Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

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Water Resources Reform and Development

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Summary

The Water Resources Reform and Development Act of 2014 (WRRDA 2014, P.L. 113-121)

became law on June 10, 2014. The conference report, H.Rept. 113-449, resolved differences

between H.R. 3080, the Water Resources Reform and Development Act of 2013 (WRRDA 2013),

and S. 601, the Water Resources Development Act of 2013 (WRDA 2013). Both bills represented

omnibus authorization legislation for water resource activities, principally associated with the

U.S. Army Corps of Engineers (Corps).

Authorizing and Deauthorizing Projects. WRRDA 2014 authorized 34 construction projects

totaling $25.65 billion ($15.64 billion federal, $10.01 billion nonfederal). It established expedited

House and Senate procedures for bills authorizing construction projects meeting specified criteria.

It requires an annual report from the Administration identifying proposed new studies, completed

feasibility reports, and project modification reports. WRRDA 2014 also authorized a process to

deauthorize previously authorized projects with federal costs to complete totaling $18 billion; the

process will be led by the Administration, with opportunities for public input and congressional

disapproval.

Expediting Studies, Environmental Reviews, and Permits. The conference report, like H.R.

3080 and S. 601, aimed to expedite Corps studies and compliance with applicable environmental

laws, including the National Environmental Policy Act (NEPA). It raised the project cost trigger

for independent peer review of feasibility studies from $45 million to $200 million.

Expanding Project Delivery and Financing Opportunities. The conference report, like H.R.

3080 and S. 601, encouraged nonfederal opportunities in delivering water resources projects. It

expanded opportunities for crediting for nonfederal work, financial, and study and project

management. Like S. 601, the conference report established a pilot program known as the Water

Infrastructure Finance and Innovation Act (WIFIA) to finance water infrastructure projects. The

Corps and the U.S. Environmental Protection Agency are responsible for administering the

WIFIA pilot program.

Investing in Navigation. WRRDA 2014 encouraged increased spending from the Harbor

Maintenance Trust Fund (HMTF). It modified prioritization of HMTF funding among different

types of harbors but retains similar provisions contained in H.R. 3080 and S. 601 reserving

certain portions of funds to harbors with less cargo. The conference report, like H.R. 3080 and S.

601, did not enact changes to inland waterway revenues in general but increased the threshold for

major rehabilitation efforts on inland waterways, authorized changes to waterway project

delivery, and altered the cost-share for one project (Olmsted Locks and Dam). These changes may

increase the likelihood of Inland Waterways Trust Fund (IWTF) monies being available for use

on other inland waterway construction projects.

Reducing Flood Risks. WRRDA 2014 authorized establishment of a levee safety initiative—a

scaled-down version of S. 601 provisions—expanding Corps technical assistance and training to

promote levee safety, Federal Emergency Management Agency (FEMA) assistance in

establishing or improving state and tribal levee safety programs, and Corps levee rehabilitation

assistance. Like H.R. 3080 and S. 601, WRRDA 2014 required the Corps to develop national

levee safety guidelines and review.

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Restoring and Protecting Aquatic Ecosystems. WRRDA 2014 provided congressional direction

on various efforts for regional river and coastal restoration (e.g., Chesapeake Bay, North Atlantic

coastal restoration) and authorized the construction of projects which have previously been

studied in the Everglades and Coastal Louisiana, among other places. It also added to Corps

authorities for the prevention, control, and eradication of invasive species.

Addressing Other Issues. WRRDA 2014 included provisions amending the applicability of the

scope of the Environmental Protection Agency’s oil spill prevention, control, and countermeasure

regulations, by exempting certain farms from the requirements. It also included amendments to

certain water infrastructure provisions of the Clean Water Act (CWA). These CWA provisions,

while representing the first amendments to CWA Title VI since 1987, did not address many of the

more long-standing or controversial CWA issues. WRRDA 2014 did not include the ocean-related

provisions of H.R. 3080 and S. 601. Instead, it authorized the Corps studies and limited

construction of Corps projects to enhance ocean and coastal ecosystem resiliency.

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Contents

WRRDA Conference Report Developments ................................................................................... 1

Comparison of H.R. 3080, S. 601, and Conference Report ............................................................. 3

Expediting Studies, Environmental Reviews, and Permits .............................................................. 4

Corps Studies ............................................................................................................................. 6

Environmental Reviews............................................................................................................. 7

Corps Permitting...................................................................................................................... 10

Expanding Project Delivery and Finance Opportunities................................................................ 16

Nonfederal Work and Leadership on Studies and Projects ...................................................... 16

Water Infrastructure Finance and Innovation Act (WIFIA)..................................................... 16

Authorizing Projects and Managing Subsequent Authorizations .................................................. 26

Project Authorizations and Authorized Project Purposes ........................................................ 26

Subsequent Authorization Processes ....................................................................................... 27

New Studies....................................................................................................................... 27

New Project Authorizations and Modifications of Project Scope ..................................... 27

Project Cost Modifications and Project Modifications ..................................................... 28

Investing in Navigation.................................................................................................................. 33

Harbors .................................................................................................................................... 33

Inland Waterways .................................................................................................................... 34

Reducing Flood Risks .................................................................................................................... 40

Restoring and Protecting Aquatic Ecosystems .............................................................................. 47

Ecosystem Restoration ............................................................................................................ 47

Invasive Species ...................................................................................................................... 48

Deauthorizing Projects and Managing the Backlog....................................................................... 51

Addressing Other Issues ................................................................................................................ 54

Oil Spill Prevention on Farms ................................................................................................. 54

Clean Water Act Amendments ................................................................................................. 54

Ocean Policy............................................................................................................................ 55

Tables

Table 1. Provisions Covered by CRS Report ................................................................................... 4

Table 2. Select Expediting Study and Permit Provisions ............................................................... 11

Table 3. Select Provisions Intended to Expedite Environmental Reviews .................................... 13

Table 4. Select Provisions to Expand Project Delivery and Financing Opportunities ................... 18

Table 5. Select WIFIA Provisions .................................................................................................. 23

Table 6. Select Project Authorization Provisions ........................................................................... 30

Table 7. Select Provisions on Subsequent Authorizations of Studies, Projects, and Project

Modifications .............................................................................................................................. 31

Table 8. Select HMTF Provisions .................................................................................................. 36

Table 9. Select Inland Waterways Provisions ................................................................................ 39

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Table 10. Select Flood Safety Provisions ...................................................................................... 42

Table 11. Select Ecosystem Restoration and Invasive Species Provisions .................................... 49

Table 12. Select Provisions on Deauthorization and Managing the Backlog ................................ 52

Table 13. Select Ocean Policy, Oil Spill Prevention, and Clean Water Act Provisions ................. 56

Table A-1. Crosswalk of P.L. 113-121, H.R. 3080, and S. 601 Bill Titles ..................................... 59

Appendixes

Appendix. Crosswalk of Titles and Subtitles of P.L. 113-121, H.R. 3080, and S. 601 ................. 59

Contacts

Author Contact Information........................................................................................................... 60

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

WRRDA Conference Report Developments

The Water Resources Reform and Development Act of 2014 (WRRDA 2014, P.L. 113-121)

became law on June 10, 2014. Its conference report, H.Rept. 113-449, resolved differences

between the House-passed H.R. 3080, the Water Resources Reform and Development Act of

2013 (WRRDA 2013), and the Senate-passed S. 601, the Water Resources Development Act of

2013 (WRDA 2013).1 The conference report adopted Water Resources Reform and Development

Act for the act’s title. Both H.R. 3080 and S. 601 represented omnibus authorization legislation

focused on water resource activities, principally of the U.S. Army Corps of Engineers, and a few

other environmental issues. The bills addressed many similar issues, but often used different

means. During the House and Senate deliberations, some Members expressed frustration with

how long Corps projects take. Some Members also expressed interest in authorizing new projects

and deauthorizing older unconstructed projects. Some Members wanted more prominent

nonfederal roles. Others supported more funding for harbor maintenance and improved inland

waterway construction. The earmark debate and concerns about congressional roles also shaped

each bill’s approach. The Administration provided comments during congressional deliberations.

The two most recent communications consisted of a December 11, 2013, letter from the Assistant

Secretary of the Army (Civil Works), hereinafter referred to as the ASA, to the conference

managers;2 and Army Corps testimony before the U.S. House Committee on Transportation and

Infrastructure (T&I), Subcommittee on Water Resources and Environment, on April 29, 2014.

Authorizing Projects. WRRDA 2014 authorized a fixed set of 34 new construction projects

totaling $25.65 billion ($15.64 billion in federal costs and $10.01 billion in nonfederal costs)3 and

increased the authorization of appropriations for eight previously authorized projects. It

established expedited House procedures for the remainder of the 113th Congress and expedited

Senate procedures through 2018 for bills authorizing construction projects that meet specified

criteria. It requires an “Annual Report” from the ASA to Congress identifying proposed new

studies (including studies proposed by nonfederal entities) and completed feasibility and project

modification reports. When the Senate passed S. 601 on May 15, 2013, there were an estimated

19 construction projects representing approximately $10.8 billion ($6.3 billion federal and $4.5

billion nonfederal) that appeared to meet the new project authorization criteria in S. 601. When

the House passed H.R. 3080 on October 23, 2013, it would have authorized a fixed set of 23 new

construction projects at a total cost of $13.0 billion ($7.7 billion in federal costs and $5.3 billion

in nonfederal costs). WRRDA 2014 included no comparable title to Title III of S. 601, Project

Modifications.

1

On October 31, 2013, the Senate considered H.R. 3080, and replaced the text passed by the House with the text of S.

601 as passed by the Senate. The Senate insisted on its amendment and requested a conference. While the House and

Senate versions of H.R. 3080 were the basis for conference, this report compares H.R. 3080 as passed by the House and

S. 601 as passed by the Senate, which is identical to the Senate version of H.R. 3080.

2

Letter from Jo-Ellen Darcy, Assistant Secretary of the Army, Civil Works, to Senator Barbara Boxer, Senator David

Vitter, Representative Bill Shuster, and Representative Nick J. Rahall, II, December 11, 2013, http://www.eenews.net/

assets/2013/12/12/document_daily_03.pdf; hereinafter ASA’s December 2013 letter to conference managers.

3

These amounts represent the project construction cost (including beach nourishment); they do not include operation

and maintenance. These amounts do not represent the same information as a CBO score of the potential budget impact

of authorizing these projects.

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Expediting Studies, Environmental Reviews, and Permits. P.L. 113-121, like H.R. 3080 and S.

601, encouraged completion of Corps studies within three years, limited study costs, and

established new procedures intended to expedite Corps completion of environmental compliance

requirements, including the National Environmental Policy Act (NEPA). Independent peer review

was among the “reforms” adopted in WRDA 2007 (P.L. 110-114). WRRDA 2014’s conference

report raised the standard threshold for performing an independent peer review of a feasibility

study from $45 million total project costs to $200 million, and extend applicability of the review

requirement to studies initiated through 2019.

Expanding Project Delivery and Financing Opportunities. WRRDA 2014, like H.R. 3080 and

S. 601, encouraged nonfederal opportunities in delivering water resources projects through

provisions on crediting for nonfederal work and increasing opportunities for nonfederal

contributions and nonfederal study and project management. It required the ASA to establish a

five-year pilot program for nonfederal management of studies and a five-year pilot program of 15

projects for nonfederal management of project construction. It also consolidated various

authorities under which nonfederal entities can perform construction on water resources projects

and allow the federal share of construction costs to be reimbursed or credited (and credit

transferred to other projects). Like S. 601, WRRDA 2014 established a pilot program known as

the Water Infrastructure Finance and Innovation Act (WIFIA) to finance water infrastructure

projects. The Corps and the U.S. Environmental Protection Agency (EPA) are responsible for

administering the pilot program.

Investing in Navigation. WRRDA 2014, like H.R. 3080 and S. 601, encouraged increased

spending from the Harbor Maintenance Trust Fund (HMTF). As in S. 601, the enacted legislation

eliminated the 50% nonfederal cost sharing requirement for harbor maintenance between 45 and

50 feet deep. It modified prioritization of HMTF funding among different types of harbors but

retained similar provisions contained in H.R. 3080 and S. 601 reserving certain portions of funds

to harbors with less cargo. The final legislation, like H.R. 3080 and S. 601, did not enact changes

to inland waterway revenues in general but increased the threshold for major rehabilitation efforts

on inland waterways, authorized changes to waterway project delivery, and altered the cost-share

for one project (Olmsted Locks and Dam). These changes may increase the likelihood of Inland

Waterways Trust Fund (IWTF) monies being available for use on other inland waterway

construction projects.

Reducing Flood Risks. P.L. 113-121 authorized establishment of a levee safety initiative that

expanded Corps technical assistance and training to promote levee safety, expanded Federal

Emergency Management Agency (FEMA) assistance in establishing or improving state and tribal

levee safety programs, and expanded Corps authority to provide levee rehabilitation assistance.

Elements of the enacted initiative are similar to provisions in S. 601, but with either no or lower

levels of authorizations of appropriations. Like H.R. 3080 and S. 601, the enacted legislation

required the ASA to develop national levee safety guidelines and review and update Corps

guidelines for vegetation on levees. Similar to S. 601, the conference report allowed the ASA to

repair a levee to the design level of protection (rather than to pre-storm conditions) or if needed

modify the project to address major deficiencies or implement nonstructural measures. WRRDA

2014 directed the ASA to ensure that part of its levee inspection program provides adequate

information for reaching a levee accreditation decision for purposes of floodplain mapping related

to FEMA’s National Flood Insurance Program (NFIP) mapping.

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Restoring and Protecting Aquatic Ecosystems. WRRDA 2014 provided congressional direction

related to various regional river and coastal restoration efforts (e.g., Chesapeake Bay, North

Atlantic coastal restoration) and authorized the construction of projects which have previously

been studied in the Everglades and in Coastal Louisiana, among other places. Similar to a

proposal in H.R. 3080, WRRDA 2014 also added to Corps authority to undertake activities for the

prevention, control, and eradication of invasive species at Corps projects.

Deauthorizing Projects and Managing the Backlog. WRRDA 2014 created a one-time process

aimed at deauthorizing previously authorized projects with federal costs to complete totaling $18

billion; the ASA is responsible for leading the process, and is required to provide opportunity for

public input and congressional disapproval. This one-time process and other backlog provisions

included in P.L. 113-121 combined elements of the deauthorization and backlog management

provisions of H.R. 3080 and S. 601.

Addressing Other Issues. The conference report included provisions, different from those in S.

601, amending the applicability of the Environmental Protection Agency’s oil spill prevention,

control, and countermeasure regulations. The enacted legislation also included certain water

infrastructure provisions of the Clean Water Act (CWA) that were not included in H.R. 3080 or S.

601. These CWA provisions, while representing the first amendments to CWA Title VI since

1987, did not address many of the more longstanding or controversial CWA issues. Most of the

CWA provisions included in WRRDA 2014 addressed CWA Title VI, which authorized grants to

states to capitalize state loan programs (State Revolving Funds, or SRFs) for wastewater

treatment facility projects.

P.L. 113-121 did not include the ocean-related provisions of the House and Senate bills. H.R.

3080 would have prohibited programs or actions authorized by H.R. 3080 to be used for

furthering implementation of Executive Order 13547 on coastal and marine spatial planning. S.

601 would have created a National Endowment for the Oceans. Instead, WRRDA 2014

authorized the ASA to undertake studies of Corps projects in coastal zones to enhance ocean and

coastal ecosystem resiliency; it also authorized the construction of smaller projects or inclusion of

recommendations for congressional authorization in the Annual Report.

Comparison of H.R. 3080, S. 601, and Conference

Report

The remainder of this report provides a side-by-side analysis of selected provisions of H.R. 3080,

S. 601, and the conference report which became WRRDA 2014. The selection of provisions

addressed herein was based on attention during congressional deliberations, significance for the

Corps and its activities, or policy differences between the bills. Many of the project-specific or

geographically specific provisions (e.g., provisions of Titles III and V of S. 601, Title IV of the

conference report) generally are not discussed. The Appendix identifies the comparable titles of

the two bills and conference report. The report is divided into the sections shown in Table 1.

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Table 1. Provisions Covered by CRS Report

Sections

of H.R. 3080

CRS Report Section

Titles and Sections

of S. 601

Titles and Sections

of Conference Report of

WRRDA 2014

(P.L. 113-121)

“Expediting Studies,

Environmental Reviews,

and Permits”

101, 102, 103, 104

2033, 2034, 2042

1001, 1002, 1005, 1006,

1044

“Expanding Project

Delivery and Finance

Opportunities”

107, 108, 109, 112, 116,

117

2011, 2012, 2013, 2025,

2032, Title X, 11005

1007, 1014, 1015,1016,

1017, 1018, 1020, 1043,

5021-5035

“Authorizing Projects and

Managing Subsequent

Authorizations”

111, 118, 121, 133, 143,

401, 402

1002, 1003, 1004, 2003,

2004, 2014, 2055, 4002,

Title V

1023, 1030, 1036, 1045,

7001, 7002, 7003, 7004

“Investing in Navigation”

201, 202, 206, 212, 213,

214, 216

7003, 7004, 7005, 7006,

7007, 7008, 8003, 8004,

8005

2002, 2003, 2004, 2006,

2007, 2101, 2102, 2104,

2105, 2106, 2107

“Reducing Flood Risks”

122, 124, 126, 127, 147

2003, 2020, 2021, 2022,

2030, 2040, 6004, 6005,

6007, 6009, Title IX, 11004

1030, 1036, 1037, 3001,

3013, 3014, 3016, 3017,

3025, 3029,

“Restoring and Protecting

Aquatic Ecosystems”

137, 144, 145

2045, 2052, 3018, 5002,

5003, 5007

1011, 1039, 4009, 4010,

4011

“Deauthorizing Projects

and Managing the Backlog”

119, 301, 302, 303

2049

6001, 6002, 6003

“Addressing Other Issues”

146

Title XII, 13001

1049, 4014, 5001-5013

Expediting Studies, Environmental Reviews, and

Permits

Like both the House and Senate bills, the conference report for WRRDA 2014 included

provisions aimed at expediting water project delivery and permit processing. Most of these

provisions intended to expedite—

•

Corps studies by establishing deadlines, schedules, or funding limits for

feasibility studies and eliminating certain study requirements;

•

environmental compliance requirements, including primarily provisions intended

to expedite Corps compliance with the National Environmental Policy Act and

outside agency issuance of any permit, review, or other approval required under

any applicable federal law; and

•

Corps permitting.

During the House and Senate deliberations, some Members expressed frustration with the cost

and duration of Corps studies. Most Corps feasibility studies are cost-shared 50% federal and

50% nonfederal. The degree to which various factors and requirements contribute to the time it

takes to complete a Corps study is difficult to parse out and attribute to a single environmental

requirement. For example, activities performed to demonstrate compliance with applicable

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

environmental requirements may occur concurrently to the Corps completing actions required by

other laws (e.g., preparing analyses necessary to determine a project’s economic costs and

benefits). The larger, more complex, and costly the project being studied, often the longer each

step in the study process may take to complete. Anecdotal evidence indicates that individual

studies may take longer due to disagreements with federal resource agencies or state permitting

agencies, but there are limited data available to determine whether such delays are systemic or

project-specific. The role that Congress plays in authorizing studies and project construction and

the timing of appropriations have been identified as factors having significant effect on the

duration of studies and ultimately project delivery.4 For example, in terms of the project

development process, years may pass between the following steps shown in each bullet:

•

approval to initiate a study, to appropriation of federal funds for the study,

•

complete reconnaissance study, to initiation of feasibility study,5 and

•

ASA transmission to Congress of the feasibility report, to congressional

construction authorization.

At an April 29, 2014, House T&I Subcommittee on Water Resources and Environment hearing,

the Corps witness testified that, while the agency is committed to expediting the Corps planning

process:

certain elements of provisions in the proposed legislation regarding the elimination of

reconnaissance studies, fixed lengths for feasibility studies, project permitting and

environmental streamlining, study authority resolutions, and the application of Independent

External Peer Review, could actually become counterproductive. By constraining the Corps

from exercising the same initiative that led to Civil Works Transformation and Planning

Modernization, certain requirements could lead to a less flexible, overly restrictive program

that reduces efficiency, hinders project approval, and increases the probability of a project

being terminated.6

4

On June 5, 2013, Major General Michael Walsh, Deputy Commanding General for Civil and Emergency Operations,

testified at the House T&I Subcommittee on Water Resources and Environment’s hearing “A Review of the United

States Army Corps of Engineer’s Reports” (testimony available at http://transportation.house.gov/hearing/reviewunited-states-army-corps-engineers-chief%E2%80%99s-reports). In response to various questions from several

Members of Congress, the General discussed issues that may delay project delivery, as well as efforts being

implemented by the Corps to streamline project delivery. Processes or procedures related to meeting environmental

compliance requirements were not included among those that delayed projects or that were being changed to accelerate

delivery, he testified. The limited availability of funds necessary to continue the number of projects authorized for

construction was identified as the primary factor affecting the timing of project delivery. When asked specifically

whether or which environmental regulatory requirements implemented by outside agencies could be eliminated to

expedite project delivery, the General stated that he could not identify a single set of requirements established by

Congress that he would suggest eliminating to streamline the process.

5

A feasibility study cannot be begun for most projects until a feasibility cost-share agreement with the nonfederal

entity has been negotiated and signed. Also, beginning a feasibility report may be considered as starting a new study

phase during Administration budget development; ongoing studies, rather than studies entering new phases, have been

prioritized for appropriations in recent years.

6

U.S. Congress, House Committee on Transportation and Infrastructure, Subcommittee on Water Resources and

Environment, Army Corps of Engineers Chief’s Reports, 113th Cong., 2nd sess., April 29, 2014.

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Findings and Responses to Independent Peer Review of Corps Studies

Whether independent peer review provisions of WRDA 2007 (P.L. 110-114) have improved Corps projects and

decision-making continues to be discussed. In a November 2013 Corps report on peer review, the Corps stated:

only one significant change to any project study recommended plan has resulted from IEPR. A review

comment on the Olmsted Lock and Dam exposed a flaw in the treatment of contingencies within the

cost estimate. Correcting the cost estimate revealed a significant underestimation of the costs and

necessitated revising the report supporting a reauthorization request required under section 902 of

WRDA 1986, as amended. Overall, most review comments have focused on the need for improved

documentation (e.g., assumptions, methods, and rationale) and additional or more rigorous analyses.

The report also stated that peer review panel reports covering “68 project studies have produced 1155 total

comments, with 353 considered high significance.” Average cost per review was $175,000. The Corps responds, but

does not always adopt a panel’s comments. For example, a 2013 panel made a high significance comment that the

“Federal interest has not been demonstrated ... because a multi-port analysis assessing competition among regional

ports is not provided.” In 2014, the Corps chose not to adopt this comment explaining that: “it makes the most sense

to assume the net effect this [regional competitor port] interplay would be equilibrium. As such it is valid to assume

that each seaport will continue to retain its historical share of regional cargo...shifting cargo benefits among regional

ports is excluded from the decision making process.”

In a 2010 Corps report on peer review, the Corps stated that a high significance comment “describes a fundamental

problem with the project that could affect the recommendation, justification, or success of the project.” The 2010

report included per project review costs and summarized Corps responses. At that time, the project with the highest

review cost was the Louisiana Coastal Protect and Restoration project at $586,000; changes made to the project in

response to panel findings included: additional analyses to address risk assessments of structural measures, additional

documentation of tradeoffs to inform plan selection and address tradeoffs, and actions to coordinate activities across

coastal Louisiana programs and business lines. The least costly review was $97,000. This 2010 Corps report found: “A

frequent comment provided to the [coastal storm damage reduction] was that the design analyses were deficient and

that a more refined analysis of design and build needed to be conducted” and “The reviewers of the [deep draft

navigation] reports commented that assumptions regarding future business (e.g., trucking costs, longshoreman

association fees, cement industry, transportation costs) and the benefits provided were not supported by analysis.”

A 2012 Government Accountability Office (GAO) report on Corps’ peer review identified that in addition to direct

costs of peer reviews, Corps resources also are used to manage reviews; the GAO report also stated: “the addition

of peer review to the Corps study process has resulted in indirect costs by altering project study schedules to allow

for time needed to complete peer reviews.” GAO found: “By choosing to apply peer review late in the project study

process, the Corps has effectively chosen to not use the results of peer review to enhance its decision-making

process and ensure selection of the most effective project alternatives.” GAO recommended: “the Corps to, among

other actions, better track peer review studies, revise the criteria for determining which studies undergo peer review

and the timing of these reviews, and improve its process for ensuring contractor independence. “ The 2013 Corps

peer review report documents progress made on GAO’s recommendations.

Sources: U.S. Army Corps of Engineers, Report on the Implementation of Independent Peer Review, Nov. 2013, and

Summary of Independent External Peer Review Final Panel Comments, Nov. 5, 2010; and Memorandum from L.G. Thomas

P. Bostick, Chief of Engineers, to Assistant Secretary of the Army (Civil Works), on Jacksonville Harbor, Duval

County, Florida - Final USACE Response to Independent External Peer Review, April 16, 2014,

http://www.usace.army.mil/Missions/CivilWorks/ProjectPlanning/CompletedPeerReviewReports.aspx; U.S. GAO, Peer

Review Process for Civil Works Project Studies Can Be Improved, GAO-12-352, March 8, 2012.

Corps Studies

The conference report for WRRDA 2014 required that the Corps complete feasibility studies

within certain time limits (with more flexibility provided for timing of study completion than in

H.R. 3080) and federal funding limits. Like §104 of the House bill, the conference report

eliminated the requirement to prepare a separate reconnaissance study and instead directed the

Corps to include analysis required for those studies (preliminary analysis of the federal interest

and the costs, benefits, and environmental impacts of the project) in a feasibility report. Like

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§2034 of the Senate bill, the conference report required the Corps to develop a detailed project

schedule for certain milestones needed to complete feasibility studies. Selected provisions related

to study acceleration are shown in Table 2.

Independent peer review was among the “reforms” adopted in WRDA 2007 (P.L. 110-114).7 The

conference report raised the standard threshold for performing an independent peer review of a

feasibility study; it increased from $45 million total project costs to $200 million. Like S. 601, the

conference report extended the requirement for independent peer review from those studies

initiated between 2007 and 2014 to those initiated between 2007 and 2019, and amended the

congressional requirements on the reporting on decisions not to perform peer review and

distribution of the results of the peer review and the agency’s responses.

Environmental Reviews

Project acceleration provisions in WRRDA 2014 (§1005) are intended to expedite the Corps’

overall project development by expediting one element of the feasibility report process—

preparation of documents necessary to comply with the National Environmental Policy Act of

1969 (NEPA, 42 U.S.C. 4321 et seq.). To do so, WRRDA 2014 (§1005(a)) amended the project

streamlining requirements in Section 2045 of WRDA 2007 (P.L. 110-114, codified at 33 U.S.C.

2348).

The NEPA compliance process is sometimes referred to as the environmental review process.

Broadly, NEPA requires federal agencies to fully consider a project’s significant impacts on the

environment, and to inform the public of those impacts, before making a final decision about the

project.8 Provisions in the conference report (§1005(a)) expanded the definition of

“environmental review process” to include the “process for and completion of any environmental

permit, approval, review, or study required for a water resources project under any Federal law

other than NEPA.”9 Provisions in the conference report, however, apply primarily to actions taken

by the Corps within the context of demonstrating compliance with NEPA.

In accordance with its broader obligation to determine a project’s potential economic, social, and

environmental benefits and detriments, Corps planning is performed in accordance with its

“Environmental Evaluation and Compliance” process. That process is implemented by the Corps

to ensure that activities necessary to identify and demonstrate compliance with any applicable

environmental requirements are integrated into the Corps’ overall planning process. The

Environmental Evaluation and Compliance process includes steps necessary to ensure compliance

with environmental requirements that arise from local, tribal, state, or federal laws and

regulations that may apply as a result of project-specific impacts to protected resources. The

7

Another “reform” included in WRDA 2007 related to changes in how the Corps mitigates its project’s environmental

impacts. The conference report adopted provisions related to mitigation (§1044 and §1045), which were similar to

provisions in S. 601. The conference report also included language (§1028) authorizing the Corps to participate in costshared fish habitat measures at Corps projects with fish hatcheries that have been authorized to compensate for fish

losses.

8

Regulations implementing NEPA, applicable to all federal agencies, were promulgated by the Council on

Environmental Quality (CEQ) under 40 C.F.R. 1500-1508. Corps procedures to implement NEPA supplement the CEQ

regulations, at 33 C.F.R. 230, take into account issues specific to Corps projects, including requirements explicitly

applicable to the preparation of a feasibility study.

9

See also the definition of “project study,” in the conference report (§1005(a)), that refer to feasibility studies carried

out under 33 U.S.C. 2282.

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

NEPA compliance process generally forms the framework that the Corps uses to identify

applicable project-specific requirements and to coordinate with outside agencies, if necessary, to

comply with those requirements. For projects that require a feasibility study, the Corps usually

must prepare an environmental impact statement (EIS), pursuant to NEPA. Generally, it is Corps

practice to ensure that any outside agency consultations and decisions regarding any permits or

approvals are complete before a feasibility study/EIS is complete.

Many of the project acceleration provisions in the conference report (§1005(a)) pertained to

outside agency involvement in the NEPA process or in making decisions under other

environmental laws. Those provisions largely were intended to coordinate actions or input from

outside federal agencies which have some expertise regarding an affected resource or jurisdiction

by law to control the impacts to that resource (e.g., an agency authorized to issue a permit or

other approval associated with an impact to that resource).10

Prior to WRRDA 2014, Section 2045 of WRDA 2007 (33 U.S.C. 2348) required that the Corps

establish a coordinated review process for any water resources project that requires the

preparation of a feasibility study and an EIS under NEPA. When implementing that process, the

Corps was authorized to establish a schedule for federal, state, or local government agencies or

Indian tribes to process, approve, or issue all reviews, analyses, opinions, permits, licenses, and

approvals required for a water resources project (which is also allowed under existing regulations

implementing NEPA).11 Provisions included in the conference report similarly apply to project

studies that require the preparation of an EIS under NEPA, but may also be applied to other

projects as deemed appropriate by the ASA.

As in Section 2045 of WRDA 2007, many of the provisions in WRRDA 2014 codify

requirements that are largely similar to preexisting regulations implementing NEPA.12 However,

some provisions may add to or change preexisting Corps practices or requirements used to

demonstrate compliance with NEPA, or change outside agencies’ procedures for completing their

respective decision-making processes. Selected provisions that may result in such changes are

listed in Table 3. While the conference report may change certain procedures applicable to

environmental reviews, none appear to substantially affect the Corps’ obligation to comply with

existing environmental requirements (established under NEPA or any other environmental law)

that may apply to a project.

Until the Corps interprets the project acceleration provisions and integrates them with its current

Environmental Evaluation and Compliance process, it is difficult to determine whether the

procedural changes will expedite environmental reviews. Some of provisions could add time to

10

The Corps is obligated to coordinate its analysis of project impacts with other federal agencies that have jurisdiction

over any affected resource or that may have expertise necessary to assess the degree to which the project may have a

regulated impact. Those agencies would not necessarily be authorized to “approve” or “disapprove” a Corps project.

However, they may be required under federal law to specify conditions under which a project may proceed (e.g., in the

form of a permit or certification) or methods to mitigate impacts to a protected resource.

11

See CEQ requirements applicable to time limits, at 40 C.F.R. 1501.8.

12

Many provisions in the conference report (§1005) codified requirements largely similar to requirements established

by CEQ in its regulations implementing NEPA (see “NEPA and Agency Planning” requirements in 40 C.F.R. Part

1501, “Elimination of duplication with state and local procedures” at 40 C.F.R. 1506.2, and “Agency procedures” at 40

C.F.R. 1507.3). These included provisions in §1005 pertaining to the project review process, lead agency

responsibilities, participation of the lead and cooperating agencies, programmatic compliance, memoranda of

agreement for early coordination, and development of categorical exclusions. That is, the conference report codified

requirements similar to those already implemented by the Corps, in accordance with previous directives from CEQ.

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

the Corps’ already complex planning process. For example under WRRDA 2014, the Corps is

required to prepare a coordination plan to coordinate and schedule outside agency participation in

the environmental review process (see Table 3). When preparing the plan, the Corps is required

to set deadlines for outside agencies to complete the environmental review process—something

the Corps could previously do on a project-by-project basis. Those deadlines may be extended for

“good cause.” Other than requiring the Corps to prepare an additional planning document, this

provision may not substantially alter the Corps’ procedures to coordinate outside agency actions.

The conference report (§1005(a)) also establishes unique requirements applicable to the NEPA

compliance process, in general, but may have limited impact on the Corps’ NEPA process, in

particular. Specifically, financial penalty provisions create a unique system of reprogramming a

federal agency’s funding if that agency does not reach a decision on a permit, license, or other

approval by a certain deadline (the later of 180 days after an application for the approval is

complete; and the Corps completes the NEPA process). As discussed above, the Corps generally

does not complete the NEPA process until permits and other required approvals are in place. Also,

approvals required for Corps projects, including those required under federal environmental laws,

are most often issued by state, tribal or local agencies, not federal agencies. Given the timing in

which the Corps generally has such approvals in place and the role that federal agencies generally

have in issuing such approvals for Corps projects, there may be limited circumstances in which

the financial penalty provisions may be invoked.

WRRDA 2014 also included a provision (§1005(b)) related to actions associated with the repair,

reconstruction or rehabilitation of a project in operation or under construction when damaged in

an event associated with a major disaster or emergency declared by the President pursuant to the

Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121 et

seq.). Such actions would be processed as a categorical exclusion (CE), pursuant to CEQ

regulations (40 CFR 1508.4). According to those CEQ regulations, projects known by an agency

to have no significant impact on the environment may be categorically excluded from the

requirement to prepare an environmental assessment or EIS, under NEPA. Those regulations also

provide for conditions under which an agency may be required to determine whether a given

project involves “extraordinary circumstances” that may result in significant impacts (e.g.,

circumstances that may require additional review under NEPA).

WRRDA 2014 (§1005(b)) may not substantially change Corps practices. In its procedures

implementing NEPA, the Corps explicitly identifies “activities at completed Corps projects” as

actions processed as CEs, regardless of whether those activities are undertaken in response to an

emergency.13 If the action is to address a project “under construction,” any additional NEPA

compliance may not be required, since the impacts of that project would presumably be evaluated

in an existing NEPA document. Also, the Stafford Act statutorily exempts certain disaster-related

activities from NEPA, including the repair, restoration, reconstruction, or replacement of a

damaged public facility.14 As a result, some disaster–related repairs undertaken by the Corps

could potentially be waived from NEPA. Designating a project as a CE is not a waiver from

NEPA. Until the Corps interprets this directive, it is not clear whether it could result in a project

being subject to some, albeit limited, level of NEPA review when it otherwise may have been

subject to no review, pursuant to the Stafford Act.

13

See 33 C.F.R. § 230.9(b).

The NEPA exclusion is specified at 42 U.S.C. 5159; the actions potentially subject to that waiver involving the

repair, restoration, and replacement of existing facilities are specified at 42 U.S.C. 5172.

14

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Corps Permitting

In addition to undertaking water resources projects, the Corps also has regulatory responsibilities

related to activities that may affect navigable waters and wetlands.

H.R. 3080 and S. 601 each included provisions that could be identified as accelerating or

streamlining the Corps’ regulatory program as shown in Table 2. Both bills proposed eliminating

the expiration of a Corps authority that allows the agency to accept funds from nonfederal public

entities to expedite the processing of Corps permits for projects serving a public purpose. The

authority was set to expire December 31, 2016. Additionally, H.R. 3080 would have expanded the

eligibility of entities that can provide funds to the Corps to expedite its processing of permits. The

current authority is limited to nonfederal public entities. H.R. 3080 would have added publicutility companies and natural gas companies. In December 2010, Congress clarified in P.L. 111315 that private entities were not eligible entities under this authority after concerns that a Corps

district was allowing limited use of the authority by private entities at the request of public

entities.15 S. 601 would not have expanded the eligible entities for this authority; instead, S. 601

would have required the Corps take steps to improve the transparency, reporting, and consistency

of how this authority is implemented.16

Ultimately WRRDA 2014 (§1006) altered and expanded the existing authority to allow publicutility companies and natural gas companies to provide funds to the Corps to expedite the

agency’s processing of permits related to a project or activity for a public purpose. It also

extended the existing authority indefinitely by eliminating its expiration, with the limitation that

the authority for public utility companies and natural gas companies expires seven years after

enactment.

For Further Reading

CRS Report R43209, Environmental Requirements Addressed During Corps Civil Works Project

Planning: Background and Issues for Congress, by (name redacted).

CRS Report R41243, Army Corps of Engineers: Water Resource Authorizations, Appropriations,

and Activities, by (name redacted) and (name redacted).

15

Although there were no congressional reports that accompanied the enacted bill, the text of the bill had been included

in a larger bill (H.R. 5892, Water Resources Development Act of 2010) and discussed in the accompanying report,

H.Rept. 111-654; the report stated: “the Committee has expressed concern that allowing a regulated entity to contribute

to the cost of its regulator has the potential to affect the objectivity of that regulatory.”

16

In a 2010 letter to the then-Chairman of House T&I, the Government Accountability Office (GAO) concluded that

the Corps had made some progress on GAO’s 2007 recommendations to improve implementation of the authority, but

that it had not fully developed an oversight effort for district implementation of this authority (GAO, Status of U.S.

Army Corps of Engineers Effort to Implement GAO’s 2007 Recommendations Regarding Its Section 214 Authority,

GA)-10-385R, February 19, 2010, http://www.gao.gov/assets/100/96553.pdf).

Congressional Research Service

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Table 2. Select Expediting Study and Permit Provisions

Topic

H.R. 3080

S. 601

Conference Report/P.L. 113-121

Feasibility

Study Limits

and

Termination

§101 would have required feasibility studies

be completed within 3 years of initiation,

have a maximum federal cost of $3 million,

and be concurrently reviewed within the

Corps. The Corps could have extended the

study period to up to one year, but if not

complete after that extension, the

Assistant Secretary of the Army (Civil

Works) (ASA) would have to notify

nonfederal partner and Congress that

authorization for the feasibility study would

be terminated.

§2032 would have required that a feasibility

study be completed within 3 years of initiation

and at a maximum federal cost of $3 million. If

the ASA determined the study cannot be

conducted accordingly due to its complexity,

nonfederal entities would have been notified

and a new project and cost timeline provided.

No change to existing study deauthorization

process (33 U.S.C. 2264).

§1001required feasibility studies be completed within 3

years of initiation (unless the ASA determines a study is too

complex to comply with this requirement), have a

maximum federal cost of $3 million, and be concurrently

reviewed within the Corps. §1001 deauthorized any

feasibility study that is not completed 7 years after

initiation. §1001 required that the ASA, within 90 days of

initiating a feasibility study, begin the processes for

federally mandated reviews; convene a meeting of all

federal, tribal, and state agencies that may be required to

conduct a reviews and analyses for the study; and provide

the information for such reviews and analyses in a thorough

and timely manner. The ASA is required to report on

implementation 18 months and again four years after

enactment. The conference report made no changes to the

existing study deauthorization process in 33 U.S.C. 2264.

Expediting

Corps Permit

Processing

§102 would have expanded an existing

authority (33 U.S. 2201 note which had

been limited to nonfederal public entities)

to allow public-utility companies and

natural gas companies (as defined in 42

U.S.C. 16451) to provide funds to the

Corps to expedite the agency’s processing

of permits related to a project or activity

for a public purpose. §102 also would have

extended the authority indefinitely by

eliminating its expiration.

§2042 would have extended the authority

indefinitely by eliminating its expiration. It

would have clarified the Corps requirements

for public availability and consistency of

information regarding the use of this authority

and require the agency to produce an annual

report on its use.

§1006 expanded an existing authority (33 U.S.C. 2201 note)

which was limited to nonfederal public entities to allow

public-utility companies (as defined in 42 U.S.C. 16451) and

natural gas companies (as defined in 42 U.S.C. 16451 and

including a person engaged in the transportation of natural

gas in intrastate commerce) to provide funds to the Corps

to expedite the agency’s processing of permits related to a

project or activity for a public purpose. §1006 also

extended indefinitely the existing authority by eliminating

its expiration, with the limitation that the authority for

public utility companies and natural gas companies expires

7 years after enactment. §1006 required that GAO, within

4 years, study implementation of this authority for these

two types of companies. §1006 clarified the Corps

requirements for public availability and consistency of

information regarding the use of this authority and required

the agency to produce an annual report on its use.

CRS-11

Topic

H.R. 3080

S. 601

Conference Report/P.L. 113-121

Feasibility

Report

Schedule

No comparable provision.

§2034 would have amended requirements

applicable to the preparation of Corps reports

(33 U.S.C. 2282) to require the preparation of

a “Detailed Project Schedule” to identify

milestones needed to complete a feasibility

report and establish deadlines to reach those

milestones. For any missed deadline, the Corps

would have been required to submit a report

to the nonfederal partner detailing why it was

missed.

§1002, among other things, amended requirements

applicable to the preparation of Corps reports (33 U.S.C.

2282) to require the preparation of a “Detailed Project

Schedule” identify milestones for study completion and

establish deadlines to reach those milestones. For any

missed deadline, §1002 required the Corps to submit a

report to the nonfederal partner detailing why it was

missed.

Consolidated

Reconnaissance and

Feasibility

Studies

§104 would have repealed existing directive

(33 U.S.C. 2282(b)) to the ASA to prepare

reconnaissance study before preparing a

feasibility study; and would have amended

requirements applicable to the contents of

feasibility reports to require the inclusion

of preliminary analysis previously required

for reconnaissance studies.

No comparable provision.

§1002, among other things, repealed an existing directive to

the ASA to prepare reconnaissance studies, like H.R. 3080.

No language was provided to clarify whether or not the

collection of preliminary analysis data is to be cost-shared

or 100% a federal expense.

Independent

Peer Review

Changes

No comparable provision.

§2007 would have amended the independent

peer review requirements for feasibility studies

from applying to studies initiated between

2007 and 2014 to those initiated between

2007 and 2019. It also would have provided

amended direction on reporting on reasons for

not initiating a peer review and distribution of

the results of the peer review and the agency’s

responses.

§1044 raised the standard trigger for independent peer

review of feasibility studies from projects estimated to cost

$45 million to $200 million, while extending the

requirement for such review for 12 years from 2007 (i.e.,

through 2019). §1044 also altered the peer review

requirements for reporting and distribution similar to S.

601.

Source: CRS.

CRS-12

Table 3. Select Provisions Intended to Expedite Environmental Reviews

Topics

H.R.3080

S.601

Conference Report/P.L. 113-121

Project

Acceleration

§103(b) would have amended and replaced

Section 2045 of WRDA 2007 (33 U.S.C. 2348,

Project Streamlining ) to create Streamlined

Project Delivery procedures that would have

applied to project studies, initiated after

enactment, that require the preparation of an

EIS under NEPA.

§2033 would have amended Section 2045 of

WRDA 2007 to establish new Project

Acceleration procedures. In addition to project

studies that require an EIS, the Secretary would

have been authorized to apply the procedures

to other projects, as the Secretary deemed

appropriate.

§1005(a) amended and replaced Project

Streamlining provisions in Section 2045 of

WRDA 2007 (33 U.S.C. 2348) with new

Project Acceleration procedures intended to

expedite compliance with NEPA and other

environmental requirements. Similar to S. 601,

the procedures apply to project studies (i.e.,

projects that require the preparation of a

feasibility study) that require the preparation of

an EIS, but also may be applied to other

projects as the ASA deems appropriate.

(Selected amendments to Section 2045 are

discussed below.)

Coordination

Plan and

Deadlines

§103(b) would have included “Coordinated

Reviews” provisions, proposed under Section

2045(f), that would have required the Corps to

consult with relevant outside agencies to

establish a “Coordination Plan” and “Schedule”

to coordinate the timing of public and agency

participation in the environmental review

process.

§2033 would have included “Coordinated

Reviews” provisions, proposed under Section

2045(j), that would have required the

development of a Coordination Plan for

purposes similar the plan required in H.R.

3080, but with no separate provisions

applicable to a required schedule. Instead, the

Corps would have been required to

incorporate the plan into the project schedule

milestones established in the Detailed Project

Schedule, proposed in §2034 (see above).

§1005(a) included “Coordinated Reviews”

provisions, under Section 2045(g), that

required the Corps to consult with and with

the concurrence of the project sponsor and

each cooperating agency to establish a

Coordination Plan to coordinate public and

agency participation in the environmental

review process. Similar to provisions in S. 601,

the Corps is required to incorporate the plan

into the Detailed Project Schedule. The

Conference report specified factors to be

considered when establishing a schedule for

completion of the environmental review

process, largely similar to the proposed factors

that would have been considered in H.R. 3080,

with the exception that the schedule must be

completed as soon as practicable, but not later

than 45 days after the close of the public

comment period for a draft EIS. This directive

was largely similar to a requirement proposed

in S. 601 that was included among the Issue

Identification and Resolution provisions in

proposed Section 2045(k), discussed below.

Apart from potential timeframes established in

the schedule, the Corps would have been

required to establish “comment deadlines” for

outside agencies to comment on a draft EIS and

“other comment periods” that may have been

associated with the environmental review

process. Also, the proposed Section 2045(f)(4)

included “deadlines for decisions under other

laws.” The provision would have included

deadlines for outside federal or nonfederal

agencies to make a determination regarding or

to approve or disapprove a project study.

Separate statutory deadlines would have been

set for decisions required either before or after

the NEPA process is complete. If no action

CRS-13

Like H.R. 3080, deadlines would have been

established for comments on a draft EIS or

“other comments,” but also would have

specified conditions under which those

deadlines could be extended. Provisions

applicable to “deadlines for decisions under

other laws” would have been included, but

would have used deadlines established as part

of a Coordination Plan for an individual project,

not a statutory deadline applicable to all

projects. In contrast to H.R. 3080, if an agency

missed a deadline, the Corps would have been

Topics

H.R.3080

S.601

Conference Report/P.L. 113-121

was taken by the agency within the require

timeframe, the Corps would have been

authorized to close the record for the project

as it relates to that decision.

required to report missed deadline to

Congress, not close the record on the

decision.

Provisions applicable to the establishment of

deadlines for comments on a draft EIS, “other

comments,” and decisions under other laws are

largely similar to those in the S. 601.

Dispute

Resolution

Procedures

§103(b) would have included “Issue

Identification and Resolution” provisions,”

proposed under Section 2045(g), that would

have established procedures intended to

identify and resolve potential disputes that may

have arisen between the Corps and outside

federal and nonfederal agencies involved in the

project.

§2033 would have included “Issue Identification

and Resolution” provisions, proposed under

Section 2045(k); these would have established

procedures to resolve disputes between the

Corps and outside federal and nonfederal

agencies involved in the project. Unique to the

Senate proposal, S. 601 would have allowed the

Secretary, not later than 45 days after the close

of the public comment period for a draft EIS, to

convene a meeting with the project sponsor

and relevant outside agencies (federal and

nonfederal) to establish a schedule to complete

decisions on the project. Unlike H.R. 3080, S.

601 would have included requirements

applicable to a multi-tiered dispute resolution

process, that could have been initiated by the

Secretary, and that could potentially reach the

Council of Environmental Quality or the

President.

§1005(a) included “Issue Identification and

Resolution” provisions, under Section 2045(h),

that are, with a few exceptions, largely similar

to those proposed in S. 601. One exception

was that it did not include a multi-tiered

dispute resolution process. Instead, the

Secretary may resolve an issue with the heads

of other relevant federal agencies.

Financial

Penalty

Provisions

No comparable provisions.

§2033 would have included “Financial Penalty

Provisions,” in the “Issue Identification and

Resolution” provisions proposed under Section

2045(k)(5), that would have specified

conditions under which a federal agency could

have been fined if it failed to render a decision,

required under any federal law, within the later

of 180 days after—the Corps completed the

NEPA process; and an application for a

required permit, license, or approval was

completed. Among other provisions, S. 601

would have specified the dollar amount of

potential fines and the limit on such fines that

could be imposed on a single agency office for a

§1005(a) included “Financial Penalty

Provisions,” in the “Issue Identification and

Resolution” provisions under Section

2045(h)(5), that were largely similar to those

proposed in S. 601.

CRS-14

Topics

H.R.3080

S.601

Conference Report/P.L. 113-121

given project, the total amount assessed in a

single years on a single agency office, and

conditions under which an agency may not be

fined.

Statute of

Limitations

§103(b)would have included “Timing of Claims”

provisions, proposed under Section 2045(i),

that would have barred judicial review of a

permit, license, or other approval issued by a

federal agency for a project study unless it is

filed within 150 days publication of a notice in

the Federal Register announcing that the permit,

license, or other approval is final pursuant to

the law under which the agency action is taken,

unless a shorter time is specified in the Federal

law which allows judicial review.

No comparable provision.

§1005(a) included “Timing of Claims”

provisions, under Section 2045(k), that were

largely similar to those in H.R. 3080, with the

exception that judicial review of a permit,

license, or other approval issued by a federal

agency for a project study be barred unless it is

filed within three years after the publication of

a notice in the Federal Register announcing that

approval. The conference report specifies that

this provision creates no new right to judicial

review or limit a right of review if someone

was found to have violated a permit, license, or

other approval. A new statute of limitations

would apply if a supplemental EIS is prepared.

Categorical

Exclusions in

Emergencies

§103(c) would have specified that the repair,

reconstruction, or rehabilitation of a water

resources project, operating or under

construction when damaged by an event

related to a major disaster or emergency, as

declared by the President pursuant to the

Robert T. Stafford Disaster Relief and

Emergency Assistance Act, would have been

categorically excluded from the requirement to

prepare an environmental assessment or EIS

under NEPA, pursuant to 40 C.F.R. 1508.4.

No comparable provision.

§1005(b) included provisions largely similar to

those proposed in H.R. 3080, with the

exception that the categorical exclusion applies

to such projects if commenced within two

years of the date of the disaster/emergency

declaration.

Source: CRS.

a. The provisions in §1005(a) are presented as amendments to Section 2045 of WRDA 2007 (i.e., not to 33 U.S.C. 2348). To more easily identify provisions being

discussed in this table, many of those provisions are additionally identified by their respective subsection in Section 2045.

CRS-15

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Expanding Project Delivery and Finance

Opportunities

Frustrations with the pace of Corps studies and construction, in part shaped by the pace of

congressional authorization and limitations on available federal appropriations, has fostered

interest in nonfederal entities, including private interests, having greater roles in project

development, construction, and financing. The challenge is whether nonfederal resources can be

leveraged while focusing current and future federal funds on those activities most in the national

interest.

Nonfederal Work and Leadership on Studies and Projects

Like H.R. 3080 and S. 601, WRRDA 2014 included multiple provisions to encourage and manage

nonfederal participation in project delivery. Table 4 identifies provisions for permitting, crediting,

and reimbursing for nonfederal work, and provisions that establish pilot programs for nonfederal

management and financing. The conference report consolidated most of the authorities for

nonfederal leadership for water resources studies and construction under two authorities, 33

U.S.C. 2231 and 33 U.S.C. 2232.17 WRRDA 2014 (§1014), like H.R. 3080, provided a

mechanism for nonfederal entities to initiate work on a project which has a completed feasibility

study, the milestone prior to a Chief’s Report. A Chief’s Report consists of the approval and

recommendations for a project by the Corps’ Chief of Engineers. The nonfederal entity would be

eligible to receive credit or reimbursement if Congress subsequently authorizes the project. The

conference report also required the ASA to establish a 5-year pilot program for nonfederal

management of studies and a 5-year pilot program of 15 projects for nonfederal management of

project construction.

Water Infrastructure Finance and Innovation Act (WIFIA)

Like S. 601, WRRDA 2014 included the Water Infrastructure Finance and Innovation Act

(WIFIA), which authorized a five-year pilot program for loans and loan guarantees for flood

damage reduction projects assisted by the Corps and public water supply and wastewater projects

assisted by the Environmental Protection Agency (EPA). The WIFIA concept is modeled after a

similar program that assists transportation projects, the Transportation Infrastructure Finance and

Innovation Act, or TIFIA, program. H.R. 3080 did not include comparable provisions. In a letter

to the conferee managers, the Administration had expressed concerns with the WIFIA proposal in

S. 601, “which would expand the Environmental Protection Agency’s and the Corps’ role in local

water infrastructure projects and not provide Federal assistance in the most efficient manner.”18

The conference report adopted the Senate’s WIFIA provisions with some additions and

modifications, as shown in Table 5. Notably, the conference report expanded the types of projects

17

The extent to which the annual use of these authorities may be limited is not addressed by the conference report; that

is, no changes were made to 33 U.S.C. 2221 stating that agreements proposed for execution by the ASA or the Corps

under various authorities, including 33 U.S.C. 2231 and 33 U.S.C. 2232, shall be limited to total credits and

reimbursements for all applicable projects not to exceed $100,000,000 in each fiscal year.

18

See footnote 2.

Congressional Research Service

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

that the Secretary of the Army may support with WIFIA assistance to include projects for flood

damage reduction, hurricane and storm damage reduction, environmental restoration, coastal or

inland harbor navigation improvement, or inland and intracoastal waterways navigation

improvement. Responding to concerns raised by some groups that WIFIA could impair and

diminish support for wastewater and drinking water State Revolving Fund (SRF) programs, the

conference report included language requiring EPA, when the agency receives applications for

WIFIA assistance, to give state infrastructure financing authorities a right of “first refusal” to

finance the project. Finally, the conference report reduced the authorized funding for the pilot

program from $250 million total for each agency ($50 million per year) to $175 million total for

each agency (beginning with $20 million for FY2015 and increasing to $50 million for FY2019).

For Further Reading

Congressional Distribution Memorandum, available from author: “Credit for Nonfederal Work on

Army Corps Projects” by (name redacted), April 12, 2013.

CRS Report R43315, Water Infrastructure Financing: Proposals to Create a Water Infrastructure

Finance and Innovation Act (WIFIA) Program, by (name redacted).

Congressional Research Service

17

Table 4. Select Provisions to Expand Project Delivery and Financing Opportunities

Topic

H.R. 3080

Permits for

Nonfederal

Work at

Existing Corps

Projects

§107 would have established

benchmarks (e.g., approval of

complete applications in 45 days)

and processes to expedite permits

that would have approved

nonfederal modifications to Corps

projects, known as §14 applications.

No comparable provision.

§1007 included a provision similar to H.R. 3080.

Nonfederal

Study of

Projects

No comparable provision.

No comparable provision.

§1014 replaced an existing authority (33 U.S.C. 2231) for nonfederal studies of

harbor projects with a similarly structured authority that applies to all water

resources development projects.

Nonfederal

Construction

of Authorized

Projects

§108 would have expanded an

existing authority (33 U.S.C. 701b13) for nonfederal construction of

authorized projects to all type of

Corps projects and would have

required that work be performed

consistent with the laws and

regulations that apply to Corps

construction (e.g., Davis-Bacon Act

wage requirements would have

applied).

No comparable provision.

§1014 replaced an existing authority for nonfederal construction of harbor

projects (33 U.S.C. 2232) with a similarly structured authority that applies to

all water resources development projects. In addition to the existing limits in

33 U.S.C. 2232, §1014 allowed the ASA to establish conditions on the project.

Unlike the previous language in 33 U.S.C. 2232 which had required that the

ASA determine the project was “economically justified and environmentally

acceptable,” §1014 required the ASA to make a determination on whether the

“project is feasible.” Unlike the previous language in 33 U.S.C. 2232 which only

allowed for reimbursement for the federal share incurred by the nonfederal

entity without interest, §1014 allowed for reimbursement, credit, and transfer

of credit to a different project; however, it does not specify whether this is

with or without interest. §1014 added a requirement that the ASA notify

House T&I and Senate Environment and Public Works (EPW) Committees

when a nonfederal entity notifies the ASA of its intent to construct a project

using this authority. §1014 conditions any credit or reimbursement for the

federal share of costs on the ASA determining that all “Federal laws and

regulations applicable to the construction of a water resources development

project, and any conditions identified” by the ASA were complied with during

construction.

§2013 would have allowed

nonfederal entities that construct

authorized flood damage reduction

projects to receive credit (in lieu of

the federal reimbursement) for the

federal share of project costs and

§1022 allowed a nonfederal entity undertaking construction under 33 U.S.C.

701b-13 before the date of enactment (§1014 repealed 33 U.S.C. 701b-13) to

receive credit or be reimbursed for the federal share of costs. The credit may

be transferred to other flood damage reduction studies or projects of the

nonfederal entity.

Credit in Lieu §108 would have allowed the

of Reimburse- nonfederal entity undertaking work

ment

under 33 U.S.C. 701b-13 to receive

credit or be reimbursed for the

federal share of costs. The credit

could have been transferred to any

CRS-18

S. 601

Conference Report/P.L. 113-121

Topic

H.R. 3080

S. 601

other authorized study or project

of the nonfederal entity.

to transfer that credit to other

flood damage reduction projects or

studies.

Repeal of

Nonfederal

Study and

Construction

Authorities −

Consolidation

of Authorities

§108 would have repealed

provisions of existing law

authorizing the ASA to review

nonfederal studies and construction

of specific types of shore protection

and harbor projects (33 U.S.C.

2232, 33 U.S.C. 426i-1, 33 U.S.C.

2232 note)

No comparable provision.

§1014 repealed provisions of existing law authorizing the ASA to review

nonfederal studies and construction of specific types of shore protection and

flood protection projects (33 U.S.C. 426i-1, 33 U.S.C. 2232 note, 33 U.S.C.

701b-13. These project types (along with ecosystem restoration and other

Corps project purposes) appear to be encompassed within the definition of a

water resources development project used in §1014 for eligibility under the

new 33 U.S.C. 2232. §1014 included a savings provision stating that §1014 does

not affect existing agreements under these authorities or the existing authority

in 33 U.S.C. 2232.

Maintenance

of Navigation

Projects

Constructed

by Nonfederal

Entity

§108 would have required that the

ASA be responsible for operation

and maintenance (consistent with

standard cost-sharing requirements)

of an authorized harbor or inland

harbor project constructed by a

nonfederal entity if certain criteria

were met prior to construction,

including that the project was

economically justified and

environmentally acceptable.

§2032 would have allowed the ASA

to assume operation and

maintenance responsibilities of a

navigation channel deepened by a

nonfederal entity prior to Dec. 31,

2012, if certain criteria were met

(e.g., project had been authorized

by Congress and the project was

economically justified and

environmental acceptable).

§1014, largely similar to the existing authority in 33 U.S.C. 2232, required that

the ASA be responsible for operation and maintenance (consistent with

standard cost-sharing requirements) of a federally authorized harbor or inland

harbor constructed by a nonfederal entity if prior to construction certain

criteria are met, including that the project is feasible, and after construction

that the ASA finds that the project remains feasible and was constructed in

accordance with applicable permits and standards. §1014 added the condition

that the ASA is responsible for this operation and maintenance only if prior to

construction there is a written operation and maintenance agreement between

the ASA and the nonfederal entity.

§109 would have expanded the

authority for the ASA to accept

nonfederal monetary contributions;

allow any eligible nonfederal entity to

contribute (not only states and

political subdivisions); and would

have allowed contributions for inland

waterways and for post-disaster

project repair and restoration.

§11005 would have allowed the

ASA to accept and expend funds

contributed by nonfederal entities

for repairing, restoring, or replacing

water resources projects damaged

or destroyed by a major disaster or

other emergency if the ASA

determines it was in the public

interest.

Nonfederal

Monetary

Contributions

(no credit or

reimbursement allowed)

CRS-19

Conference Report/P.L. 113-121

§1016 allowed the ASA to assume operation and maintenance responsibilities

of a federally authorized harbor or inland harbor constructed by a nonfederal

entity prior to Dec. 31, 2014, without requiring that the ASA after

construction find that the project remains economically justified and

environmentally acceptable (which is a requirement in 33 U.S.C. 2232).

§1015 expanded the authority (33 U.S.C. 701h) for the ASA to accept

nonfederal monetary contributions. §1015 allowed any eligible nonfederal

entity to contribute (not only states and political subdivisions) and allowed

contributions for inland waterways and for operations of hurricane barriers to

support recreation consistent with the authorized project purpose. §1015

required written notice to House T&I, Senate EPW, and both Appropriations

Committees before accepting funds under this authority.

§1017 authorized a 5-year pilot program for the ASA to accept nonfederal

monetary contributions to increase the hours of operation of waterway locks.

Topic

H.R. 3080

Authority for

Nonfederal

Construction

of Projects

Prior to

Congressional

Authorization

§112 would have created a new

authority for nonfederal entities to

initiate construction after a

completed feasibility report. §112

would have allowed for credit or

reimbursement if Congress

subsequently authorized the project

and if the construction was

consistent with the laws and

regulations that apply to Corps

construction.

No comparable provision.

§1014 authorized, subject to the specified conditions, nonfederal construction

of water resources development projects which was defined as including those

projects with “a project recommendation that results from” a Corps produced

feasibility report, a feasibility study completed by a nonfederal entity consistent

with 33 U.S.C. 2231, and a feasibility study authorized by Congress. §1014 did

not explicitly state whether a favorable recommendation by the ASA (or the

Chief of Engineers) is required for the Corps produced feasibility report or the

feasibility study completed by a nonfederal entity. §1014 allowed for

reimbursement, credit, and transfer of credit to a different project, and did not

specify whether this is with or without interest. §1014 conditioned any credit

or reimbursement on the ASA determining that all “Federal laws and

regulations applicable to the construction of a water resources development

project, and any conditions identified” by the ASA were complied with during

construction.

Projects

Eligible for

Work-inKind Credit

§116 would have defined “water

resources project.” Environmental

infrastructure activities (which

typically are municipal water supply

and wastewater projects) were

included.

§2012 would have expanded

crediting to include environmental

infrastructure assistance activities.

§1018 expanded crediting under (42 U.S.C. 1962d-5b) to include environmental

infrastructure assistance activities.

In-Kind Credit §116 would have provided credit for

for Design

design work performed prior to a

Work

crediting Memorandum of

Understanding.

§2012 would have authorized a

provision similar to H.R. 3080.

§1018 authorized a provision similar to H.R. 3080 and S. 601.

Excess In-Kind

Contributions

and Their

Reimbursement

§2012 would have required the ASA

to reimburse excess in-kind

contributions (i.e., any excess above

the nonfederal cost-share resulting

from work-in-kind credit and the

value of contributions of lands,

easements, rights-of-way, relocation,

or improvements to enable disposal

of dredged materials (LERRDs)),

except for navigation projects.

§1018 authorized a provision similar to S. 601.

CRS-20

No comparable provision; that is, as

specified in 42 U.S.C. 1962d-5b,

work-in-kind credit would have

remained limited to the nonfederal

cost-shares unless otherwise

specified.

S. 601

Conference Report/P.L. 113-121

Topic

H.R. 3080

Transfer of

Excess In-Kind

Credit Across

Studies and

Projects

No comparable provision; 42 U.S.C.

1962d-5b would not allow excess

credit or its transfer. See §108 for

authority to transfer credit under

that authority.

§1020 authorized a provision similar to S. 601.

§2011 would have allowed, for 10

years, the ASA to apply excess credit

from one project to another study or

project if the nonfederal entity

submitted a comprehensive crediting

plan.

Crediting

Guidance

Update

No comparable provision.

§2012 would have required an

update of the crediting guidance and

regulations and specifies an update

process and required elements.

§1018 required an update of the crediting guidance and regulations similar to S.

601.

Pilot of

Nonfederal

Construction

§117 would have required the ASA

to establish a pilot program for

nonfederal project management and

delivery of financing, design, or

construction of no more than 15

authorized navigation or flood

damage reduction projects.

Nonfederal government entities or

private entities could have

participated. Payment for work

upon completion could have been

made from unobligated federal

balance for the project or other

amounts appropriated to the Corps

not to exceed the federal share of

design and construction.

§2025 would have required the

ASA to establish a pilot program for

nonfederal construction

management of no more than 15

previously authorized projects.

Unobligated federal balance for the

project would have been

transferred to the nonfederal entity

after execution of a project

partnership agreement; additional

amounts could have been

transferred from the pilot

program’s appropriations. The

program would have been

authorized at $25 million for each

year from FY2014 to FY018. No

definition of eligible nonfederal

entity was provided.

§1043 required the ASA to establish a 5-year pilot program for nonfederal

construction management of not more than 15 qualifying projects authorized

prior to enactment. Hurricane, coastal and inland navigation, and ecosystem

restoration projects are eligible for participation in this pilot. §1043 allowed the

ASA to transfer unobligated federal monies for the project to the nonfederal

entity after execution of a project partnership agreement; additional amounts

could be transferred from the pilot program’s appropriations. The program is

authorized at $25 million for each year from FY2015 to FY019. No definition

of eligible nonfederal entity was provided. §1043 required that work be

performed consistent with the laws and regulations that apply to Corps

construction (e.g., Davis-Bacon Act wage requirements apply). §1043 allowed

the Corps to provide technical assistance, including assistance with processing

permits, to the nonfederal entity on a reimbursable basis. §1043 stated that

nothing in this subsection affects the cost-sharing requirements; it did not

explicitly mention credit or reimbursement for the federal construction share.

CRS-21

S. 601

Conference Report/P.L. 113-121

Topic

Pilot of

Nonfederal

Studies

H.R. 3080

No comparable provision.

Source: CRS.

CRS-22

S. 601

No comparable provision.

Conference Report/P.L. 113-121

§1043 required the ASA to establish a 5-year pilot program for nonfederal

entities to perform feasibility studies for flood, hurricane, coastal and inland

navigation, and ecosystem restoration projects; the program’s authorization of

appropriations is $25 million for each year from 2015 to 2019. §1043 allowed

the ASA to transfer any unobligated federal monies to the nonfederal entity

and to provide funds appropriated under this authority to nonfederal entities

to carry out the feasibility study (but not to exceed the federal share of the

feasibility study costs). If the ASA determines the study complies with federal

law once project construction is authorized, §1043 allowed the ASA to credit

the portion of study costs that would have been the federal responsibility

toward the nonfederal construction cost of the project. §1043 required that

work be performed consistent with the laws and regulations that apply to

Corps construction (e.g., Davis-Bacon Act wage requirements apply). §1043

allowed the Corps to provide technical assistance to the nonfederal entity on a

reimbursable basis.

Table 5. Select WIFIA Provisions

Topic

S. 601

Conference Report/P.L. 113-121

Pilot of Innovative No comparable provision

Financing (Loans

and Loan

Guarantees) for

Flood Control,

Public Water

Supply, and

Wastewater

Projects (WIFIA)

Title X would have authorized a pilot

program for the Corps and the EPA to

provide direct loans and loan guarantees to

nonfederal entities for certain flood control,

public water supply, and wastewater

treatment projects through a Water

Infrastructure Finance and Innovation Act

(WIFIA) program.

Title V, Subtitle C (Sections 5021-5035) included provisions similar to

provisions in Title X of S. 601.

WIFIA short

title and

definitions

No comparable provision

Short title (§10001). Purposes (§10002).

Definitions of terms (§10003).

Short title, the Water Infrastructure Finance and Innovation Act of 2014

(§5021). Conference report omits “Purposes.” §5022 defined terms same

as S. 601, but omitted “rural water infrastructure” definition.

WIFIA

Authority to

Provide

Assistance

No comparable provisions

§10006 would have authorized the Secretary §5023 authorized a provision similar to S. 601.

of the Army and EPA Administrator to

provide financial assistance to carry out

water infrastructure pilot projects.

WIFIA Eligible

Entities

No comparable provision

§10004 would have included corporations,

§5025 authorized a provision similar to S. 601.

partnerships, joint ventures, trusts, federal,

state or local governments, tribal

governments or consortia, and state

infrastructure financing authorities as eligible.

WIFIA Projects

Eligible for

Assistance

No comparable provision

§10007 would have included flood control or

hurricane and storm damage reduction

projects as eligible for WIFIA assistance, plus

activities eligible for assistance under the

Clean Water Act or Safe Drinking Water

Act State Revolving Fund (SRF) programs,

energy efficiency projects at public water

supply or wastewater plants, repair or

replacement of public water supply or

wastewater plants, desalination or water

recycling project, acquisition of real

property, or a combination of projects.

CRS-23

H.R.3080

§5026 was same as S. 601, but added the following as eligible for Corps

assistance: environmental restoration, coastal or inland harbor

navigation improvement, and inland and intracoastal waterways

navigation improvement.

Topic

H.R.3080

S. 601

Conference Report/P.L. 113-121

WIFIA Activities

Eligible for

Assistance

No comparable provision

§10008 would have included developmentphase activities; construction; acquisition of

real property; capitalized interest and

reserve funds; and refinancing of interim

funding, long-term project obligations, or

WIFIA assistance as eligible.

§5027 authorized a provision similar to S. 601, but omitted refinancing.

WIFIA Project

Selection

No comparable provision

Under §10009, to be eligible for assistance, a

project would have to be creditworthy.

Eligible project costs shall be not less than

$20 million, except rural water

infrastructure projects serving up to 25,000

persons shall be not less than $5 million.

Projects must be publicly sponsored. WIFIA

projects may not also use financing with taxexempt municipal bonds. §10009 details

selection criteria, such as a project’s regional

or national significance and multiple others.

§5028 was generally the same as S. 601. Regarding public sponsorship

requirement, it allowed the obligor to demonstrate to the Corps or

EPA that the affected state, local, or tribal government has been

consulted and supports the proposed project. For projects seeking

assistance from EPA, the legislation required the Administrator to give

state infrastructure financing authorities a “right of first refusal” to

finance the project.

WIFIA Secured

Loans

No comparable provision

§10010 would have authorized the Corps

or EPA may make secured loans or loan

guarantees to finance or refinance eligible

project costs. Project assistance would

have required an investment-grade rating.

A secured loan would not have been

allowed to exceed the lesser of 49% of

eligible project costs and, if the secured

loan did not receive investment-grade

rating, the amount of the senior obligations

of the project. Maturity date would have

been no more than 35 years. Total amount

of federal assistance from all sources would

not have been more than 80% of total

costs, except for rural water projects.

§5029 was generally the same as S. 601, but provided that the maturity

date of a secured loan shall be the earlier of 35 years or the useful life

of a project. Secured and guaranteed loans may not be used for

refinancing. Retains 49% limit, but see §5033 below.

WIFIA State,

Tribal, and Local

Permits

No comparable provision

Under §10012, recipients of WIFIA

assistance would have been required to

obtain any required state, local, or tribal

permit or approval.

§5031 authorized a provision similar to S. 601.

CRS-24

Topic

H.R.3080

S. 601

Conference Report/P.L. 113-121

WIFIA Funding

No comparable provision

§10014 would have authorized $50 million

annually to each the Corps and EPA for

FY2014-FY2018 ($250 million total for

each agency).

§5033 authorized to each the Corps and EPA $20 million for FY2015,

$25 million for FY2016, $35 million for FY2017, $45 million for FY2018,

$50 million for FY2019 ($175 million total for each agency). §5033

required the Corps and EPA to set aside not less than 15% of amounts

available for each fiscal year for small community water infrastructure

projects, but unused set-aside funds may be used for other projects if

unobligated on June 1 of the fiscal year. §5033 authorized the Corps and

EPA to make available up to 25% of available funds each year for loans

in excess of 49% of total project costs [see §5029].

WIFIA Reports

No comparable provision

§10015 would have required the Corps and

EPA to report to Congress 2 years after

enactment and every 2 years thereafter on

projects receiving WIFIA assistance

§5034 required the Corps and EPA to provide information on a public

Internet site on applications for WIFIA assistance and projects selected.

Also required the GAO to report to Congress in 4 years on the WIFIA

pilot programs, including recommendations for continuing, changing, or

terminating the WIFIA program. (§5034)

WIFIA “Buy

American”

No comparable provision

§10016 would have required projects

receiving WIFIA assistance use Americanmade iron and steel. A project could have

obtained a waiver if this requirement would

have been inconsistent with the public

interest, increased project costs by more

than 25%, or if U.S.-made products were not

produced in sufficient quantity or of

sufficient quality.

§5035 authorized a provision similar to S. 601. The provision codified

similar statutory provision in the Consolidated Appropriations Act,

2014, that applies to wastewater and drinking water SRF capitalization

grants (P.L. 113-76).

Source: CRS.

CRS-25

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Authorizing Projects and

Managing Subsequent Authorizations

Project Authorizations and Authorized Project Purposes

Congressional authorization is required for most Corps new construction projects, and significant

post-authorization modifications to a project’s scope or cost. For new construction authorizations,

WRRDA 2014 authorized a fixed set of 34 new construction projects totaling $25.65 billion

($15.64 billion in federal costs and $10.01 billion in nonfederal costs), as shown in Table 6. All

of the authorized projects have completed Chief’s Reports; however, only 25 had been formally

submitted by the ASA to Congress at the time of the conference report. The other nine projects,

which represented $3.73 billion in projects, were awaiting a recommendation by the ASA and its

transmittal to Congress at the time of the conference report.19 For project modifications, the

conference report authorized eight project cost modifications.20 When the Senate passed S. 601 in

May 2013, there were an estimated 19 construction projects representing approximately $10.8

billion ($6.3 billion federal and $4.5 billion nonfederal) in construction costs that appeared to

meet the criteria in §1002 of the S. 601. When H.R. 3080 was passed by the House in October

2013, it would have authorized a fixed set of 23 new construction projects and project scope

modifications at a total cost of $13.0 billion ($7.7 billion in federal costs and $5.3 billion in

nonfederal costs), and two project cost modifications. CRS identified one project with a

completed Chief’s Report that is not included in the conference report. 21

H.R. 3080 as passed by the House included no construction authorization for projects that had

their Chief’s Reports completed after the House T&I Subcommittee on Water Resources and the

Environment hearing on Chief’s Reports held on June 5, 2013. On April 29, 2014, the House

Transportation and Infrastructure Subcommittee on Water Resources and the Environment held a

hearing on the Chief’s Reports completed subsequent to the June 2013 hearing. All 34 projects

included in the conference report have Chief’s Reports and were the subject of a hearing.

Regarding existing project authorizations, H.R. 3080 included a provision to clarify that the act

would not have expanded the authorized purposes of a dam or reservoir; S. 601 would have

allowed the ASA to carry out activities to improve the efficiency of dam operations and as

practicable meet other related benefits, including environment protection and restoration, water

supply storage, hydropower generation, and flood risk reduction. The ASA’s December 2013

letter to conference managers indicated that the Administration viewed that the provisions in both

19

These projects would not have qualified for authorization under S. 601 unless the ASA had transmitted the project’s

recommendation prior to enactment. One of the projects, the Mid-Chesapeake Bay Island, MD project had its Chief’s

Report in August 2009; however, it has not been transmitted by the ASA. The project is on hold pending an update of

the Dredge Material Management Plan anticipated in 2015.

20

Insufficient information is publicly available to determine the difference between total project construction cost and

present value of previous authorization of appropriations, which would represent the amount of the authorized increase.

21

The Mississippi River Gulf Outlet (MRGO) ecosystem restoration project has had difficulty securing a nonfederal

sponsor. The restoration’s report was transmitted to Congress in September 2013; that transmittal supported $1.3

billion ($0.86 billion federal/$0.46 billion nonfederal) of the project’s total cost of $3 billion, and deferred the ASA’s

determination on the remainder. As of December 2013, the project had no nonfederal cost-sharing sponsor; the Chief’s

Report from September 2012, stated “Because a non-federal sponsor willing to cost share in implementation of the

ecosystem restoration plan has not been identified, this report recommend no further action under Section 7013.”

Congressional Research Service

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Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

of the bills (§143 in H.R. 3080, §2014 in S. 601) would have hampered needed reform, giving

current uses of Corps projects priority over new uses.22 The Administration instead supported

legislation that would have added fish and wildlife protection as an authorized purpose for all

Corps dams and provide administrative flexibility to revise project operating guidelines. The

conference report (§1045) required the ASA to assess the management practice, priorities, and

authorized purposes of Corps reservoirs in arid regions to evaluate their impacts on water supply

during drought, and identify actions to be carried out within existing authorities to increase

project flexibility for mitigating drought impacts. The conference report stated that nothing in the

section changes the authorized purpose of a Corps dam or reservoir, and that the Secretary may

carry out any recommendations and activities under this subsection pursuant to existing law. The

conference report also required the ASA to update a report on authorized purpose of Corps

reservoirs, and include information on the most recent review of reservoir operations and a plan

for future reviews.

WRRDA 2014, like both H.R. 3080 and S. 601, also expanded many of the Corps existing

programmatic authorities known as Continuing Authorities Programs (CAPs). Under the CAPs,

the Corps studies and constructs projects of limited purpose and size without project specific

congressional authorization.

Subsequent Authorization Processes

New Studies

WRRDA 2014, like H.R. 3080 as shown in Table 7, required the Corps to solicit proposals from

nonfederal entities for new studies and transmit qualifying studies to Congress in the Annual

Report. Congressional authorization would be needed for the agency to proceed with the study. S.

601 (§4002) would have established a process for initiating new studies.

New Project Authorizations and Modifications of Project Scope

During House and Senate consideration, an ongoing topic of discussion was how to address

projects anticipated to have completed study milestones (e.g., a Chief’s Reports, ASA

transmission to Congress) in the next year or two. Both H.R. 3080 and S. 601 would have

addressed these projects but neither bill would have authorized them directly. The conference

report did not authorize projects without completed Chief’s Reports. Like H.R. 3080, the

conference report required the ASA to submit completed feasibility reports and reports for project

modifications to Congress in the Annual Report. Congressional authorization would be needed

for the agency to proceed with construction, as shown in Table 7. As described in Table 4, the

conference report (§1014), like H.R. 3080, may provide a mechanism for nonfederal entities to

initiate work on a project with a completed feasibility study prior to a Chief’s Report.

WRRDA 2014 (§7004) established expedited House procedures for the 113th Congress and

expedited Senate procedures through 2018 for bills authorizing construction projects that meet

specified criteria. A qualifying requirement for the expedited House procedure is a completed

Chief’s Report. The qualifying requirements for the expedited Senate procedure included a

completed Chief’s Report, the project to be carried out substantially in accordance with the plan

22

See footnote 2.

Congressional Research Service

27

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

identified in the Chief’s Report and subject to conditions in that report, and an ASA

recommendation to authorize construction transmitted to Congress.

Project Cost Modifications and Project Modifications

WRRDA 2014 authorized eight project cost modifications that had ASA recommendation letters

transmitted to Congress. The conference report required that subsequent proposed cost

modifications be submitted for congressional consideration through the Annual Report; they

would require subsequent congressional authorization. This is similar to how H.R. 3080 would

have addressed cost modifications; S. 601 would have established a process to allow, for three

years, the ASA to proceed with projects requiring cost modifications if a submission certifying

the need for the increase is submitted to Congress and if “amounts are appropriated to initiate or

continue construction of the project in an appropriation or other Act.” Whether the expedited

House and Senate procedures provided in the conference report (§7004) could be used for project

cost modifications is unclear; traditionally project cost modifications are documented in reports of

the Director of Civil Works, not Chief’s Reports. The reports of the Director of Civil Works are

then transmitted by an ASA letter to Congress. The conference report included no comparable

title to Title III of S. 601, Project Modifications.

Additional Corps Project Costs May Require Cost Modifications

The number of projects potentially requiring project cost modifications in the near future is unknown. No recent list

of projects nearing their cost limits is available. The most recent publicly available list of potential project cost issues

is from a Corps April 2012 memorandum which identified 32 projects with potential cost modifications that may or

may not entail project scope modifications. According to a May 29, 2013, Corps memo, “at least one quarter of

USACE Civil Works construction projects are not compliant with cost limits and schedule completions.” A May 30,

2013, Corps memo stated that “forty-four construction projects in the current Civil Works portfolio have

compliance issues with Section 902 cost limit requirements.” Section 902 refers to §902 of WRDA 1986, as amended

(33 U.S.C. 2280), which limits Corps project authorization of appropriations to the amount authorized in law

(adjusted for inflation in construction and real estate costs) plus 20% of the original authorization of appropriations.

Under current authorizations, the ASA must seek a congressional modification in a project’s authorization of

appropriations for projects anticipated to exceed the adjusted 120% authorization of appropriations. Many of the

factors contributing to project cost increases are persistent and apply broadly to many Corps projects. In May 2013,

the Engineer Inspector General completed a report on an inspection of Corps §902 compliance actions; it stated:

In some cases, poor decision, incomplete analysis or post authorization revisions to engineering standards

affected the project delivery and led to larger than expected cost projections. In other instances, external

pressures or influences forced changes to project scope. The cumulative effect of these internal and

external factors was to increase project costs significantly and often led to projects having insufficient

authority under 902. However, the factor with the greatest impact was the persistent funding shortfalls in

the Civil Works budget. Funding shortfalls have extended the project delivery process and increased costs

beyond anticipated levels for many USACE Civil Works projects

Source: U.S. Army Corps of Engineers, Memorandum for Record: Corps Section 902 Cost Limit Policy Clarification and Applicability

procedures - Notable Deficiency, Washington, DC, April 6, 2012, http://planning.usace.army.mil/toolbox/library.cfm?Option=

Listing&Type=Memo&Search=Policy&Sort=Default.; U.S. Army Corps of Engineers, Memorandum for MSC Commanders: Civil

Works Delegated Authority for Project Cost Management, Washington, DC, May 29, 2013, http://planning.usace.army.mil/toolbox/

library.cfm?Option=Listing&Type=Memo&Search=Policy&Sort=Default; Army Corps of Engineers, Memorandum for SEE

Distribution: Engineer Inspector General (EIG) Section 902 Inspection Report Recommendations and Command Implementing

Instructions, Washington, DC, May 30, 2013,

http://planning.usace.army.mil/toolbox/library.cfm?Option=Listing&Type=Memo&Search=Policy&Sort=Default; U.S. Army Corps of

Engineers, Engineer Inspector General, U.S. Army Corps of Engineers Engineer Inspector General Inspection Report: Inspection of Section

902 Cost Limit Requirements for Civil Works Projects, Washington, DC, May 2013, p. ii.)

Congressional Research Service

28

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

For Further Reading

CRS Report R41961, Army Corps Fiscal Challenges: Frequently Asked Questions, by (name reda

cted) and (name redacted).

Congressional Research Service

29

Table 6. Select Project Authorization Provisions

Topic

H.R. 3080

Authorization

of New

Construction

or Project

Scope

Modification

with Chief’s

Reports

§401 would have authorized 23

specifically listed projects with a

total authorization of

appropriations of $13.0 billion ($7.7

billion federal/$5.3 billion

nonfederal).

§1002 would have authorized the

§7002 authorized 34 specifically listed projects with a total authorization of

ASA to carry out any project with a appropriations of $25.65 billion ($15.64 billion in federal costs and $10.01

Chief’s Report transmitted by the

billion in nonfederal costs).

ASA after WRDA 2007 with a

recommendation to construct. §1002

would have required projects be

carried out in accordance with the

project plan and subject to

conditions described in its report.

Authorization

of Project

Cost

Modifications

§402 would have authorized cost

modifications to two previously

authorized projects: Miami Harbor,

FL navigation; and Little Calumet

River, IN flood control.

No comparable provision. §1003,

which is discussed in Table 7,

would have allowed the ASA to

proceed with projects requiring

cost modifications.

§7003 authorized cost modifications to eight previously authorized projects.

Existing

Corps

Reservoir

Operations

§133 would have required the ASA,

within a year of enactment, assess

the management practice, priorities,

and authorized purposes of Corps

reservoirs in arid regions to

evaluate their effects on water

supply during drought. §143 would

have clarified that nothing in this act

would have allowed the ASA to

carry out any project for a purpose

at a dam or reservoir not otherwise

authorized as of the act’s date of

enactment.

§2014 would have authorized, with

limitations, the ASA to improve the

efficiency of dam operations and to

maximize to the extent practicable

both the authorized project purposes

and other related benefits, including

environmental protection and

restoration, most water supply

storage, hydropower generation, and

flood risk reduction. §2014 would

have restricted the activities to those

that do not adversely impact any

authorized purpose.

§1045 required the ASA, within a year of enactment, to assess the management

practice, priorities, and authorized purposes of Corps reservoirs in arid regions

to evaluate their impacts on water supply during drought, and identify actions

to be carried out within existing authorities to increase project flexibility for

mitigating drought impacts. §1045 required that within 2 years, the ASA update

a report on authorized purpose of Corps reservoirs, and include information

on the most recent review of reservoir operations and a plan for future

reviews. §1045 required GAO to audit previous Corps operations reviews,

evaluate the plan for future operations reviews, and make recommendations

for improving operations reviews. §1045 stated that nothing in the section

changes the authorized purpose of a Corps dam or reservoir, and that the

Secretary may carry out any recommendations and activities under this

subsection pursuant to existing law.

Continuing

Authorities

Program

(CAPs)

No comparable provision. H.R.

3080 had no provision focused on

changing the CAPs; however, other

provisions of the bill may have

applied policy changes to the CAPs.

§2003 would have increased project

cost and program cost limits for

certain CAPs. §2004 would have

required the ASA publish

prioritization criteria for CAPs and

an annual CAP report.

§1030 increased the project cost and/or program cost limits for the CAPs

identified in §2003 of S. 601 and the Emergency Streambank and Shoreline

Protection CAP (known as Section 14). §1030 required prioritization criteria

and reporting similar to §2004 of S. 601.

Source: CRS.

CRS-30

S. 601

Conference Report/P.L. 113-121

Table 7. Select Provisions on Subsequent Authorizations of

Studies, Projects, and Project Modifications

Topic

H.R. 3080

Waiving

Need for

Project Cost

Modification

§111would have allowed for the

ASA to complete a construction

project using funds contributed by a

nonfederal entity (without

opportunity for reimbursement) for

projects that had exceeded 120% of

their congressional authorized

costs.

§2059 would have authorized a

provision similar to H.R. 3080.

§1023 authorized a provision similar to H.R. 3080 and S. 601.

New Project

Construction

§118 would have required that the

Annual Report include completed

feasibility reports (with the Chief’s

Report if appropriate) for new

Corps construction projects

requiring congressional

authorization.

§1004 would have authorized

procedures for expedited Senate

consideration of bills authorizing

projects that had been transmitted

by the ASA to Congress through

2018. Senate EPW would have been

required to report all such bills by

January 31st of the second session

of each Congress. If Senate EPW

failed to act, the bills would have

been discharged from the

Committee and placed on the

calendar of the Senate, with some

exceptions.

§7001 required an Annual Report similar to H.R. 3080. §7004 established

expedited House procedures for the 113th Congress and expedited Senate

procedures through 2018 for bills authorizing construction projects that meet

specified criteria. A qualifying requirement for the expedited House procedure

is a completed Chief’s Report. The qualifying requirements for the expedited

Senate procedure include: a completed Chief’s Report, the project to be

carried out substantially in accordance with the plan identified in the Chief’s

Report and subject to conditions in that report, and an ASA recommendation

to authorize construction transmitted to Congress after enactment.

Project Cost

Modifications

§118 would have required that the

Annual Report include proposed

cost modifications to authorized

Corps projects that had been

identified by the ASA for

congressional authorization.

§1003 would have allowed the ASA

for three years after enactment to

modify the authorized project costs

if (1) the ASA certified the necessity

for exceeding the current

authorization and submits the

certification to Congress and (2) if,

subsequent to the submission,

amounts were appropriated to

initiate or continue construction of

the project in an appropriations or

other Act.

§7001 authorized a provision similar to H.R. 3080.

CRS-31

S. 601

Conference Report/P.L. 113-121

Topic

H.R. 3080

S. 601

Conference Report/P.L. 113-121

Project Scope

Modifications

§118 would have required that the

Annual Report include scope

modification studies identified by

the ASA for congressional

authorization.

§1004 would have provided for

expedited Senate consideration

through 2018 of a bill authorizing

projects transmitted by the ASA to

Congress.

§7001 authorized a provision similar to H.R. 3080. §7004 established expedited

House procedures for the 113th Congress and expedited Senate procedures

through 2018 for bills authorizing construction projects that meet specified

criteria.

Study

§118 would have required that the

Authorizations Annual Report include any new

Corps feasibility study proposed by

a nonfederal entity that would have

required congressional

authorization.

§4002 would have allowed the ASA

to initiate annually a limited number

of new studies (of the ASA’s

choosing consistent with criteria in

§4002) for 3 years after enactment

with an authorization of

appropriations of $25 million

annually. §4002 would have

prohibited funding a new study

unless “amounts are appropriated

to initiate a study in an

appropriations or other Act.”

§7001 authorized a provision similar to H.R. 3080.

Cost Share

for Locally

Preferred

Flood Risk

Management

Projects

§2055 would have authorized a

provision similar to H.R.3080, with

the exception that §2055 would

have required that the federal share

of the LPP be not less than the

share of the national economic

development plan.

§1036 authorized a provision similar to S. 601.

§121 would have required the ASA

to build the locally preferred plan

(LPP) if requested by the nonfederal

entity if the LPP provided a higher

level of protection than the project

alternative authorized under this

act, and the ASA determined that

the LPP is technically feasible,

environmentally acceptable, and

benefits exceeded the cost. §121

would have required the additional

cost attributable to the higher

protection be paid by the

nonfederal entity.

Source: CRS.

CRS-32

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Investing in Navigation

Harbors

The Harbor Maintenance Trust Fund (HMTF) is used to cover the costs incurred by the Corps in

operating and maintaining federally authorized harbors, principally the dredging of channels. The

HMTF is supported by a tax on cargo moving through ports and cruise ship passengers (the

Harbor Maintenance Tax, HMT). In recent years, annual HMTF expenditures (which require

congressional appropriations typically as part of an Energy and Water Development

Appropriations Act) have amounted to a little more than half of annual HMT collections and

interest. Like H.R. 3080 and S. 601, the conference report sought to increase HMTF spending,

but not at the expense of available funding for other Corps activities. Thus, increased HMTF

spending is predicated on the condition that the Corps total budget increases by at least the same

amount.

WRRDA 2014 expanded the eligible uses of HMTF monies to dredging activity that is now paid

by nonfederal sponsors (e.g., the dredging of berths by port authorities), but only at ports that

generate more HMT revenue than they have received from the HMTF. The conference report

adopted the provision in S. 601 that eliminated the 50% nonfederal cost share for the incremental

cost of maintaining harbors at depths between 45 and 50 feet.23 Thus, the conference report could

increase HMTF spending on harbors handling large volumes of cargo that in the past have made

relatively little use of HMTF funds. The Administration objected to expanding the federal role in

harbor maintenance to include activities that historically have not been a federal responsibility.24

An issue reflected in the legislation is how to prioritize harbor maintenance among ports that

handle large amounts of cargo and those that do not. The conference report reserved specified

portions of HMTF funding for harbors with less cargo or that have not been fully maintained in

prior years. The conference report modified a provision in H.R. 3080 that required the Corps to

provide a written response to a nonfederal interest seeking federal maintenance of a harbor.

In addition to the dredging of berths and certain legacy-contaminated sediments, the conference

report adopted language from S. 601 to allow “donor ports” and “energy transfer ports” to use

appropriated funds for rebating HMT payments to shippers or for other dredging-related activity

that otherwise is not a federal responsibility (see Table 8 for definitions). This could be especially

appealing to U.S. ports that contend shippers favor nearby foreign ports to avoid payment of

HMT. It appears that Seattle and Tacoma, WA, would qualify as “donor ports.”25 It appears that

fourteen ports may qualify as “energy transfer ports” (five ports in Louisiana; four ports in Texas;

23

For a listing of harbor depths, useful in identifying which ports may benefit from this provision, see the following

Army Corps report, http://www.iwr.usace.army.mil/Portals/70/docs/portswaterways/rpt/

June_20_U.S._Port_and_Inland_Waterways_Preparing_for_Post_Panamax_Vessels.pdf

24

Statement of Administration Policy, S. 601 – Water Resources Development Act of 2013, May 6, 2013; Statement of

Administration Policy, H.R. 3080 – Water Resources Reform and Development Act of 2013, October 23, 2013. See

also ASA’s December 2013 letter to conference managers (footnote 2).

25

Other ports that may qualify are certain ports in California, New York/New Jersey, Georgia, and Florida. These are

additional states with at least two million twenty-foot equivalent unit (TEUs), which is a standard unit for cargo

carrying capacity, of containerized cargo in 2011. The Army Corps has not published annual HMTF expenditure

reports since FY2006, so the ratio of HMTF funding to HMT collections, a criterion for determining which ports are

“donor ports,” is not known.

Congressional Research Service

33

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

plus Mobile, AL; New York/New Jersey; Baltimore, MD; Norfolk, VA; and Long Beach, CA).26

To qualify as a donor port, a port must generate substantially more HMT than it receives, but this

is not the case for an energy transfer port. An energy transfer port is defined as a harbor handling

more than 40 million tons of cargo of any type and at which energy products comprised more

than 25% of this tonnage (the HMT is not assessed on export cargo).

Inland Waterways

Some waterways stakeholders have been frustrated with the pace of construction on inland

navigation infrastructure and cost overruns at key projects. The Inland Waterways Trust Fund

(IWTF), which is funded by user fees, pays for 50% of most of these activities (to match 50% of

costs provided from the General Fund of the Treasury). The IWTF has a declining balance that

appears to have limited waterway construction projects in recent years. One inland waterway

construction project, the Olmsted Locks and Dam project, has received the majority of the inland

waterways construction monies in recent years, while construction on other inland waterway

projects has been postponed. The Olmsted project was originally authorized at a cost of $775

million (plus inflationary increases) but recently required an increase to its authorization (i.e., an

increase to its appropriations ceiling). The FY2014 Continuing Appropriations Act, P.L. 113-46,

increased the project’s authorization from $775 million to $2.92 billion.

In an effort to expedite work on the Olmsted project and facilitate work on other inland

waterways projects funded by the IWTF, WRRDA 2014 altered the IWTF cost-share requirement

for the Olmsted project. Like S. 601 and H.R. 3080 the conference report decreased the required

IWTF share of the project costs compared to current law. The conference report decreased the

IWTF required portion of project costs from 50% to 15%. S. 601 would have eliminated the

IWTF required cost-share and would have funded the Olmsted project entirely from the General

Fund of the Treasury. H.R. 3080 would have reduced the IWTF cost-sharing requirement from

50% to 25%, as shown in Table 9. In a December 2013 ASA letter to the conferee managers, the

Administration objected to proposed alterations to the Olmsted project’s cost sharing formula;

however the Administration eventually agreed to this change in the enacted legislation.27

Some have argued that water resources development legislation should also decrease IWTF costshare requirements for major rehabilitation investments.28 Like S. 601, the conference report

raised the threshold for cost sharing for major rehabilitation investments on inland waterways

from $8 million to $20 million, thereby making the General Fund responsible for a larger share of

the expenditures. H.R. 3080 included no such change.

Like what S. 601 and H.R. 3080 would have done, WRRDA 2014 authorized changes to inland

waterways project delivery. These changes are generally consistent with an April 2010 report

published and endorsed by the Inland Waterways User Board (a federal advisory committee).29

Like the House and Senate Bills, the conference report also authorized several studies on inland

waterways project revenues. This includes a study by the Government Accountability Office

26

For port cargo statistics, see http://www.navigationdatacenter.us/wcsc/wcsc.htm. Note that this data set does not

include foreign trade empty containers loaded or unloaded.

27

See footnote 2.

28

In addition to all construction projects on inland waterways, the IWTF must fund half of the costs for major

rehabilitation investments, defined as any inland waterways rehabilitation project costing more than $8 million.

29

The report is available at http://waterwayscouncil.org/wp-content/uploads/2013/01/IMTS_IWUB_Report.pdf.

Congressional Research Service

34

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

(GAO) on inland waterways revenue collection and two reports by the ASA on revenue

alternatives.

For Further Reading

CRS Report R43222, Harbor Maintenance Finance and Funding, by (name redacted).

CRS Report R41430, Inland Waterways: Recent Proposals and Issues for Congress, by (name re

dacted).

Congressional Research Service

35

Table 8. Select HMTF Provisions

Topic

H.R. 3080

S. 601

Conference Report/P.L. 113-121

HMTF

Spending

Level

§201 would have set targeted

annual spending levels from the

HMTF beginning with 65% of HMT

received the previous year in

FY2014 to 80% in FY2020 and

thereafter.

§8003 would have set minimum annual spending

levels at the lesser of $1 billion in FY2014 to

$1.5 billion in FY2019, or total annual HMTF

receipts and interest. Beginning FY2020, annual

spending would have been set to equate to the

level of receipts and interest.

§2101 was similar to H.R. 3080 but modified the targeted annual

spending levels from the HMTF beginning with 67% of the HMT

received the previous year in FY2015 to 100% in FY2025 and

thereafter. If these targeted spending levels are realized, specified

percentages of these additional funds are directed to certain harbor

projects as described below.

Pre-condition

for Increased

HMTF

Spending

§201 would have established a

Sense of Congress that increases

in harbor maintenance spending

should not result in decreases in

spending for other Corps

activities.

§8003 would not have applied the specified

HMTF spending amounts discussed above if

providing the amounts would have reduced

funding available for other Corps activities

below amounts available for the previous fiscal

year.

§2101 essentially combined the language in H.R. 3080 and S. 601,

thus in order for harbor maintenance spending to increase to

targeted levels, Congress must increase the Corps budget by that

amount so as not to decrease spending on other Corps activities.

Expanded

Eligible Uses

of HMTF

Funds

§201 would have allowed up to 5%

of HMTF annual spending to be

used for dredging berths and

legacy-contaminated sediment, at

harbors that generate more HMT

than they receive, if HMTF

targeted spending levels are met.

§8004 would have allowed at harbors in states

that generate at least 2.5% of total annual HMT

collections and received less than 50% of the

HMT revenue they generated, to use HMTF

monies for dredging berths and legacycontaminated sediments, provided that all highuse deep draft harbors are maintained to their

constructed dimensions. Funds for this purpose

would have been limited to specified shares of

the HMTF. Funds could have also been used for

dredging berths and legacy-contaminated

sediments at “donor ports” and “energy

transfer ports” (see below).

§2102 defined expanded uses the same as H.R. 3080 and S. 601 –

that is, dredging berths and legacy-contaminated sediments. Harbors

eligible to spend HMT funds on these purposes is based on the level

of HMT collections and expenditures at these harbors over the

previous three fiscal years, similar to H.R. 3080. At least 10% of

additional funds from the increased targeting levels mentioned

above are to be spent on expanded uses, with priority of harbor

projects based on the greatest difference between collections and

expenditures among the eligible harbors.

Corps

reporting

requirement

§202 would have required the ASA

biennially to identify, for each

harbor, funding needed to restore

full authorized dimensions for each

channel including expanded uses,

amount requested in annual budget

request, the difference between the

two, and a five year budget outlook.

§8004 would have required annual reports from

the Corps on amount and share of funds spent

on high, moderate, and low use ports and any

additional amount needed to maintain these

harbors at their constructed dimensions.

§2102 required biennial report with similar content as in H.R. 3080,

but assessment based on constructed dimensions as in S. 601.

CRS-36

Topic

H.R. 3080

S. 601

Conference Report/P.L. 113-121

Prioritization

of funding

§202 sought an equitable allocation

of HMTF funds among harbors

regardless of size or tonnage

handled. For determining the

equitable allocation of funds, §202

would have directed the ASA to

consider funding needs, national

and regional significance, and

national security and military

readiness, and not base allocations

solely on tonnage handled.

§8004 stated that the primary use of HMTF is

maintaining constructed dimensions of

commercial harbors. §8004 would have required

that the ASA prioritize funding made available in

excess of FY2012 spending levels for high-use,

deep draft harbors and Great Lakes harbors

that are not maintained at their constructed

dimensions.

§2102 authorized a provision similar to H.R. 3080 but also specified

that 90% of the additional funds from targeted spending levels (if

available) be directed to high and moderate use ports. This provision

reserved 5% of these additional funds for underserved harbors which

are defined as moderate-use or emerging harbors that have been

maintained at less than their constructed dimensions during each of

the prior six fiscal years. In prioritizing underserved harbors, ASA

was directed to consider the quantity of commerce at the harbors.

§2102 adopted S. 601 definitions of high-use harbors (handling 10

million tons or more of cargo annually) and moderate-use harbors

(handling more than one million but less than 10 million annually).

Set Aside for

Lower Use

Harbors

§202 would have required the

ASA to allocate at least 10% of

HMTF expenditures to harbors

handling less than one million tons

for FY2015 and FY2016.

§8004 would have directed the ASA to prioritize

10% of remaining funds from above prioritization,

if available, to be used for moderate- and low-use

harbors not receiving sufficient funding in six

prior fiscal years. If this funding is available, §8004

would have directed the ASA to equally divide it

among Corps districts with eligible projects.

§2102 required that the equivalent of at least 10% of HMTF funds

spent in FY2012 be spent on emerging harbors each fiscal year 2015

through 2022. It also required that 10% of the additional funds from

targeted spending levels be spent on emerging harbors. Emerging

harbors were defined as transiting less than one million tons of

cargo annually.

Great Lakes

Navigation

Funding

§202 would have directed the ASA

to fund the Great Lakes as an

interdependent navigation system.

§8004, as noted above, would have identified

Great Lakes harbors as a priority for HMTF

monies.

§2102 was essentially the same as H.R. 3080. Also, at least 10% of

additional funds from targeted funding levels were reserved for

Great Lakes projects.

Nonfederal

Cost Share

for O&M

No comparable provision.

§8004 would have eliminated the 50%

nonfederal cost sharing requirement for harbor

maintenance between 45 and 50 feet deep.

§2102 authorized a provision similar to S. 601.

Donor and

Energy

Transfer

Ports

No comparable provision.

§8004 would have defined a donor port as

generating at least $15 million in annual HMT

collections but receiving less than 25% of that in

HMTF spending, and located in a state that

handled at least two million cargo containers at

ports in 2011. §8004 would have defined an

energy transfer port as a port at which energy

commodities comprised more than 25% of its

tonnage in 2011 and total tonnage handled

exceeded 40 million tons. At these two port

types, it would have allowed the ASA, subject to

appropriations, to provide HMTF funds to

qualifying ports for payments to shippers using

§2106 defined donor and energy transfer ports the same as S. 601

(but port data based on calendar year 2012 instead of 2011), and

allowed these ports to use the funds for the same purposes as

specified in S. 601. Unlike S. 601, §2106 required the Corps to

report, within 18 months of enactment, its assessment of the impact

of this provision, including any recommendations for amending or

reauthorizing this provision. §2106 authorized $50 million per year

for FY2015 - FY2018 to carry out this provision and another $50

million per year for FY2019 - FY2022 if the targeted funding levels

referenced above in §2101 are achieved for years FY2015-FY2018.

CRS-37

Topic

H.R. 3080

S. 601

Conference Report/P.L. 113-121

the port or for dredging berths and legacycontaminated sediments. §8004 would have

established criteria for determining the related

authorization of appropriations for FY2014

through FY2024.

Nonfederal

Justification

for Corps

Investment

§203, under the heading “preserving No comparable provision.

United States harbors,” would have

allowed a nonfederal interest to

submit justification to the Corps for

maintaining a harbor.

§2107 was similar to H.R. 3080 but required the Corps to respond

to the justification submitted by the nonfederal interest including an

assessment of the information submitted.

HMTF Study

§206 would have directed GAO to §8005 would have included the same provision

study HMTF expenditures on low- as H.R. 3080.

and moderate-use ports, and HMTF

expenditures related to

competitiveness of U.S. ports with

respect to Canadian and Mexican

ports.

No comparable provision.

Remote and

Subsistence

Harbors

No comparable provision.

§5017 would have added Alaska to an existing

provision specific to Hawaii and U.S. territories

concerning remote and subsistence harbors and

the Corps consideration of such harbor projects.

§2104 authorized a provision similar to S. 601.

Arctic Deep

Draft Port

Partnerships

No comparable provision.

§5022 would have outlined criteria for the Corps

to provide technical expertise to nonfederal

public entities for Arctic Coast deep draft port

development.

§2105 authorized a provision similar to S. 601.

Source: CRS.

CRS-38

Table 9. Select Inland Waterways Provisions

Topic

H.R. 3080

S. 601

Inland

Waterways

Project Delivery

§212 would have authorized changes

to the inland waterways project

delivery process.

§7003 would have authorized

largely similar changes to project

delivery as H.R. 3080.

§2002 authorized changes that are largely similar to those previously

proposed in H.R. 3080 and S. 601.

Inland

Waterways

GAO Study

§213 would have directed GAO to

report on the efficiency of waterways

revenue collections.

§7006 would have authorized a

provision similar to H.R. 3080.

§2003 authorized a provision similar to that proposed in H.R. 3080 and S.

601.

Inland

Waterways

Revenue

Alternatives

§214 would have directed the ASA to

undertake certain revenue studies,

including 1) a study of feasibility of

construction bonds and 2) a study on

potential new user fees that could be

incorporated to achieve expenditure

levels of one-half of annual construction

expenditures of $380 million per year

($190 million per year from the IWTF).

§215 would have directed the Corps to

convene a stakeholder roundtable to

evaluate alternative policy approaches

for inland waterways.

No comparable provision. §7005

would have included a Sense of

Congress that existing revenues are

insufficient for waterway

construction and rehabilitation and

that the issue should be addressed.

§2004 authorized provisions that are similar to the revenue studies and

stakeholder roundtable that were proposed in H.R. 3080.

Olmsted Locks

and Dam

Project

§216 would have reduced the IWTF

§7008 would have made the

share for the Olmsted project from

Olmsted project fully funded by the

50% to 25% and increase monies from general fund of the Treasury and

the General Fund to 75%. §216 would

eliminate the IWTF cost-share

have required an ASA report on lessons requirement. §7007 would have

learned from the project, and would

directed GAO to conduct a study

have established a Sense of Congress

on cost overruns at the Olmsted

that appropriations for the project

project.

should not be less than $150 million

until project construction is completed.

§2006 reduced the IWTF cost share for the Olmsted project from 50% to

15%, thereby increasing monies required from the General Fund of the

Treasury from 50% to 85%. §2006 established a Sense of Congress similar

to that proposed in H.R. 3080. §2007 directed a GAO study similar to

that proposed in S. 601 and directed an ASA report similar to that

proposed in H.R. 3080.

Inland

Waterways

Rehabilitation

Cost Sharing

No comparable provision.

Similar to S. 601, §2006 required that all inland waterways major

rehabilitation costs less than $20 million (instead of $8 million) be funded

by the general fund.

Source: CRS.

CRS-39

§7004 would have required all inland

waterways major rehabilitation costs

less than $20 million (instead of $8

million) to be from the general fund.

Conference Report/P.L. 113-121

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Reducing Flood Risks

H.R. 3080 and S. 601 would have taken significantly different approaches to the Corps’ flood risk

management activities; the House approach would have been limited, while the Senate approach

would have been more expansive. While the conference report included many levee safety

provisions similar to S. 601, the conference report was scaled back from S. 601 in terms of both

scope of new authorities and programs and the level of annual authorization of appropriations, as

shown in Table 10.

WRRDA 2014 established a levee safety initiative (§3016) that included authorizations for:

•

Corps technical assistance and training to promote levee safety,

•

Corps levee rehabilitation assistance at 65% federal cost share and maximum

federal project cost of $10 million per project (activities under the authority have

an authorization of appropriations of $30 million for FY2015 through 2019), and

•

FEMA to assist in establishing or improving state and tribal levee safety

programs.

Elements of the initiative are similar to many provisions in S. 601, but with either no or lower

levels of authorizations of appropriations. Like both H.R. 3080 and S. 601, WRRDA 2014

required the Corps develop national levee safety guidelines.

The conference report provided a more limited extension of federally cost-shared beach

nourishment (i.e., 3 years for certain projects) than the 15 years that S. 601 would have

authorized. The ASA’s December 2013 letter to conference managers included an objection to this

nourishment provision and recommended that projects be reevaluated rather than simply

extended.30 The conference report also provided for the ASA to review a 15-year extension

request and make a recommendation to Congress regarding authorization.

The ASA’s letter to conference managers also identified specific sections of S. 601 (§2022 and

§2040) related to the repair and rehabilitation of levees that the Administration did not support.

WRRDA 2014 included various related but altered authorizations for levee repair and

rehabilitation; it:

30

•

allowed Corps levee repair to be completed to the design level of protection

(rather than to pre-storm conditions) or if needed to modify the project to address

major deficiencies or implement nonstructural measures; and required reporting

every two years on repair spending and a review the Corps emergency response

authorities to be completed within eighteen months of enactment. (§3029)

•

authorized Corps rehabilitation of existing hurricane and storm damage levees

that meet specific criteria if they are providing reduced protection due to

consolidation, settlement, subsidence, sea level rise, or new datum; the ASA is

limited to using this authority for projects with project partnerships agreements

that state that the nonfederal entity is not required to perform restoration for

See footnote 2.

Congressional Research Service

40

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

subsidence and sea level rise as part of its operation and maintenance

responsibilities. (§3017)

WRRDA 2014 (§3014) directed the ASA to ensure that an activity under the Corps inspection of

completed works program provides adequate information to reach a levee accreditation decision

for purposes of floodplain mapping related to FEMA’s National Flood Insurance Program (NFIP)

mapping.

For Further Reading

CRS Report R41752, Locally Operated Levees: Issues and Federal Programs , by (name re

dacted) et al.

Congressional Research Service

41

Table 10. Select Flood Safety Provisions

Topic

H.R. 3080

S. 601

Conference Report/P.L. 113-121

Post-Damage

Repair of

Storm and

Flood Control

Projects

§122 would have required the ASA

to review its emergency response

authorities to evaluate repairing to

pre-flood conditions or to project

design, using nonstructural

measures, and incorporating sealevel rise and extreme weather

event risks, and report on the

results to House T&I and Senate

EPW within a year of enactment.

§2040 would have expanded the

authority to allow the ASA to

repair to the design level of

protection (rather than to prestorm conditions) or if needed

modify the project to address major

deficiencies or implement

nonstructural measures. §2040

would have required the ASA to

report every five years on repair

spending.

§3029 expanded the authority to allow the ASA to repair to the design level of

protection (rather than to pre-storm conditions) or if needed to modify the

project to address major deficiencies or implement nonstructural measures.

§3029 required the ASA to report every two years on repair spending. §3029

required the ASA to review the Corps emergency response authorities to

evaluate repairing to pre-flood conditions or to project design, using

nonstructural measures, and incorporating sea-level rise and extreme weather

event risks, and report on the results to House T&I and Senate EPW

Committees within 18 months of enactment.

Post-Disaster

Watershed

Assessments

and Activities

No comparable provision.

§11004 would have authorized

watershed assessments of areas

with federally declared disasters,

and the performance of identified

projects under the Corps flood

control and ecosystem restoration

Continuing Authorities Programs

(CAPs). §11004 would have limited

the federal share of an assessment

to $1million and provide an

authorization of appropriation of

$25 million for each of FY2014

through FY2018.

§3025 authorized watershed assessments of areas with federally declared

disasters, performance of identified projects under the Corps flood control and

ecosystem restoration CAPs; §3025 included no authorization of appropriation

and no per project federal limit. The underlying CAP authorities have federal

per project cost limitations.

Floodplain

Management

Services

No comparable provision.

§2003 would have increased annual

authorization of appropriations

from $15 million to $50 million.

§1030 included a provision similar to S. 601.

CRS-42

Topic

H.R. 3080

S. 601

National Dam

Safety

Program Reauthorization

§124 would have authorized

technical and clarifying changes to

Federal Emergency Management

Agency’s (FEMA) National Dam

Safety Program (e.g., adding a public

awareness initiative); no change

would have been made to the most

recent authorization of

appropriations of $9.2 million for

FY2011.

Title IX would have authorized

technical and clarifying changes to

the National Dam Safety Program

(similar to §124 of H.R. 3080), and

would have provided for an annual

authorization of appropriations of

$9.2 million for FY2014 through

FY2018.

§3001authorized technical and clarifying changes to the National Dam Safety

Program similar to H.R. 3080 and S. 601, and provided for an annual

authorization of appropriations of $9.2 million for FY2015 through FY2019.

Federal

Levee Safety

Guidelines

§126 would have required the ASA

to establish federal levee safety

guidelines.

§6004 would have required the

ASA to establish federal levee safety

guidelines.

§3016 required the ASA to establish federal levee safety guidelines with many

elements similar to H.R. 3080 and S. 601, and directed that all federal agencies

consider the guidelines in carry out their levee maintenance activities to the

maximum extent practicable.

Federal

Support for

State Levee

Safety

Programs

§126 would have amended the

Corps Planning Assistance to States

program to allow the ASA to

provide technical assistance to

promote state and local levee safety

programs. To be eligible, a state

would have needed to have or be

establishing a state funded levee

safety program to carry out the

federal guidelines. No authorization

of appropriations was specified.

§6004 would have authorized a

national program to promote state

levee safety programs and would

have required multiple components

(e.g., levee inventory hazard

potential classification system,

national levee safety technical

assistance and training program).

§6004 would have established a

grant program to assist eligible

states and Indian tribes with state

levee safety programs. §6009 would

have included annual authorization

of appropriations of $300 million

for FY2014 through FY2023.

§3016 established a levee safety initiative. §3016 authorized the Federal

Emergency Management Agency (FEMA) Administrator to provide assistance

to state and tribes in establishing or improving levee safety programs and

conducting levee inventories; this assistance is subjected to funding specified in

appropriations acts for FEMA. §3016 provided an authorization of

appropriations for this FEMA technical assistance of $25 million for each of

FY2015 through FY2019. §3016 authorized the ASA to provide technical

assistance and training to promote levee safety and assist levee owners in

reducing flood risks associated with levees and developing levee safety

programs.

CRS-43

Conference Report/P.L. 113-121

Topic

H.R. 3080

S. 601

Conference Report/P.L. 113-121

Vegetation

on Levees

§127 would have required the ASA

to review Corps national guidelines

for vegetation on levees and

consider amendments that would

allow for local variances; within a

year of enactment, the ASA would

have been required to revise the

existing guidelines.

§2020 would have required the

ASA to review the Corps 2009 and

2012 levee vegetation guidelines

and consider amendments that

would allow for local variances and

solicit input from the National

Academies. Within two years, the

ASA would have been required to

revise existing guidelines.

§3013 required the ASA to review the Corps 2009 and 2012 levee vegetation

guidelines, similar to S. 601, and consider amendments that allow for local

variances and solicit input from independent experts and consider

recommendations submitted by Corps region teams and state, tribal, regional,

and local entities. §3013 required that the ASA within 18 months of enactment

to revise existing levee vegetation guidelines. §3013 included no reference to

Corps 2014 levee vegetation guidance, which replaced the 2009 guidance.

Economic

Analysis of

Flood Damage

Reduction

Projects

§147 would have required

economic analyses for feasibility

studies to consider: reduction in

damage to infrastructure and public

and private property; direct and

indirect economic benefits including

national and regional economic

volatility, disruption, and losses; and

public safety benefits.

No comparable provision.

No comparable provision.

NFIP Levee

Certification/

Accreditation

No comparable provision.

§2021 would have authorized the

ASA to carry out levee system

evaluations for FEMA Levee

Accreditation for the National

Flood Insurance Program (NFIP) for

federally authorized projects at a

65% federal/ 35% nonfederal costshare (subject to nonfederal abilityto-pay). No authorization of

appropriation was specified.

§3014 directed the ASA to ensure that an activity under the Corps’ inspection

of completed works program provide adequate information to reach a levee

accreditation decision under FEMA’s regulation for the mapping of areas

protected by levees, and to better align the timing of Corps inspections with

National Flood Insurance Program (NFIP) schedules. §3014 also authorized the

ASA to carry out certain levee system evaluations of federally authorized

levees for NFIP levee accreditation purposes at a 50% federal/ 50% nonfederal

cost-share and using amounts made available through the Corps’ Planning

Assistance to States authority (which is modified by §3015 of the conference

report).

CRS-44

Topic

S. 601

Conference Report/P.L. 113-121

Repair and

No comparable provision

Restoration of

Federally

Authorized

Flood Damage

Reduction

Projects

§2022 would have authorized the

ASA to repair or restore federally

authorized flood damage reduction

projects to authorized levels

including for reasons of settlement,

subsidence, sea level rise, or new

datum at a 100% federal expense.

The authorization would have

sunset after 10 years, with a total

authorization of appropriations of

$250 million.

§3017 authorized the ASA for 10 years after enactment to perform cost-shared

restoration of already constructed, federally authorized hurricane and storm

damage reduction projects to authorized levels of protection resulting from

consolidation, settlement, subsidence, sea level rise, and new datum if the ASA

determines the work is technically feasible, environmentally acceptable, and

economically justified. The ASA is limited to using this authorization on

projects with project partnerships agreements that state that the nonfederal

entity is in not required to perform restoration for subsidence and sea level

rise as part of its operation and maintenance responsibilities.

Extension of

Periodic

Beach

Nourishment

No comparable provision.

§2030 would have created a

process by which the ASA can

determine whether to extend for

15 years federal participation in

periodic beach nourishment for

projects that had reached their 50

year construction authorizations.

§1037 authorized that nourishment could continue for three years beyond the

maximum period of nourishment (set at 50 years in 42 U.S.C. 1962d-5f) for

projects that had their federally cost-shared nourishment expiring within 5

years of enactment. §1037 allowed the ASA, at the request of the nonfederal

entity, to review the feasibility of extending nourishment for fifteen years and

make a recommendation on an extension of nourishment extension. The 15year extension of nourishment requires congressional authorization.

Levee

Rehabilitation

No comparable provision.

§6004 would have authorized a

program for levee rehabilitation

activities at 65% federal/35%

nonfederal cost-share and a

maximum federal share per project

of $10 million. §6009 would have

provided annual authorization of

appropriations of $300 million for

FY2014 through 2023.

§3016 authorized the ASA to establish a program for levee rehabilitation

assistance activities at 65% federal/35% nonfederal cost-share and a maximum

federal share per project of $10 million. §3016 provided an annual

authorization of appropriations of $30 million for FY2015 through 2019.

Levee Safety

Board/

Committee

No comparable provision.

§6005 would have established a

National Levee Safety Advisory

Board to provide advice on levee

safety and to monitor the

effectiveness of the national levee

safety program created in §6004.

§3016 amended an existing authority (33 U.S.C. 3302) for the national

committee on levee safety, including adding the ASA and FEMA Administrator

as nonvoting members and direction on committee duties and roles; the

committee is to report to the ASA and Congress on the effectiveness of the

levee safety initiative.

CRS-45

H.R. 3080

Topic

H.R. 3080

Levee Safety

No comparable provision.

Status and

Levee Liability

Reports

Source: CRS.

CRS-46

S. 601

§6007 would have required the

ASA to report every two years on

the nation’s levees, and once on

levee liability issues.

Conference Report/P.L. 113-121

§3016 included a provision similar to S. 601.

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Restoring and Protecting Aquatic Ecosystems

As part of its mission, the Corps undertakes projects and activities intended to restore the

structures, function and natural processes of aquatic ecosystems to a more natural condition. It

also has authorities related to control of invasive species at its projects. Congress directs and

facilitates these actions through project-specific provisions and programmatic provisions that

direct broader Corps authorities and efforts, among other things.

Ecosystem Restoration31

WRRDA 2014 authorized new construction projects that aim to restore aquatic resources. Projectspecific authorizations (discussed in an earlier section, “Authorizing Projects and

Managing Subsequent Authorizations”) include projects that are part of comprehensive efforts to

restore the Everglades and Coastal Louisiana. For the Everglades, the conference report

authorized four projects at a total cost of approximately $1.9 billion.32 For Coastal Louisiana, the

conference report authorized seven projects under the Louisiana Coastal Area (LCA) restoration

program at a total cost of $2.1 billion. Overall, the conference report authorized new restoration

projects at a total cost of $6.05 billion ($3.62 billion in federal costs and $2.43 billion in

nonfederal costs). It also authorized other multi-purpose projects with environmental restoration

elements.

WRRDA 2014, as shown in Table 11, directed new studies in specific geographic locations which

may result in new major ecosystem restoration construction efforts, including efforts in Coastal

Louisiana, the North Atlantic coast, and Chesapeake Bay, among other places. In most cases,

additional actions by Congress would be required to authorize new physical construction in these

areas. Similar to S. 601, WRRDA 2014 (§4011) authorized ten feasibility studies to be drawn

from a 2012 Louisiana state plan (i.e., Louisiana Comprehensive Master Plan) and incorporated

into the existing Corps LCA program and reporting requirements. These studies are in addition to

the LCA projects authorized for construction referenced above.

Similar to S. 601, WRRDA 2014 (§4009) authorized a new feasibility study for coastal ecosystem

restoration projects in a large region of the Northeast. This North Atlantic coastal study could

result in a recommendation for authorization of new restoration efforts in coastal areas from

Virginia to Maine. WRRDA 2014 also authorized the Corps to carry out projects identified by the

North Atlantic coastal study using existing relevant authorizations for smaller projects (i.e.,

projects under the Corps Continuing Authorities Programs). Construction of new projects that are

not already authorized require additional authorization by Congress. WRRDA 2014 also

authorized an ocean and coastal ecosystem resiliency program, which is discussed in the

“Addressing Other Issues” section below.

WRRDA 2014 also authorized additional restoration studies and work in the Chesapeake Bay.

Similar to a proposal in H.R. 3080, WRRDA 2014 (§4010) converted an existing Corps

Chesapeake Bay watershed assistance authority from a pilot program to a “program.” Assistance

31

This section was written by (name redacted), Specialist in Natural Resources Policy, 7-...., and (name redacted),

Specialist in Natural Resources Policy, 7-.....

32

For more information on progress toward Everglades restoration, see CRS Report R42007, Everglades Restoration:

Federal Funding and Implementation Progress, by (name redacted).

Congressional Research Service

47

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

may be provided for a variety of projects and activities, ranging from sediment and erosion

control to ecosystem restoration. The projects and activities have to follow a comprehensive

restoration plan, which the ASA is directed to complete within two years of enactment in

cooperation with other federal agencies, state and local government officials and affected

stakeholders. The program’s authorization of appropriations remained unchanged at $10 million.

WRRDA 2014 also changed the authorization for appropriations from $50 million to $60 million

for carrying out oyster restoration activities in the Chesapeake Bay.

Provisions in WRRDA 2014 also provided direction for environmental restoration work by the

Corps. Similar to S. 601, the conference report (§1011(b)) established general criteria for

prioritizing funding for environmental restoration projects. It specified that those projects which

address threats to public safety, restore ecosystems of national significance, and which are of

significance for federally protected species (including migratory birds) should be prioritized for

funding. It also specified that projects that contribute to other ongoing restoration efforts should

receive priority. It is unknown to what extent this may alter the Administration’s budget

development process for the Corps, which recently has reflected other priorities and criteria.

Invasive Species

WRRDA 2014 also contained provisions to address invasive species.33 Similar to S. 601,

WRRDA 2014 (§1039(b)) required an interagency review of federal invasive species

authorities.34 Similar to H.R. 3080 , WRRDA 2014 also required a GAO report on the adequacy

of federal invasive species activities, among other things.

WRRDA 2014 (§1039(c)) altered existing Corps invasive species authorities (33 U.S.C. 610). It

added to the existing Corps authority to control noxious aquatic plant growths at navigable

waters, tributary streams, connecting channels, and other waters of the United States. It also

authorized the Corps to conduct efforts to control “aquatic invasive species” in these areas and

added “prevention” to the existing authorized activities of control and eradication. It increased

Corps authorized appropriations for these activities from $15 million to $20 million annually for

aquatic plant control, $20 million annually for the new authority for aquatic invasive species.

WRRDA 2014 also directed invasive species work in specific basins and water bodies. The

conference report (§1039(b)) authorized an interagency effort to combat the spread of Asian carp

in the Upper Mississippi and Ohio River basins. This provision included authority for the federal

government to provide aid, including technical assistance, to state and local governments.35 In

addition to this effort, the conference report expanded reporting requirements associated with

Asian carp. The approach in the conference report in this respect was similar to both S. 601 and

H.R. 3080. In addition to these activities, the WRRDA 2014 (§1039(c)), similar to S. 601,

authorized the establishment of watercraft inspection stations in the Columbia River Basin, to

prevent the spread of aquatic nuisance species at Corps reservoirs in this region.

33

For more on federal invasive species activities, see CRS Report R43258, Invasive Species: Major Laws and the Role

of Selected Federal Agencies, by (name redacted) and (name redacted).

34

The review is to be carried out by the Corps, the Fish and Wildlife Service, and the Tennessee Valley Authority.

35

To date, the federal government has been involved in efforts to control Asian carp focused on the connection

between the Great Lakes and the Mississippi River in the Chicago area, as well as control efforts and study of other

areas. For more, see CRS Report R41082, Asian Carp and the Great Lakes Region, by (name redacted), (name reda

cted), and Cynthia Brougher.

Congressional Research Service

48

Table 11. Select Ecosystem Restoration and Invasive Species Provisions

Topic

H.R. 3080

S. 601

Conference Report/P.L. 113-121

Invasive

Species

Control

§137 would have amended 33

U.S.C. 610(a) to expand Corps

authorities to control invasive

species beyond aquatic plants to

include aquatic invasive species on

all waters of the United States.

No comparable provision.

§1039(c) was similar to the proposed provision in H.R. 3080, but added

additional authority for the Corps to conduct “prevention” efforts related

to invasive species and increased the authorization of appropriations for

Corps invasive species activities.

Asian Carp

Control

§144 would have authorized an

interagency effort to combat the

spread of Asian carp in the Upper

Mississippi and Ohio River basins,

and require related reports.

§2052 contained a similar provision to

H.R. 3080.

§1039(b) authorized a provision similar to H.R. 3080 and S. 601.

Invasive

Species

Studies

§145 would have required GAO to

report on the adequacy of the

federal government’s investment in

invasive species activities, among

other things.

§2052 would have required an

interagency review of federal invasive

species authorities by the Corps, the

Fish and Wildlife Service, and the

Tennessee Valley Authority.

§1039(b) required the studies that were included in both the H.R. 3080

and S. 601.

Ecosystem

Restoration

Funding

Prioritization

No comparable provision.

§2045 would have directed that funding

be prioritized for ecosystem restoration

projects that address threats to public

safety, restore ecosystems of national

significance, and are significant for

federally protected species (e.g.,

migratory birds). It also would have

prioritized projects that contribute to

other ongoing Federal, state, or local

restoration efforts.

§1011 authorized a provision similar to S. 601

CRS-49

Topic

Louisiana

Coastal Area:

New

Feasibility

Studies

H.R. 3080

S. 601

Conference Report/P.L. 113-121

No comparable provision.

§3018 would have authorized 10

feasibility studies to be drawn from a

2012 Louisiana state plan (i.e., Louisiana

Comprehensive Master Plan) and

incorporated into the existing Corps

LCA program and reporting

requirements.

§4011 authorized a provision similar to the proposal in S. 601.

North Atlantic No comparable provision.

Coastal

Restoration

§5002 would have authorized a new

feasibility study for coastal ecosystem

restoration projects in the Northeast,

from Virginia to Maine, and would

require recommendations to Congress.

§4009 authorized a provision similar to the proposal in S. 601.

Chesapeake

No comparable provision.

Bay:

Restoration

Assistance and

Oyster

Restoration

§5003 would have changed an existing

authority for Corps financial assistance

for restoration in the Chesapeake Bay

watershed from a pilot program to a

“program.” Assistance w

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