By: Sarah Johnson
Lately we have noticed that the Water Resources Development Act of 2018 has been getting a lot of attention. Although the bill died last year, the policy was actually passed via another bill; and therein lies a story. This year, HR 1137 has been proposed to “amend the Water Resources Development Act of 1986 to repeal the authority relating to reprogramming during national emergencies.” Amazingly enough, these bills have to do with Trump’s National Emergency he declared to build the wall. Let’s take a closer look!
What is the Water Resources Development Act of 1986?
The Water Resources Development Act (WRDA) of 1986, primarily established cost sharing formulas for water resource development projects. What does “water resource development” mean you ask? This primarily refers to projects relating to the construction of harbors, inland waterway transportation and flood control. An incredibly important part of what impacts all of our lives every day, especially in times of natural disaster. The projects are usually proposed, planned and completed by the U.S. Army Corps of Engineers (USACE ). Almost every coastal community in America is somehow affected by a Corps of Engineers project.
This bill authorized around $16 billion in funding allowing for the creation of 270 projects, studies and plans spanning across almost every state in the country. It deauthorized 290 projects and laid out a policy to deauthorize other projects if funds are not been obligated for construction, including planning and design, within 5 years of when the bill passed.
The cost sharing aspect of this bill is an important part to pay close attention to. It aimed to give the stakeholders in the communities the projects would impact more involved roles when it came to the finances and decision making. The bill stated that in order for any project to be considered and begin a feasibility study, it has to have 50 percent of its funding come from non-Federal interests. The bills goes so far that it prohibits the government from initiating or planning any projects until non-Federal interests agreed to contribute to the project.
This bill marks the first time in US history that Congress mandated cost sharing between the federal government and local sponsors, and it was met with both support and opposition. People in support of cost-sharing stated that money appropriated for these projects would be put to better use because the market would also have to agree to their viability and necessity. Opposition stated that although increased scrutiny and investment from communities could be a good thing, the pace and method in which the federal government works could lead local sponsors to become impatient and impact the overall success of the project (especially after having made substantial investments in the projects).
The first WRDA legislation was passed in 1976. WRDA legislation was historically passed every two years from 1986 to 2007. However, in recent years, Congress has only been able to enact three WRDA bills: in 2007, 2014 and 2016. WRDA currently has a backlog of nearly $100 billion worth of projects that have been authorized but have not yet received appropriations. If passed by Congress, the current WRDA legislation would be added to the list of projects awaiting congressional appropriations.
What was the Water Resources Development Act of 2018?
The Water Resources Development Act of 2018, or US HR8, aimed to authorize a wide variety of water resource projects and policies administered by the USACE. Notably it included projects involving navigation, flood control, hydro power, recreation, ports, harbors, inland waterways, water supply and emergency management. This bill ended up failing but the language was added to a different bill which passed, America’s Water Infrastructure Act (WIA) of 2018, or US S3021.
What is America’s Water Infrastructure Act?
WIA, or US S3021, is one of the most significant infrastructure bills to pass under the Trump administration, and was heralded by groups like the American Society of Civil Engineers. Not only does this bill enact some of its own policies, but many other important water infrastructure acts were added to it along the way, like US HR8.
The Water Resources Development Act of 2018 was Title I of US S3021, authorizing over $6 billion in federal spending for ports, harbors and waterways. This will help fund over 100 projects from around the nation, ranging from drinking water protection (think of Flint) to flood prevention (think of anywhere with a hurricane lately). Another interesting aspect of the WRDA’s part of the bill is funding to help address the toxic algal blooms in Florida creating an environmental crisis – Governor Rick Scott declared a state of emergency for counties along the coast.
Photo by delfi de la Rua on Unsplash
Along with have the WRDA, the WIA also has a Safe Drinking Water Act and the Water Infrastructure Finance and Innovation Act (WIFIA) attached to it. To read more about how the bill became a law, and what this collection of new policies will mean, see this helpful CRS Report.
When speaking about the bill, Senator Tom Carper said “the bill will help coastal communities prepare for the growing risks of climate change and help communities across America invest in local water infrastructure needs.”
What is the Water Resources Development Bill Proposed in 2019?
US HR1137 is titled: To amend the Water Resources Development Act of 1986 to repeal the authority relating to reprogramming during national emergencies. The title is nearly as long as the bill itself, which reads as follows, in its entirety:
REPEAL OF REPROGRAMMING AUTHORITY. Section 923 of the Water Resources Development Act of 1986 (33 U.S.C. 2293) is repealed.
(Link added by me so you can read what is being repealed.)
Amazingly, this Act has to do with Trump’s Wall and his National Emergency.
On February 15, 2019, Trump invoked a 1976 law that allows him to use extraordinary powers during a declared “national emergency”. Existing law says that the President
“may (1) terminate or defer the construction, operation, maintenance, or repair of any Department of the Army civil works project that he deems not essential to the national defense, and (2) apply [those] resources….including funds, personnel, and equipment, to construct or assist in the construction….of authorized civil works, military construction, and civil defense projects that are essential to the national defense”
Yes, that’s good old 33 U.S. Code 2293, which is what HR1137 is trying to repeal.
Other Water Resources Bills in the 116th Congress
On Feb 13, 2019, Representative Grace Napolitano (D-CA) introduced legislation, HR1162, to establish a new grant program for funding water recycling and reuse projects. The legislation, entitled the Water Recycling Investment and improvement Act, would assist water agencies in the expanding, planning, designing and building of water recycling plants. The legislation would also help modernize existing water infrastructure in California and other western states.
Specifically, the legislation increases funding authorization or the U.S. Bureau of Reclamation’s Title XVI water recycling grant program to $500 million from the current $50 million, makes Title XVI a permanent program (the program currently expires in 2021), and funds water recycling and reuse projects for 17 western states.
Potential Water Infrastructure Related Impacts of the National Emergency
The Corps annual budget is just a bit more than the projected $6 billion wall cost, but USACE received $15 billion in post-disaster funds from Congress last year, most of which is unspent. So the President using his “national emergencies” power to fund building the wall may mean Corps dredging and construction projects funded from either FY18 supplemental or FY19 Work Plan will be put on hold, like projects included in 2018’s WRDA and this new Water Recycling plan, among others. It will be interesting to see how all of this plays out!
Cover Photo by mrjn Photography on Unsplash
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