RL33504
Water Resources Development Act (WRDA): Corps of Engineers Project Authorization Issues
May 09, 2007

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National Agricultural Law Center

Summary:

Congress generally authorizes new Army Corps of Engineers water resources studies and projects in a Water Resources Development Act (WRDA) before appropriating funds to them. The 107th, 108th, and 109th Congresses considered but did not enact WRDA legislation; WRDA enactment previously had loosely followed a biennial schedule. The most recent WRDA was enacted in 2000. Pent-up demand for new authorizations is prompting interest in passing a WRDA in 2007. Efforts have focused on moving WRDA legislation in 2007 based on authorizations for projects, studies, and policy changes that were included in WRDA bills passed by the two chambers during the 109th Congress, and considering additional authorizations in separated legislation later in the 110th Congress. WRDA 2007 -- H.R. 1495, which is estimated to cost more than $14 billion in the next 15 years -- was passed by the House on April 19, 2007. On April 30, 2007, the Senate Committee on Environment and Public Works reported its WRDA 2007, S. 1248. CBO's cost estimate was more than $31 billion over the next 15 years; $15 billion of the estimate was attributed to hurricane protections works for coastal Louisiana. A Manager's Amendment is anticipated during Senate floor consideration; it is reported that the coastal Louisiana authorizations may be trimmed to mirror language specific to New Orleans hurricane protection that was in the House bill (which CBO estimated at $3 billion). Issues that shaped WRDA debates in recent Congresses continue to receive attention, as well as new issues such as incorporating climate change into the planning of Corps projects. The Administration has expressed reservations about the total authorization level of recent WRDA bills and numerous specific provisions. On April 18, 2007, OMB released a Statement of Administration Policy (SAP) for H.R. 1495 that "strongly opposes H.R. 1495 in its current form" and characterizes the level of authorizations as "unacceptable." The Administration has not issued a SAP on S. 1248. Other issues shaping WRDA 2007 include different opinions on Corps reform measures (such as independent review and project planning), increases in the federal cost for some water resources activities and nonfederal cost share credits, and expansion of the Corps' authorizations in municipal water and wastewater infrastructure, called environmental infrastructure projects. H.R. 1495 is based largely on the House-passed WRDA bill of the 109th Congress. H.R. 1495 includes authorizations for almost 700 projects and studies and a few regional efforts. It would authorize approximately $1.1 billion in construction activities to restore wetlands in coastal Louisiana, and actions to improve hurricane protection in New Orleans. Authorization of spending for navigation improvements ($2.0 billion) and ecosystem restoration ($1.6 billion) on the Upper Mississippi River-Illinois Waterway, and Florida Everglades restoration ($2 billion), are included. These regional authorization also are present in S. 1248. S. 1248 has most of the same provisions as the Senate-passed WRDA of the 109th Congress. S. 1248 would authorize less than half the number of studies, projects, and project modifications as H.R. 1495, and create a National Levee Safety Program.