22 March 2016

World Water Day Brought Much News On – You Guessed It – Water

March 22, or World Water Day, brought with it much discussion about the future of water policy in the United States. Here are a few major takeaways from World Water Day events and announcements:

The White House hosted the first-ever White House Water Summit to shine a spotlight on the importance of solutions to solving the water problems of today. At the Summit, the White House announced a series of “Commitments to Action on Building A Sustainable Water Future,” which overviews commitments to build a sustainable water future made by federal and local governments, institutions and organizations.
We learned that the House Transportation and Infrastructure Committee expects to markup a 2016 Water Resources Development Act (WRDA) in April and hopes to pass a bill in July. This is consistent with reports from the Senate side on potentially marking-up a bill in April.
A senior EPA official said the EPA is ready to “jumpstart” its Water Infrastructure Financing and Innovation Act (WIFIA) program if Congress moves on an aid package for Flint, MI, which has been offered as an amendment to a Senate energy bill (S. 2012), and includes $70 million for secured loans under WIFIA. However, even without the amendment language, assuming money is appropriated, the EPA expects to issue its first WIFIA loan in FY 2017.
The Bureau of Reclamation (Reclamation) released its 2016 SECURE Water Act Report, which builds upon the first SECURE Water Act Report submitted to Congress in 2011. The report characterized the impacts of warmer temperatures, changes to precipitation and snowpack, and changes to the timing and quantity of streamflow runoff across the West by identifying additional impacts of climate change and adaptation strategies throughout Western river basins.
Senate Energy and Natural Resources minority staff released a white paper titled, “A National Framework to Address Drought and Water Security.” The objective of the paper is to bring ideas together and foster a public dialogue to further develop a comprehensive policy agenda that addresses national water security needs.

Overview

Water Resources Development Act (WRDA)

The Water Resources Development Act (WRDA) serves as the primary vehicle through which Congress authorizes U.S. Army Corps of Engineers civil works projects and establishes policy frameworks for water resource development nationwide. Enacted on a biennial schedule, WRDAs provide congressional authorization for USACE to conduct feasibility studies, construct flood risk reduction projects, improve navigation infrastructure, restore aquatic ecosystems, and assist with environmental infrastructure development.

Since the enactment of WRDA 1986, Congress has used these omnibus authorization bills to both create new USACE authorities and refine existing programs based on evolving national priorities and lessons learned from program implementation. Recent WRDAs have addressed critical issues including drought resilience, water supply development, infrastructure modernization, and support for economically disadvantaged communities.

The most recent legislation, the Water Resources Development Act of 2024 (WRDA 2024, P.L. 118-272), continued Congress's bipartisan commitment to strengthening America's water infrastructure by authorizing new construction projects, modifying existing authorities, and establishing updated policy guidance for USACE operations. WRDA 2024 also authorized five new regional environmental infrastructure programs, each incorporating flexible delivery mechanisms that allow federal assistance to be provided through grants or reimbursements to nonfederal sponsors.

Authorization through WRDA is typically a prerequisite for USACE activities to receive federal appropriations through the annual Energy and Water Development appropriations process. This two-step framework—authorization followed by appropriation—ensures congressional oversight of both program scope and funding levels.

Section 219 Environmental Infrastructure

Section 219 of WRDA 1992, as amended, represents one of USACE's most geographically expansive environmental infrastructure assistance authorities. Originally enacted to authorize design assistance for 18 specific projects, Section 219 has been amended by subsequent Congresses to authorize both design and construction assistance for water-related environmental infrastructure in hundreds of municipalities, counties, and states across the nation.

The Congressional Research Service has identified over 600 environmental infrastructure assistance authorities with cumulative authorizations of appropriations totaling approximately $18.1 billion. Section 219 authorities constitute the majority of these geographically specific project authorizations, covering at least 46 states, the District of Columbia, and four U.S. territories.

Section 219 projects address critical community needs including wastewater treatment facilities, water supply and distribution systems, stormwater management infrastructure, surface water protection, and environmental restoration. These projects support public health, environmental quality, and economic development in communities that have secured congressional authorization for USACE assistance.

Congress has continued to expand Section 219 in recent legislation. WRDA 2022 added 132 new Section 219 authorities and amended 24 existing authorities. WRDA 2024 authorized an additional 193 new Section 219 authorities and amended 53 existing authorities, providing a combined $5.4 billion increase in authorization of appropriations. WRDA 2024 also established a seven-year pilot program to increase the federal cost share from 75 percent to 90 percent for Section 219 projects benefiting economically disadvantaged communities.

Unlike traditional USACE water resource projects, Section 219 assistance does not require completion of the agency's standard feasibility study process. However, projects receiving Section 219 assistance must comply with applicable federal environmental laws, including the National Environmental Policy Act.

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US Congressional Calendar

9 December 2024

TFG Presents 2025 Congressional Calendar

The Ferguson Group (TFG) compiled a 2025 Congressional Calendar with session and recess dates for the U.S. House of Representatives and U.S. Senate 119th congressional session.