NWC News Alert

July 29, 2022

Happy Friday NWC members,

After the last 24 hours in DC, the quote “There is nothing permanent but change” keeps going through my head. The reconciliation bill that was on life-support in the Senate suddenly just got an injection (more about that next week), the Senate passed their version of the Water Resources Development Act and a Senate committee unveiled draft language on FY2023 appropriations, all in one day. So let’s get to it.

Water Resources Development Act Sails Through Senate. On July 28, the U.S. Senate successfully passed an amended version of the House’s Water Resources Development Act of 2022 (H.R. 7776, as amended by Senate/WRDA 2022) by a vote of 93-1. Senator Mike Braun (R-Ind.) was the sole “no” vote. The Senate bill includes 30 projects and 36 studies. The Senate will now move to conference their WRDA bill with the House to work out any disagreements.

WRDA is generally passed on a biennial basis to authorize (but not appropriate) funding for U.S. Army Corps of Engineers (Corps) water resource studies and projects, as well as provides policy changes for the Corps civil works program. Earlier this summer, the Senate Environment and Public Works Committee unanimously passed their WRDA 2022 bill (S. 4137).

To read the approved substitute amendment, click here.

SENATE APPROPRIATIONS COMMITTEE RELEASES TEXT FOR 12 APPROPRIATIONS BILLS. The Senate Appropriations Committee released draft text for its 12 appropriations bills on Thursday, July 28. The package is nearly $1.7 trillion and includes $653 in non-defense discretionary funding, a 10 percent increase over FY2022. To read a fact sheet on overall funding numbers, click here.

On July 20, the House of Representatives passed half of its 12 FY2022 appropriations bills (Agriculture, Energy and Water, Financial Services, Interior, Military Construction, and Transportation). The Senate draft bills will provide a starting point for negotiations before the current fiscal year ends on September 30, 2022. Due to policy and funding disagreements and the upcoming election, it is likely that FY2023 will not meet the September 30 deadline. Instead, Congress is likely to pass one or more continuing resolutions (CR) to punt FY2023 appropriations discussions until after the election or potentially into 2023 based on the outcome of the elections.

Below is a highlight of the Senate appropriations bill:

Energy and Water appropriations: The Energy and Water portion of the spending bill allows $57.54 billion collectively for the U.S. Army Corps of Engineers, U.S. Department of Energy, Bureau of Reclamation, as well as assorted independent agencies. Under USACE, the Corps receives $8.7 billion, an increase of $414 million over FY2022. The bill also contains $1.95 billion for the Bureau of Reclamation, an increase of $27 million over FY2022. Under the language, the committee includes three new start investigation studies and further new starts under Investigation and Construction. Furthermore, the measure instructs the Corps to provide a work plan to the Committee no later than 60 days after enactment. To read the draft text, click here or here to read the explanatory statement.

Highlights:

  • Investigations: $165.67 million
  • Construction: $2.16 billion
  • Mississippi Rivers and Tributaries: $373 million
  • Regulatory Program: $213 million (the explanatory statement notes concern with the permit backlogs and instructs the Corps to “appropriately staff positions in the district.” Additionally, the Corps is instructed to provide a report within 90 days of enactment on staffing levels and permit backlogs in the past five years, as well as a plan to address the staffing shortage).
  • Harbor Maintenance Trust Fund receives $2.3 billion
  • Donor and energy ports: $56 million
  • Flood control and coastal emergencies: $35 million
  • WIFIA (dams): $10 million
  • Advanced funds agreement. The language allows the Corps to accept funds for a state or political subdivision for both the federal and non-federal share to construct an authorized water resources project. Under the language, the Corps may start construction prior to a new start determination.

To check out funding levels for other federal agencies, click here.