On October 23, 2018, the President signed Senate Bill No. 3021, America’s Water Infrastructure Act of 2018, into law (Public Law 115-270).  The law, also known as the Water Resources Development Act (WRDA) of 2018, includes some interesting provisions that I will highlight in this post.

The Sense of Congress

The first provision reaffirms that Congress would like to pass a water resources development bill each time they meet. The first WRDA was passed in 1974 and in the 1980’s and 1990’s new legislation was passed almost every two years.  Between 2000 and 2014 the pace of reauthorizations slowed. The passage of the 2018 reauthorization sets Congress back on the every-two-years pace, with bills passed in 2014, 2016, and 2018.

Move Civil Works to Another Agency?

The law requires the U.S. Army Corps of Engineers (USACE) to hire the National Academy of Sciences to conduct a two-year study on:

The ability of the Corps of Engineers to carry out its statutory missions and responsibilities, and the potential effects of transferring the functions (including regulatory obligations), personnel, assets, and civilian staff responsibilities of the Secretary relating to civil works from the Department of Defense to a new or existing agency or subagency of the Federal Government, including how such a transfer might affect the Federal Government’s ability to meet the current statutory missions and responsibilities of the Corps of Engineers; and,

Improving the Corps of Engineers’ project delivery processes, including recommendations for such improvements, taking into account factors including: the effect of the annual appropriations process on the ability of the Corps of Engineers to efficiently secure and carry out contracts for water resources development projects and perform regulatory obligations; the effect that the current Corps of Engineers leadership and geographic structure at the division and district levels has on its ability to carry out its missions in a cost-effective manner; and the effect of the frequency of rotations of senior leaders of the Corps of Engineers and how such frequency affects the function of the district.

Economic Analysis Methods

The statute also requires the USACE to hire the National Academy of Sciences also to:

carry out a study on the economic principles and analytical methodologies currently used by or applied to the Corps of Engineers to formulate, evaluate, and budget for water resources development projects; and, make recommendations to Congress on potential changes to such principles and methodologies to improve transparency, return on Federal investment, cost savings, and prioritization, in the formulation, evaluation, and budgeting of such projects.

Transparency and Stakeholder Engagement

The law requires USACE to enhance transparency and information exchange. The USACE must issue project proposal guidance for non-Federal project sponsors, assist non-Federal interests with researching and identifying USACE project authorizations and decision-making documents. The law also strengthens stakeholder engagement.

Texas Projects

As for projects in Texas, the law:

• Authorizes a navigation feasibility study of the Trinity River and Tributaries near Liberty, Texas, as defined in the USACE 2017 and 2018 reports to Congress;
• Authorizes a flood risk management feasibility study associated with West Cell Levee, Irving, Texas, as defined in the USACE 2017 and 2018 reports to Congress;
• Directs the USACE to “expedite the completion of studies for flood damage reduction, hurricane and storm damage reduction, and ecosystem restoration in the coastal areas of Texas that are identified in the interim report due to be published in 2018 that describes the tentatively selected plan developed in accordance with section 4091 of the Water Resources Development Act of 2007;”
• Directs USACE to prepare a report on the status of the implementation of a water supply contract at Wright Patman Lake, Texas; and,
• Directs USACE to “expeditiously carry out any project for flood risk management or hurricane and storm damage risk reduction authorized as of the date of enactment of this Act to be carried out by the Secretary in Texas, Florida, Georgia, Louisiana, South Carolina, the Commonwealth of Puerto Rico, or the United States Virgin Islands.”

Please note that “authorizations” in federal law, just provide direction and permission to take action, but without any funding.  In federal water resources programs, Congress must then decide to “appropriate” funding to actually complete authorized projects.

Did you notice anything interesting in this year’s WRDA? Leave a comment if you did.

Oh, and Happy Halloween!