Page:United States Statutes at Large Volume 123.djvu/625

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123STA T .605PUBLIC LA W 111 –8—M A R .11 , 200 9OF F ICE OF AS SIS T A N T SEC R ETAR Y OFT H EAR M Y ( CI V I LW OR K S )FortheOf f ic eof As sist an t S ecretar y of the Ar m y (C i v i lW or k s ) asa u thori z e db y 10U. S.C. 3 01 6 (b)(3) ,$4 , 5 00,000, to remain avail - able until e xp ended. A D MINISTRATIVE P ROVISION T he R evolvin g Fund, Corps of E ngineers, shall be available during the current fiscal year for purchase (not to exceed 100 for replacement only) and hire of passenger motor vehicles for the civil w orks program. G ENERAL PROVISIONS, CORPS OF ENGINEERS — CIVIL SEC. 101. (a) N one 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 2 00 9 , shall be available for obligation or expenditure through a reprogramming of funds that

(1) creates or initiates a new program, pro j ect, or activity

(2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the H ouse 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 contained in subsections 6 through 10, unless prior approval is received from the House and Senate Committees on Appropriations; (6) INVESTIGATIONS.—For a base level over $100,000, re- programming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provide d , That for a base level less than $100,000, the reprogramming limit is $25,000; Provided fu r th er, That up to $25,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; ( 7 ) CONSTR U CTION.—For a base level over $2,000,000, re- programming 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 contractor claims, changed condi- tions, or real estate deficiency judgments: Provided further, That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; ( 8 ) OPERATION AND MAINTENANCE.—Unlimited reprogram- ming authority is granted in order for the Corps to be able to respond to emergencies: Provided, That the Chief of Engi- neers must notify the House and Senate Committees on Appro- priations of these emergency actions as soon thereafter as prac- ticable: Provided further, That for a base level over $1,000,000, Notif i ca tio n.Repr o g ra m ming a u t h orit y .