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# Legislative Bulletin..............................................August 1, 2007

**Contents:**

**H.R. 1495**---Water Resources Development Act of 2007 **CONFERENCE
REPORT**

H.R. 1495---Water Resources Development Act of 2007 Conference Report

*(Oberstar-MN)*

[NOTE]{.underline}:

\--In the last Congress, a WRDA bill passed the House in 2005 (H.R.
2864), at a cost of \$4.4 billion over five years. The last time WRDA
was *signed into law* was in 2000 (Public Law 106-541), at a cost of
\$1.6 billion over five years. And, when the House passed H.R. 1495 on
April 19, 2007, the bill authorized \$7.6 billion over five years and
\$13 billion over the first fifteen years of implementation.

No CBO score is available, but according the SAP, the **[total cost of
implementing the bill would amount to \$20 billion."]{.underline}**

\--The Congressional Research Service notes that, "The Corps now has a
'backlog' of more than 500 authorized projects that have not
consistently received construction appropriations." In addition, the SAP
notes that the "Corps already has a backlog of ongoing appropriations
that will require future appropriations of more than \$38 billion to
complete."

\--**H.R. 1495 contains hundreds of earmarks (as listed in Joint
Explanatory Statement)**

\--**The SAP states "the President will veto the bill."**

**[Order of Business]{.underline}**: The conference report is scheduled
to be considered on the House floor on Monday, August 1^st^, subject to
a closed rule (H.Res. 597), which does not make a motion to recommit in
order.

**[Summary]{.underline}**: H.R. 1495 authorizes Army Corps of Engineers
river and harbor projects under the Water Resources Development Act
(WRDA) and otherwise provides for funds aimed at the development and
conservation of water resources. Highlights of the conference report are
as follows:

## Title I---Water Resources Projects

-   Authorizes appropriations for **46** [water resources
    projects]{.underline} (listed in the bill) in Alaska, Arizona,
    Arkansas, California, Colorado, Florida, Illinois, Iowa, Kentucky,
    Louisiana, Maryland, Minnesota, Mississippi, Missouri, Kansas, New
    Jersey, New Mexico, New York, Ohio, Pennsylvania, South Carolina,
    Texas, Virginia, and Washington.

-   Requires the Secretary of the Army to determine whether a [flood
    damage reduction project]{.underline} is justified in **40**
    localities (listed in the bill) in Alabama, Arizona, Arkansas,
    California, Georgia, Indiana, Louisiana, Massachusetts, Michigan,
    Minnesota, Missouri, New Jersey, New York, Ohio, Pennsylvania, South
    Carolina, Tennessee, Texas, and Wyoming---and allows the Secretary
    to carry out the projects deemed appropriate. Also provides special
    rules for 10 of the 40 projects.

-   Requires the Secretary of the Army to determine whether an
    [emergency streambank protection project]{.underline} is justified
    in **18** localities (listed in the bill) in California, Florida,
    Louisiana, Maryland, Minnesota, Missouri, New York, Tennessee,
    Texas, and Vermont---and allows the Secretary to carry out the
    projects deemed appropriate.

-   Requires the Secretary of the Army to determine whether a
    [navigation project]{.underline} is justified in **21** localities
    (listed in the bill) in Alaska, Arkansas, Louisiana, Massachusetts,
    Minnesota, Wisconsin, New York and Michigan---and allows the
    Secretary to carry out the projects deemed appropriate. Also
    provides special rules for two of the 10 projects.

-   Requires the Secretary of the Army to determine whether an
    [environmental improvement project]{.underline} is justified in
    **seven** localities (listed in the bill) in California, Florida,
    Iowa, Missouri, New Jersey and Delaware, and Pennsylvania---and
    allows the Secretary to carry out the projects deemed appropriate.

-   Requires the Secretary of the Army to determine whether an [aquatic
    ecosystem project]{.underline} is justified in **43** localities
    (listed in the bill) in Alabama, Alaska, California, Florida,
    Georgia, Alabama, Louisiana, Massachusetts, Minnesota, Michigan,
    Montana, Missouri, Nevada, New Jersey, Ohio, North Carolina, Oregon,
    Pennsylvania, Rhode Island, South Carolina, Virginia, and
    Vermont---and allows the Secretary to carry out the projects deemed
    appropriate. Also provides a special rule for four of the 43
    projects.

-   Requires the Secretary of the Army to determine whether a [shoreline
    protection project]{.underline} is justified in eight localities
    (listed in the bill) in Alaska, Florida, California, Guam, New York,
    Texas and Pennsylvania---and allows the Secretary to carry out the
    projects deemed appropriate.

-   Requires the Secretary of the Army to determine whether a [snagging
    and sediment removal project]{.underline} is justified in **one**
    locality (listed in the bill) in New York---and allows the Secretary
    to carry out the project, if deemed appropriate.

-   Requires the Secretary of the Army to determine whether a [project
    to prevent or mitigate damage caused by navigation
    projects]{.underline} is justified in **two** localities (listed in
    the bill) in Georgia and Indiana---and allows the Secretary to carry
    out the project, if deemed appropriate.

-   Authorizes the Secretary to carry out **one** [aquatic plant control
    project]{.underline} in Nebraska.

## Title II---General Provisions

-   Prohibits the Secretary of the Army from soliciting non-federal
    contributions for projects in excess of the non-federal share listed
    in this legislation.

-   Requires that the Army compile and print a volume of all laws
    related to the improvement of rivers and harbors, flood control,
    beach erosion, and other water resources development.

-   Authorizes the Secretary to enter into cost-sharing agreements with
    non-federal entities for dredged materials projects.

-   Increases the annual authorization for Small Flood Package Reduction
    projects from \$50 million to \$55 million.

-   Increases the annual authorization for projects for Improvement of
    the Quality of the Environment from \$25 million to \$40 million.

## Title III---Project-Related Provisions

-   Provides cost ceilings and other limitations on 178 water projects
    (listed in the bill) in Alaska, Arizona, Arkansas, California,
    Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana,
    Iowa, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota,
    Mississippi, Missouri, Nebraska, New Jersey, New York, Ohio,
    Oklahoma, Pennsylvania, Texas, Virginia, Washington, West Virginia,
    and Wisconsin.

-   Extends for five years the authorizations of five expiring projects
    (in California, Guam, Maryland, Virginia, Massachusetts, and
    Michigan).

-   Extends the authorizations of three projects (in Michigan,
    Wisconsin, and Minnesota) pending determination by the Secretary of
    the Army that such reauthorization is feasible.

-   Terminates, in whole, or in part the authorizations for 40 projects
    in California, Connecticut, Delaware, Maryland, Florida, Indiana,
    Iowa, Kentucky, Massachusetts, Pennsylvania, Louisiana, New Jersey,
    New York, Oregon, Rhode Island, Texas, West Virginia, Washington,
    and Maine.

-   Authorizes eleven land conveyances in Arkansas, Kansas, California,
    Kansas, Missouri, Oregon, South Carolina, and Texas.

-   Eliminates reversionary interests and use restrictions for six
    projects in Idaho, Oklahoma, Oregon, Tennessee, and Washington.

## Title IV---Studies

-   Authorizes 101 new water-related studies (detailed in the bill) in
    Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida,
    Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland,
    Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New
    Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Puerto
    Rico, Rhode Island, South Carolina, Tennessee, Texas, Utah,
    Virginia, Washington, West Virginia, and Wisconsin.

## Title V---Miscellaneous Provisions

-   Allows the Secretary of the Army (upon request of an appropriate
    non-federal entity) to maintain ten navigation channels and
    breakwaters constructed or improved by a non-federal interest in
    Florida, Louisiana, Tennessee, Texas, and Wisconsin.

-   Allows the Secretary to provide up to 50% of the costs of technical,
    planning, and design assistance to non-federal interests for
    watershed management, restoration, and development at 18 locations
    (listed in the bill) in Florida, Georgia, Illinois, Louisiana,
    Nebraska, New Mexico, Massachusetts, New Jersey, New York, New
    Jersey, Ohio, Pennsylvania, and Washington. Authorizes a total of
    \$15 million for such assistance.

-   Allows the Secretary to provide dam safety assistance at fifteen
    locations (listed in the bill) in Idaho, Illinois, Wisconsin,
    Michigan, New York, Ohio and Pennsylvania. Authorizes a total of
    \$12 million for such assistance.

-   Adds five areas in Louisiana to the current list of flood mitigation
    priority areas and authorizes \$20 million.

-   Requires the expedited study (and completion, if feasible) of
    fourteen potential projects in Alaska, California, Florida,
    Louisiana, New York, and Massachusetts.

-   Expedites completion of reports (and if determined to be feasible on
    to project pre-construction, engineering, and design) for five
    projects in Arkansas, Colorado, Florida, Louisiana, and Texas.

-   Authorizes \$7 million for an assessment of the water resources
    needs of the river basins and watersheds of the southeastern United
    States.

-   Authorizes \$4 million for the Upper Mississippi River dispersal
    barrier project, which is a project to prevent and reduce the
    dispersal of aquatic nuisance species through the Upper Mississippi
    River dispersal barrier project.

-   Increases authorized level for Chesapeake Bay environmental
    restoration and protection program from \$10 million to \$40
    million.

-   Increases the authorized level for the Chesapeake Bay Oyster
    Restoration program from \$30 million to \$50 million.

-   Authorizes the Secretary to participate with others in assessing
    hypoxia in the Gulf of Mexico.

-   Authorizes 273 new projects and studies in Alabama, Alaska,
    Arkansas, California, Colorado, New Mexico, Connecticut, Delaware,
    Florida, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland,
    Virginia, Missouri, Michigan, Minnesota, Mississippi, Montana,
    Nebraska, New Jersey, New York, North Carolina, Ohio, Oklahoma,
    Oregon, South Dakota, South Carolina, Pennsylvania, Puerto Rico,
    Tennessee, Texas, Vermont, Virginia, Washington, Montana, Nevada,
    New Mexico, Utah, Wyoming, and West Virginia.

## Title VII---Louisiana Coastal Area

-   Requires the Secretary, in coordination with the Governor of
    Louisiana, to develop a comprehensive plan for protecting,
    preserving, and restoring the coastal Louisiana ecosystem.

-   Authorizes the Secretary to carry out a new program for ecosystem
    restoration of the Louisiana Coastal area.

-   Establishes a Coastal Louisiana Ecosystem Protection and Restoration
    Task Force.

-   Authorizes a total of more than \$1 billion for construction
    projects listed in section 7006 of the bill. Also authorizes four
    other projects in Louisiana if the Secretary determines they are
    feasible at a total cost of \$180 million.

-   Allows other federal funds to be used to fund the *non-federal*
    portion of projects in the Louisiana Coastal Area.

-   Authorizes the Secretary to carry out nine projects in New Orleans
    and the surrounding area.

## Title VIII---Upper Mississippi River and Illinois Waterway System

-   Authorizes the Secretary to undertake navigation improvements and
    restoration of the ecosystem for the Upper Mississippi River and
    Illinois Water System.

-   Authorizes \$256 million (half from the Treasury and half from the
    Inland Waterways Trust Fund) for small scale and nonstructural
    projects on the Upper Mississippi.

-   Authorizes \$1.9 billion (half from the Treasury and half from the
    Inland Waterways Trust Fund) for new locks on the Upper Mississippi
    River and Illinois Waterway.

-   Authorizes \$1.7 billion for ecosystem restoration projects.

## Title IX---National Levee Safety Program

-   Authorizes \$20 million a year for a National Levee Safety Program.

**[Committee Action]{.underline}**: H.R. 1495 was introduced on March
13, 2007, and referred to the Committee on Transportation and
Infrastructure, which held a markup and ordered the bill to be reported
by voice vote on March 15, 2007. On April 19, 2007, the legislation
passed the House by a vote of 394 to 25.

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned about the cost of H.R. 1495. As noted above, the conference
report authorizes a higher level of discretionary spending than the last
WRDA bill signed into law, the WRDA bill that passed the House in the
109^th^ Congress, the original version of H.R. 1495 to pass the House in
April, and the Senate WRDA bill.

As the SAP for this legislation states: "Indeed it seems a \$14 billion
Senate bill went to conference with the House's \$15 billion bill and
somehow a bill emerged costing approximately \$20 billion. This is not
how most Americans would expect their representatives in Washington to
reach agreement, especially when it is their tax dollars that are being
spent."

Some conservatives may also be concerned about the large number of
earmarks included in the bill.

**[Cost to Taxpayers]{.underline}**: No CBO score is available, but the
SAP cites a total cost of \$20 billion for discretionary authorizations.

**[Earmark Compliance:]{.underline}** The [Joint Explanatory
Statement](http://www.rules.house.gov/110/text/110_hr1495cr.pdf)
contains a list of earmarks which number in the hundreds.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill contains various new federal
programs and authorities.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No

**[RSC Staff Contact]{.underline}**: Brad Watson,
<brad.watson@mail.house.gov>, (202) 226-9719