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# Legislative Bulletin..............................................April 19, 2007

**Contents:**

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

H.R. 1495---Water Resources Development Act of 2007 (Oberstar-MN)

[NOTE]{.underline}:

\--The last WRDA passed by the House was in 2005 (H.R. 2864), at a cost
of \$4.369 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. This year's bill would authorize **[\$7.62 billion over five
years]{.underline}**\--and **[the total cost of implementing the bill
would amount to \$13.2 billion over the first fifteen
years.]{.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."

\--**H.R. 1495 contains more than 700 earmarks (as listed in House
Report 110-80). The Manager's Amendment includes 128 earmarks.**

\--The Statement of Administration Policy (SAP) states, "The
Administration strongly opposes H.R. 1495 in its current form."

**[Order of Business]{.underline}**: H.R. 1495 is scheduled to be
considered under a structured rule (H.Res. 319) on April 19, 2007.
Amendments made in order under the rule are summarized below.

**[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 bill are as follows:

## Title I---Water Resources Projects

-   Authorizes appropriations for **43** [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, and Virginia.

-   Requires the Secretary of the Army to determine whether a [flood
    damage reduction project]{.underline} is justified in **35**
    localities (listed in the bill) in Alabama, Arizona, Arkansas,
    California, Louisiana, Massachusetts, Michigan, Minnesota, Missouri,
    New Jersey, New York, Ohio, Pennsylvania, South Carolina, and
    Texas---and allows the Secretary to carry out the projects deemed
    appropriate. Also provides special rules for 7 of the 35 projects.

-   Requires the Secretary of the Army to determine whether an
    [emergency streambank protection project]{.underline} is justified
    in **17** localities (listed in the bill) in Florida, Arkansas,
    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 **10** localities
    (listed in the bill) in Louisiana, Massachusetts, Minnesota, 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,
    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 **28** localities
    (listed in the bill) in Alabama, Alaska, California, Florida,
    Georgia, Louisiana, Massachusetts, Minnesota, Missouri, Nevada, New
    Jersey, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina,
    and Vermont---and allows the Secretary to carry out the projects
    deemed appropriate. Also provides a special rule for one of the 28
    projects.

-   Requires the Secretary of the Army to determine whether a [shoreline
    protection project]{.underline} is justified in **seven** localities
    (listed in the bill) in Alaska, Florida, 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.

## 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.

-   Increases the annual authorization for Small Shore and Beach
    Restoration and Protection Projects from \$3 million to \$5 million.

-   Increases the annual authorization for aquatic ecosystem restoration
    projects from \$25 million to \$40 million.

-   Increases the annual authorization for Small Flood Package Reduction
    projects from \$50 million to \$60 million.

-   Increases the annual authorization for projects for Improvement of
    the Quality of the Environment from \$25 million to \$30 million.

-   Authorizes \$150 million over five years for a new program for the
    Secretary to provide assessment, planning, and design assistance to
    state and local governments for remediation, environmental
    restoration, and reuse of areas that will contribute to improvement
    in water quality or to conservation of water and related resources.
    The federal share could not exceed 50%.

-   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.

-   Permits the Secretary to recommend a project for harbor and
    navigation improvements without the need to demonstrate that the
    project is justified solely by national economic development
    benefits if the affected community is relatively remote, or is in
    one of the U.S. territories, or relies on the harbor for its
    survival.

-   Allows cost-sharing of the use of dredged materials at any water
    resources project (not just aquatic ecosystem restoration projects,
    as in current law) and allows non-profit entities to serve as the
    non-federal interest for such a project under certain circumstances.
    Identifies priority areas in Arkansas, Florida, Louisiana, New York,
    North Carolina, Washington and Texas.

-   Waives cost-sharing requirements up to \$500,000 for projects in
    Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and
    the United States Virgin Island. Cost-sharing requirements are also
    waived for projects in Indian Country (defined as lands within a
    jurisdictional area of an Oklahoma Indian tribe) and also for land
    in Alaska owned by an Alaska Native Regional Corporation or an
    Alaska native Village or in the Metlakatla Indian Community.

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-   Provides that for projects with an increase in the maximum amount of
    federal funds authorized or in the total cost, cost-sharing
    requirements would not be affected.

-   Directs the Secretary to expedite any authorized flood damage
    reduction project for areas that have been affected by
    major-disaster or deadly flooding within the previous five years.

-   Adds the Secretary of the Army to the list of federal agencies
    authorized to enter into contracts with state and local governmental
    entities, including local fire districts, for procurement of
    firefighting services.

-   Authorizes the Secretary to provide certain technical planning
    assistance to a non-federal entity, at their request and at federal
    expense.

-   Adds six new authorized lake silt-removal projects in Illinois, New
    Jersey, North Carolina, New York, and Pennsylvania.

-   Requires the Secretary to develop and implement a coordinated review
    process for water resources projects, with the goal of streamlining
    the review, licensing, and approvals procedures.

-   Authorizes the Secretary to enter into cooperative agreements with
    nonprofit entities to carry out wetlands restoration at authorized
    water projects, capped at \$1 million per project and \$5 million
    per year.

-   Allows persons not employed by the Army Corps of Engineers to
    participate in Corps of Engineers training classes (at cost to the
    participating students).

-   Creates a new program to provide public access to water resources
    and related water quality data held by the Corps of Engineers.
    Authorizes \$5 million for this purpose on an annual basis.

-   Directs the Secretary to issue updated ability-to-pay criteria by
    September 30, 2007 for three projects in Missouri, Texas, and West
    Virginia and Pennsylvania.

-   Adds federally recognized Indian tribes to list of entities afforded
    priority by Corps of Engineers for leasing Corps property.

-   States that the estimated federal and non-federal shares of
    authorized projects are for informational purposes and not to be
    interpreted as affecting cost-sharing under law.

-   Allows the Secretary to select a project that does not maximize net
    national economic development or national ecosystem restoration
    benefits (in the case of ecosystem restoration projects) if there is
    "an overriding reason based on other Federal, state, local, or
    international concerns."

-   Requires independent peer review of authorized projects that have an
    estimated cost of more than \$50 million, with the ability of the
    Chief of Engineers to exclude certain projects or include projects
    below the threshold that are controversial. Reviews are limited to a
    cost of \$500,000, unless waived by the Chief of Engineers.

-   Repeals Section 6009 of PL 109-13. This requires future energy
    exploration and energy production benefits to be taken into account
    in calculating the economic benefits of a navigation project.

-   Requires the Secretary to ensure to "maximum extent practicable"
    that in entering into a contract with a private firm, 50 percent of
    the workforce of a project is from the local area and that the same
    will apply to any subcontractor for the project.

## Title III---Project-Related Provisions

-   Provides cost ceilings and other limitations on 118 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 three expiring
    projects for five years (one in California, one in Guam, and one in
    Massachusetts).

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

-   Terminates, in whole, or in part the authorizations for 11 projects
    in Connecticut, Massachusetts, Washington, and Maine.

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

-   Eliminates reversionary interests and use restrictions for three
    projects in Idaho, Tennessee, and Washington.

## Title IV---Studies

-   Authorizes 86 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 six 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 19 locations
    (listed in the bill) in 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 eight
    locations (listed in the bill) in Idaho, Michigan, New York, and
    Pennsylvania. Authorizes a total of \$6 million for such assistance.

-   Allows the Secretary, upon request from a non-federal entity, to
    conduct structural integrity evaluations of flood damage reduction
    projects and to make repairs and take other corrective action, as
    needed. Prioritizes a project in Arkansas and another in Tennessee.

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

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

-   Expedites completion of reports (and if determined to be feasible on
    to project pre-construction, engineering, and design) for four
    projects in Arkansas, 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 Chesapeake Bay environmental restoration and protection
    program from \$10 million to \$50 million.

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

-   Authorizes 100 new projects and studies in Alabama, Alaska,
    Arkansas, California, Connecticut, Delaware, Florida, Idaho,
    Illinois, Indiana, Kentucky, Louisiana, Maryland, Virginia,
    Missouri, Minnesota, New Jersey, New York, North Carolina, Ohio,
    Oregon, Pennsylvania, Puerto Rico, Tennessee, Texas, Washington, and
    West Virginia.

## Title VI---Florida Everglades

-   Increases and otherwise adjusts the authorizations for and
    provisions regarding several projects in the Florida Everglades.

-   Authorizes an Indian River Lagoon South project at a cost of \$682.5
    million for the federal share of the project.

-   Terminates the authorizations for three Florida Everglades projects.

## Title VII---Louisiana Coastal Area

-   Requires the Secretary, in coordination with the Governor, 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 \$1.1 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 \$184.6 million.

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

-   Expedites completion of reports (and if determined to be feasible
    project pre-construction, engineering, and design) on nine Louisiana
    projects.

-   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 \$235 million (half from the Treasury and half from the
    Inland Waterways Trust Fund) for small scale and nonstructural
    projects on the Upper Mississippi.

-   Authorizes \$1.8 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 \$1.58 billion for ecosystem restoration projects.

-   Requires a determination of whether projects under this title are
    being carried out at a comparable rate and, if not, adjustment of
    annual funding requests accordingly.

**[Amendments Made in Order under the Rule (H.Res. 319)]{.underline}**:

*All amendments are debatable for 10 minutes.*

1\. **[Oberstar (D-MN): Manager's Amendment]{.underline}**: Authorizes
or modifies dozens of projects. The list of earmarks pre-printed in the
Congressional Record on March 29, 2007 lists 128 earmarks.

2\. **[Boswell (D-IA)]{.underline}**: Provides the Rathbun Regional
Water Association with the right of first refusal to purchase any
remaining water supply storage in Rathbun Lake, Iowa. The Rathbun
Regional Water Association would be responsible for paying for any such
purchases.

3\. **[Rohrabacher (R-CA)]{.underline}**: Allows non-federal interests
to levy a container or tonnage fee on imports at U.S. ports. The fees
collected by the ports under this measure could only be spent on
infrastructure and security related to the port that levies the fee.

4\. **[Stupak (D-MI)]{.underline}**: Requires the Secretary to budget
and request appropriations for operation and maintenance of harbor
dredging projects based only upon the criteria used for such projects in
FY 2004 instead of using a standard based on the amount of tonnage a
harbor handles.

5\. **[Blumenauer (D-OR)/Welch (D-VT)]{.underline}**: Strikes Section
2036 from the bill. Requires the Secretary to publish a proposal within
270 days, allow at least 60 days for public comment of the proposal, and
then issue final principles and guidelines for the Secretary to use in
the formulation, evaluation, and implementation of water resources
projects.

6\. **[Kirk (R-IL)]{.underline}**: Adds a new section to the bill
creating a new program for "Small Projects for the Rehabilitation and
Removal of Dams." Allows the Secretary to carry out a small dam removal
or rehabilitation project if the Secretary determines the project is in
the national interest or will improve the quality of the environment.
Requires the non-federal interest to pay for at least 35 percent of the
construction costs as well as for 100 percent of the operations and
maintenance costs. \$25 million is authorized for the program, with no
more than \$5 million to be spent on any one project.

**[Additional Background]{.underline}**: WRDA is generally authorized
every few years. The last authorization passed by the House was in 2005
at a cost of \$4.369 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. This year's bill would authorize \$7.62 billion
over five years.

**[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.

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned at the high level of authorizations (compared to recent
WRDA bills---see "Additional Background" above). Conservatives may also
be concerned about the large number of earmarks included in the bill:
more than 700 in the bill and 128 in the Manager's Amendment filed by
Representative Oberstar (D-MN).

**[Administration Position]{.underline}**: The Statement of
Administration Policy (SAP) states: "The Administration estimates that
it would cost at least \$15 billion and possibly substantially more to
implement the hundreds of new projects and programs that H.R. 1495
contains. The bill would increase the Federal cost-share for many
projects, authorize projects outside of the Army Corps of Engineers'
(Corps) mission, and not ensure that projects yield high economic and
environmental returns. In a time of much-needed fiscal restraint, the
additional spending in this bill is unacceptable. For these reasons, the
Administration strongly opposes H.R. 1495 in its current form."

**[Cost to Taxpayers]{.underline}**: CBO reports that H.R. 1495 would
authorize appropriations of \$1.654 billion in FY2008 and a total of
\$7.62 billion over the FY2008-2012 period. The total cost of
implementing the bill over the first 15 years would come to \$13.2
billion.

**[Earmark Compliance:]{.underline}** The bill, as listed in House
Report 110-80, contains more than 700 earmarks. The Manager's Amendment,
as pre-printed in the Congressional Record, lists another 128 earmarks.

**[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

**[Constitutional Authority]{.underline}**: The Transportation and
Infrastructure Committee, in House Report 110-80, cites constitutional
authority in Article I, Section, but fails to cite a specific clause.
House Rule XIII, Section 3(d)(1), requires that all committee reports
contain "a statement citing the *specific* powers granted to Congress in
the Constitution to enact the law proposed by the bill or joint
resolution."  *(emphasis added)*

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