars)

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

Object Classification (in millions of dollars)

Employment Summary

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] the development, management, protection, and restoration of water resources; for [surveys and detailed] studies, design work, 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 related efforts; and for miscellaneous investigations, [and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $121,000,000]$85,000,000, to remain available until expended [: Provided, That the Secretary may initiate up to, but not more than, 10 new study starts during fiscal year 2016: Provided further, That the new study starts will consist of seven studies where the majority of the benefits are derived from navigation transportation savings or from flood and storm damage reduction and three studies where the majority of benefits are derived from environmental restoration: Provided further, That the Secretary shall not deviate from the new starts proposed in the work plan, once the plan has been submitted to the Committees on Appropriations of the House of Representatives and the Senate]. (Energy and Water Development and Related Agencies Appropriations Act, 2016.)

Program and Financing (in millions of dollars)

This appropriation funds studies to determine the engineering feasibility, economic and environmental return to the Nation, and public safety impacts of potential solutions to water and related land resources problems; preconstruction engineering and design; and related data collection, interagency coordination, and research.

Object Classification (in millions of dollars)

Employment Summary

For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $200,000,000, to remain available until [September 30, 2017] expended. (Energy and Water Development and Related Agencies Appropriations Act, 2016.)

Program and Financing (in millions of dollars)

This appropriation provides funds to administer the laws and regulations pertaining to 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, [$112,000,000] $103,000,000, to remain available until expended. (Energy and Water Development and Related Agencies Appropriations Act, 2016.)

Program and Financing (in millions of dollars)

This appropriation funds the clean-up 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 Army Corps of Engineers headquarters [of the Corps of Engineers] and [the] division offices [of the Division Engineers]; and for costs allocable to the civil works program of management and operation 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 [allocable to the civil works program, $179,000,000], $180,000,000, to remain available until [September 30, 2017] 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 shall be available to fund [the civil works] such activities [of the Office of the Chief of Engineers or the civil works executive direction and management activities of the] in the Army Corps of Engineers headquarters and 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 Appropriations Act, 2016.)

Program and Financing (in millions of dollars)

This 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 headquarters and eight division offices:

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

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

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

Engineer 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.—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)

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. The Aqueduct's customers also pay in advance the full cost of capital improvements.

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

This account covers 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 leasing of lands acquired for flood control, navigation, and allied purposes, including the development of hydroelectric power. (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 Corps district office 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)

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

Funds in this account are collected from the sale of interagency America the Beautiful National Parks and Federal Recreational Lands Passes as authorized in the Water Resources Reform and Development Act of 2014 (P.L. 113–121, section 1048). The Corps sells and distributes the passes to the public at over 200 Corps locations and deposits the funds into this account. The funds are expended as allowed by the Federal Lands Recreation Enhancement Act at the locations where they are collected.

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

Funds in this account are collected from the issuance of special use permits for activities, events, facility use, and other specialized recreation uses, as authorized in the Water Resources Reform and Development Act of 2014 (P.L. 113–121, section 1047(a)). These funds are expended on labor, vehicle costs, materials, supplies, utilities, and other costs associated with administering the special permits and carrying out related operation and maintenance activities at the site where the fees are collected.

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 authorizes expenditures from this fund to finance up to 100 percent of eligible Corps harbor operation and maintenance costs, including the operation and maintenance of Great Lakes navigation projects. The fund fully finances eligible operation and maintenance costs of the Saint Lawrence Seaway Development Corporation. The Water Resources Development Act of 1996 (P.L. 104–303, section 201) authorizes 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.

The North American Free Trade Agreement Implementation Act (26 U.S.C. 9505(c)(3)) authorizes the fund to pay all expenses of administration incurred by the Department of the Treasury, the Corps, and the Department of Commerce related to the administration of the harbor maintenance tax (under 26 U.S.C. 4461 et seq.), but not in excess of $5 million for any fiscal year.

In 1998, the U.S. Supreme Court excluded all U.S. exports from the harbor maintenance tax. The Court found that the tax violated Article I, section 9, clause 5 of the constitution because the value of the cargo, which is the basis for calculating this tax, does not fairly match the use of port services and facilities by exporters.

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, except as otherwise specifically provided for in law. Under current law, revenue is derived from an excise tax imposed on diesel fuel for commercial vessels on most of the inland waterways, plus investment interest. 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)