Water Infrastructure Improvements for the Nation Act (WIIN)

Updated January 6, 2017

Water Infrastructure Improvements for the Nation Act (WIIN)

The Water Infrastructure Improvements for the Nation Act

(WIIN or WIIN Act; P.L. 114-322) authorized a broad

range of water resource and water quality activities when it

was signed into law on December 16, 2016. The 115th

Congress is anticipated to debate funding for activities

authorized in WIIN, participate in congressional oversight

of WIIN implementation, and to address water resource and

water quality issues not addressed in WIIN.

WIIN: Structure and Background

WIIN combined provisions typically found in a Water

Resources Development Act (WRDA) with provisions

addressing other water issues, such as California drought,

drinking water infrastructure and emergencies, and waterrelated waste and spills concerns. These activities

historically had been authorized in separate legislation and

managed by multiple congressional committees. WIIN

compiled relatively independent water-related titles:

 Title I authorized Army Corps of Engineers (Corps)

water resource projects and activities;

 Title II addressed drinking water emergencies,

infrastructure, and coal combustion residuals (CCR,

commonly known as coal ash);

 Title III addressed selected Department of the Interior

water issues, including water project management in

California and Indian water; and

 Title IV included miscellaneous water matters, including

aquatic restoration and spill protections and recovery.

WIIN and Other Bills from the 114th Congress

Many WIIN provisions were drawn in whole or in part from

other legislation in the 114th Congress. Many provisions

addressed subjects contained in, or had similar content to,

the House or Senate versions of the Water Resources

Development Act of 2016—H.R. 5303 and S. 2848 of the

114th Congress. Unlike H.R. 5303 and S. 2848, WIIN

included provisions associated with operations of federal

and state water projects in California (Title III, Subtitle J).

While WIIN’s breadth reached beyond the activities of the

Corps (which was the sole focus of H.R. 5303), WIIN did

not share all elements of S. 2848 (which also was broader in

focus than just the Corps). For example, S. 2848 included

provisions on water quality infrastructure under the Clean

Water Act (CWA). Most of S. 2848’s CWA provisions

were not included in WIIN. Similarly, WIIN did not include

numerous other water quality infrastructure financing

provisions from S. 2848 that were not related to the CWA.

(See CRS In Focus IF10471, WRDA Legislation in the

114th Congress: Clean Water Act and Infrastructure

Financing Provisions in S. 2848 and WIIN, by Claudia

Copeland.)

WIIN Debate

Some WIIN provisions had broad support; others were

related to controversial issues and legislation. Some water

stakeholders viewed WIIN as a compromise; others

remained opposed to language included in WIIN. WIIN

topics that were controversial during the 114th Congress

included federal Endangered Species Act (ESA; P.L. 93205) implementation associated with California water

infrastructure operations; assistance for lead contamination

in Flint, Michigan; and requirements for federally supported

drinking water projects to use U.S. iron and steel.

Corps Water Resource Projects

Title I of WIIN contains 140 provisions related to Corps

projects and activities (the short title for WIIN Title I is

WRDA 2016). WIIN, like H.R. 5303 and S. 2848,

authorized new Corps water resources studies and projects

and modifications to ongoing construction projects. Each of

the new project construction authorizations was based on a

completed report by the Corps’ Chief of Engineers. WIIN

authorized 30 new construction projects at a federal cost of

more than $10 billion. Various Corps provisions in WIIN

related to how nonfederal sponsors participate in the

financing of water infrastructure activities. For example,

Section 1111 increased the federal construction cost share

for harbor deepening that occurs between 45 feet and 50

feet, at an estimated federal cost increase of $430 million

over the FY2017-FY2026 period. Other sections, such as

Sections 1127, 1166, and 1171, changed authorities for

crediting and reimbursing nonfederal entities for projectrelated expenditures. Section 1120 required a review of

Corps tribal consultation policies for projects and permits.

For more information, see CRS Insight IN10608, Army

Corps Projects and Tribal Consultation: Requirements,

Policies, and Controversy, by Nicole T. Carter.

Lead and Drinking Water Emergencies

Title II, Subtitle B, authorized disaster relief and

infrastructure assistance to address lead contamination of

drinking water but included no mandatory funding. For

states subject to a presidential emergency declaration

concerning lead in drinking water, Section 2201 authorized

appropriations of $100 million for grants to assist an

affected public water system; the grants are to be provided

through the Drinking Water State Revolving Fund

(DWSRF) program administered by the U.S. Environmental

Protection Agency (EPA). Section 2203 authorized

appropriations of $20 million for the Department of Health

and Human Services to establish (1) a voluntary leadexposure registry for a city exposed to lead contamination

in the water system and (2) an advisory committee on lead

programs and research. Another $30 million in funding was

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Water Infrastructure Improvements for the Nation Act (WIIN)

authorized to fund childhood lead poisoning prevention and

childhood health programs. Section 2202 included a sense

of Congress supporting an initial appropriation of $20

million under the Water Infrastructure Finance and

Innovation Act (WIFIA) of 2014 to be used for eligible

projects including those that address lead in drinking water.

P.L. 114-254, Continuing and Security Assistance

Appropriations Act of 2017, provided $170 million in

appropriations for WIIN, Title II, Subtitle B activities.

for WIIN noted, “... I interpret and understand Subtitle J to

require continued application and implementation of the

Endangered Species Act.” (See CRS Report RL33667,

Presidential Signing Statements: Constitutional and

Institutional Implications, by Todd Garvey.) Other WIIN

provisions related to authorities to proceed with water

projects under certain circumstances, including water

storage in western states (Section 4007), also garnered

some controversy.

Drinking Water Infrastructure

Title III also authorized additional support for Indian water

projects. Specifically, Subtitle A of Title III established a

program and fund for improving dam safety at Indian dams,

and Subtitle B created a fund for repair, replacement, and

maintenance of certain Indian irrigation projects, among

other things. Subtitles D and G authorized two Indian water

rights settlements that received hearings in the 114th

Congress: the Penchanga Water Rights Settlement and the

Blackfeet Water Rights Settlement, respectively. (See CRS

Report R44148, Indian Water Rights Settlements, by

Charles V. Stern.)

Title II, Subtitle A, included numerous amendments to the

Safe Drinking Water Act (SDWA). The provisions reflected

some, but not all, of the SDWA provisions included in S.

2848. Similar provisions were not in the Corps-focused

H.R. 5303. (See CRS In Focus IF10474, WRDA 2016:

Infrastructure, Lead, and Other Safe Drinking Water Act

Provisions in H.R. 5303 and S. 2848, by Mary Tiemann.)

Subtitle A revised the DWSRF program—the key federal

drinking water infrastructure assistance program. Section

2113 generally prohibited the use of DWSRF funds during

FY2017, unless all iron and steel products to be used in the

project are produced in the United States. In contrast, S.

2848 had not limited this provision to FY2017.

Subtitle A established grant programs for (1) projects and

activities to help small or disadvantaged water systems

comply with SDWA requirements (appropriations were

authorized at $60 million per year for FY2017-FY2021);

(2) lead reduction projects, including grants to low-income

homeowners to replace lead service lines (appropriations

were authorized at $60 million per year for FY2017FY2021); and (3) a voluntary program for testing for lead in

drinking water at schools and daycare centers (with

appropriations authorized at $20 million per year for

FY2017-FY2021). Paralleling House-passed H.R. 4470,

Subtitle A included a requirement for public notification of

lead action level exceedances and expanded EPA

notification authorities.

California Drought and Indian Water

Title III contained provisions related to diverse water

responsibilities of the Department of the Interior. Title III,

Subtitle J (titled “California Water”), received particular

attention; it addressed the drought in California by adjusting

the authorization and management of federal and state

water projects, increasing the support for new and existing

drought-related programs, and altering related fish and

wildlife management. While some Title III WIIN

provisions had widespread support, controversy persisted

over how WIIN approached ESA implementation,

particularly water management under federal biological

opinions (BiOps) designed to protect threatened Delta

smelt, endangered salmon, and other species. Supporters of

these provisions argued that WIIN’s changes would make

additional water available to users facing curtailed

allocations, without violating the ESA. Opponents

contended that the changes harm listed species and their

habitat in the short and long terms and could set a precedent

for implementing the ESA elsewhere. (See CRS Report

R44456, Central Valley Project Operations: Background

and Legislation, by Charles V. Stern, Pervaze A. Sheikh,

and Betsy A. Cody.) President’s Obama’s signing statement

Waste and Spills

WIIN contained provisions affecting the protection of

waters from wastes and recovery from spills. In recent

years, these topics received considerable public interest and

congressional scrutiny. Section 5004 addressed payment of

claims for response costs for the August 2015 Gold King

Mine incident. It also authorized long-term water quality

monitoring downstream of the mine. Section 2031 created a

mechanism to allow EPA to approve state programs

regulating coal combustion residuals and allows EPA to

regulate CCR in states that choose not to do so. (See CRS

Insight IN10585, State Programs for “Coal Ash” Disposal

in the WIIN Act, by Linda Luther.) Section 5011 modified

the applicability of EPA’s Spill Prevention, Control, and

Countermeasure regulations for farms by excluding specific

oil-storage containers from regulation. (See CRS Report

R44536, Spill Prevention, Control, and Countermeasure

(SPCC) Regulations: Background and Issues for Congress,

by Jonathan L. Ramseur.)

Ecosystem Restoration and Basin Efforts

WIIN authorized or expanded existing authorizations for

several ecosystem restoration initiatives. Section 5005

authorized the Great Lakes Restoration Initiative, an

interagency initiative coordinated by the EPA, at $300

million annually from FY2017 to FY2021. WIIN also

authorized restoration activities in the Missouri River Basin

(Section 1179), Salton Sea (Section 1181), and Chesapeake

Bay (Section 1180). Sections 5010 and 3603 authorized

restoration initiatives for the Columbia River basin and

Lake Tahoe, respectively. Title III, Subtitle E, authorized a

restoration program for the Delaware River Basin.

Nicole T. Carter, Specialist in Natural Resources Policy

Mary Tiemann, Specialist in Environmental Policy

Charles V. Stern, Specialist in Natural Resources Policy

Pervaze A. Sheikh, Specialist in Natural Resources Policy

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IF10536

Water Infrastructure Improvements for the Nation Act (WIIN)

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