Special Topics in Environmental Management

How Water Resources Bill May Affect Your Project


Yesterday’s Advisor focused on is the Water Infrastructure Finance and Innovation Act (WFIA), Title X in the draft. Following are the areas covered in the draft’s nine other titles:

Title I–Water Resource Projects–would authorize projects that are the subject of a completed the U.S. Army Corps of Engineers (Corps) report containing a determination that the relevant project is in the federal interest, results in benefits that exceed the costs of the project, and is environmentally acceptable and technically feasible.

Title II–Water Resources Policy Reforms–would:

-Enhance the ability of local sponsors to partner with the Corps by ensuring the eligibility of the sponsors to receive credit for work they carry out and increasing flexibility in applying that credit to a Corps project.
-Ensure that programs can continue to meet important needs by increasing the size and per-project limitations of the programs.
-Encourage continuation of efforts to modernize feasibility studies and establish targets for expedited completion of those studies.
-Seek efficiencies in the management of dams and related infrastructure to reduce environmental impacts while maximizing other benefits, such as flood control, water supply, and hydropower.
-Clarify mitigation requirements for Corps projects and ensure transparency in the independent external reviews of those projects.
-De-authorize projects that have failed to receive a minimum level of investment to ensure that active projects can move forward while reducing the backlog of authorized projects.


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Title III–Project Modifications–would modify existing water resource project authorizations, subject to the condition that the modifications result in no additional cost.

Title IV–Water Resource Studies–would direct the Corps to study and recommend solutions for water resource issues relating to flood risk and storm damage reduction, navigation, and ecosystem restoration.

Title V–Regional and Nonproject Provisions–would authorize regional multistate authorities to address water resource needs and other nonproject provisions that do not have additional costs.

Title VI–Levee Safety–would:

-Promote sound technical practices in levee design, construction, operation, inspection, assessment, security, and maintenance.
-Ensure effective public education and awareness of risks involving levees.
-Establish and maintain a national levee safety program that emphasizes protection of human life and property.         
-Implement solutions and incentives that encourage establishment of effective state and tribal levee safety programs.

Title VII–Inland Waterways–would:

-Improve program and project management relating to the construction and major rehabilitation of navigation projects on inland waterways.
-Optimize the reliability of inland waterway navigation systems.
-Minimize the size and scope of inland waterway navigation project completion schedules.
-Eliminate preventable delays in inland waterway navigation project completion schedules.
-Make inland waterway navigation capital investments through the use of prioritization criteria that seek to maximize system-wide benefits and minimize overall system risk.

Title VIII–Harbor Maintenance.  The purpose of this title is to:

-Ensure that revenues collected into the Harbor Maintenance Trust Fund are used for the intended purposes of the revenues.
-Increase investment in the operation and maintenance of U.S. ports, which are critical for the economic competitiveness of the nation.
-Promote equity among ports nationwide.
-Ensure that U.S. ports are prepared to meet modern shipping needs, including the capability to receive large ships that require deeper drafts.

Title IX –Dam Safety–would minimize the risks to life and property from dam failure in the United States through reauthorization of an effective national dam safety program that brings together the expertise and resources of the federal government and nonfederal interests in achieving national dam safety hazard reduction.


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Sound Federal Investments

Senator Vitter views the draft as a critical “first step” in meeting the nation’s water resources challenges, but insists that measures to ensure stronger oversight of the Corps and its projects be included in any final draft.  In a supportive letter to Boxer, Vitter and seven other Republican senators proposed that the EPW work on the following policy issues:

  • Reforms that expedite and improve the Corps’ project delivery process, including streamlining the current lengthy process while ensuring that Corps projects continue to be sound federal investments. 
  • Solutions that address the policy and funding challenges facing the Inland Waterway Trust Fund and the Harbor Maintenance Trust Fund, including ensuring that the nation’s ports and waterways can meet current and future transportation needs.  
  • Oversight of the Corps’ implementation guidance and internal policies, including ensuring that congressional intent is followed and safeguarded against any negative impacts to authorized projects and studies.   
  • Prioritization of water resource projects, including establishing a process and criteria to ensure that the Corps does not act unilaterally when determining water resource priorities.   

  Again, given the experience of Hurricane Sandy, the parties will probably feel strongly motivated to cooperate on WRDA reauthorization.  The EPW will also be under pressure to move from a discussion draft to a bill that can be reported out of the committee.  Vitter believes a reauthorized bill can win congressional approval by mid-2013. 

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