NWC members and friends,

Big news in the water world! The much-anticipated Water Resources Development Act (WRDA) of 2024 compromise bill was released this evening. For those of you keeping score, WRDA is the bill that lays out what the U.S. Army Corps of Engineers (USACE/Corps) civil works program priorities are for studies, projects, and policies.

Here’s how we got here: Earlier this year, both the House and Senate passed their own WRDA 2024 bills (S. 4367/H.R. 8812) respectively—each reflecting distinct priorities. An informal conference committee, comprising Democratic and Republican staff from the Senate Environment and Public Works Committee and the House Transportation and Infrastructure Committee, worked diligently over several months to reconcile these differences and produce a unified bill. Please reference NWC’s House/Senate WRDA 2024 comparison chart to see the differences between the two WRDA 2024 bills. In the coming days, we’ll update our WRDA 2024 chart to reflect the latest language and share a more detailed analysis.

Typically, WRDA focuses exclusively on USACE’s civil works program. However, this bill includes provisions such as the reauthorization of the Economic Development Administration (EDA) and the repurposing of the Transportation Infrastructure Finance and Innovation Act (TIFIA).

So, what’s in WRDA 2024 aka the Thomas R. Carper Water Resources Development Act of 2024? Based on a preliminary review, an initial high-level summary of potential sections of interest is below. Please note that this information is preliminary, and we’ll be analyzing the text more closely in the coming days:

  • Authorization of New Projects and Studies: The act authorizes 21 new projects and over 200 feasibility studies.
  • New Government Accountability Office (GAO) Studies: Mandates 18 new GAO studies to evaluate various USACE programs and activities: an assessment of the Corps project delivery process; project lifespan and indemnification clause in project partnership agreements; review of the Sec. 408 permissions program; Corps modernization study; study of easements in Corps projects; modernization of environmental reviews; dredge material disposal site construction; distribution of funding from the Harbor Maintenance Trust Fund; environmental justice; donor ports; disaster preparedness and response; homeless encampments on Corps property;  federal-state data sharing efforts; institutional barriers to nature-based features; ecosystem services; tribal coordination; USACE’s role in support of FEMA’s mission in regards to flood mapping, Risk Rating 2.0, flood risk of levees; and material contaminated by a hazardous substance.
  • Continuing Authorities Program: Sec. 1107 modifies funding authorizations for CAPs by increasing federal funding limits per project and annual program limits for specified CAP programs. These adjustments aim to enhance USACE’s ability to undertake smaller-scale projects without requiring specific congressional authorization. It also institutes a pilot program for alternative project delivery of CAP projects.
  • Adding Water Supply as a Key USACE Mission Area: Subtitle B of the Water Resources Development Act (WRDA) of 2024, known as the “Grace F. Napolitano Priority for Water Supply, Water Conservation, and Drought Resiliency Act of 2024,” designates water supply as primary mission of USACE.
  • Expands the Use of FIRO: Section 1162 makes permanent the authority of the Secretary of the Army for Civil Works (ASACW) to incorporate Forecast-Informed Reservoir Operations (FIRO) in managing USACE facilities. It also directs the Corps to prioritize assessing additional areas for integrating FIRO.
  • Harbor Deepening: Section 1117 increases the maximum depth for federal support in harbor construction and maintenance from 50 feet to 55 feet. This adjustment allows deeper harbors to qualify for federal funding, accommodating larger vessels and enhancing port capabilities.
  • Inland Waterway Cost Share Adjustment: This section amends the cost-sharing arrangement for inland waterway navigation projects. It increases the federal share of project costs from 65% to 75% and decreases the non-federal share from 35% to 25%. The changes apply to new or ongoing projects starting October 1, 2024​.
  • Emerging Harbors: Section 1129 focuses on the operation and maintenance of emerging harbors. It requires the ASACW to issue guidance, within 90 days of the Act’s enactment, for implementing provisions under section 210(c)(3)(B) of WRDA 1986. This guidance pertains to maintaining emerging harbors and ensuring their effective operation. Additionally, the section mandates the establishment of a funding mechanism that allows non-federal interests to contribute their share of funds specifically for maintenance dredging activities.
  • Beneficial Use Program: Sec. 1130 establishes the maximization of beneficial use of dredged material as a national goal, requiring at least 70% of suitable dredged material to be used for purposes such as ecosystem restoration and coastal protection. It makes the beneficial use program permanent and mandates its integration into federally authorized dredged material management and regional sediment management plans, particularly in areas vulnerable to coastal land loss or shoreline erosion. Additionally, it authorizes the transfer of excess dredged material to non-federal entities at no cost beyond transportation and liability.
  • National Dam Safety Program: Section 1132 addresses improvements to the National Dam Safety Program. It defines an “underserved community” as one with a population of fewer than 50,000 and a median household income below 80% of the state median. The section updates the National Inventory of Dams to include low-head dams and requires maintaining publicly available data on their safety conditions and potential hazards. It also emphasizes support for floodplain management planning, requiring plans for dam removal and other projects to mitigate flood risks. Additionally, it extends authorization of appropriations for dam safety activities through 2028 and introduces funding adjustments to ensure equitable support for state-level programs.
  • Ability to Pay: Section 1139 revises the criteria and procedures for determining a non-federal interest’s ability to pay for water resource projects. It mandates the Secretary to evaluate factors like per capita income, project costs, financial capability, and whether the community qualifies as economically disadvantaged. The section allows non-federal interests to propose their contribution levels and submit requests for reduced cost-sharing. It also excludes certain projects from these provisions if their costs exceed the national economic development plan. The ASACW must annually report to Congress on all determinations made under this section, including project details and cost adjustments. Updated guidance reflecting these amendments is required within a year of enactment​.
  • Bringing Levee Systems into Compliance: Section 1146 addresses improvements to the systemwide framework for levee management and encroachments. It allows non-federal interests to qualify for repair and rehabilitation assistance under certain conditions, such as developing a systemwide improvement plan prior to a disaster. This plan must identify deferred maintenance issues, outline required repairs, and establish timelines for addressing these issues, with non-federal interests responsible for associated costs. Additionally, the section provides guidance on managing “grandfathered encroachments,” ensuring they do not compromise flood control integrity, and prohibits actions to compel removal unless necessary. It also repeals a related provision from the WRDA 2014.
  • Remote and Subsistence Harbors: Section 1147 modifies provisions related to remote and subsistence harbors. It amends the criteria under which projects qualify for support, specifying that eligible projects must be located in U.S. territories such as Hawaii, Alaska, Puerto Rico, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, or American Samoa. Additionally, the harbor must serve a critical role, either by transporting over 80% of goods consumed domestically or by being essential to the long-term viability of a community or region dependent on it.
  • Remote Lock Operations: Section 1149 authorizes the ASACW to implement remote operations for navigation or hydroelectric power facilities at water resources projects managed by USACE. For a six-year period, the ASACW  can replace on-site personnel with remote operations, provided this transition does not affect activities under the WRDA 1990, addresses all cyber and physical security risks, and increases the project’s capacity or availability. The decision to shift to remote operations must follow a public process involving affected stakeholders and personnel​.
  • Environmental Infrastructure Pilot Program: Section 1305 establishes an Environmental Infrastructure Pilot Program under WRDA 1992. This program allows the ASACW to increase the federal cost share to up to 90% for eligible projects benefiting economically disadvantaged communities. The total annual expenditure for the increased federal share is capped at $10 million. The authority for this program will expire seven years after the enactment of this Act​.
  • Reauthorization of the Economic Development Administration (EDA): Includes a reauthorization of the EDA, which has not been reauthorized since 2008.
  • EDA-related ESA Reviews: Section 2232 directs the Department of Commerce to improve the implementation of environmental reviews, including those under the Endangered Species Act (ESA), for projects funded by the Public Works and Economic Development Act of 1965. The section emphasizes streamlining ESA compliance through expanded use of categorical exclusions, programmatic environmental documents, and interagency agreements. It also requires a report to Congress detailing these efforts and any actions to enhance the efficiency and predictability of ESA and other environmental reviews, aligning them with recent amendments to the National Environmental Policy Act (NEPA).
  • TIFIA Repurposing: This title reallocates $1.8 billion in previously unobligated funds from the TIFIA program. The redistributed funds will be apportioned to states based on their share of federal-aid highway program funding. These funds remain available until September 30, 2028, and can be used for various federal-aid highway purposes. Additionally, provisions are included to ensure that the redistributed amounts align with existing highway program limitations and suballocations. Future fiscal years’ unobligated TIFIA funds (2025 and 2026) are also subject to similar redistributions​.
  • Regional Economic Development: Subtitle B of Title II focuses on regional economic and infrastructure development through enhancements to Regional Commissions. It authorizes $40 million annually from FY2025 to FY2029 for each commission to support infrastructure and economic development programs. The subtitle updates the administrative processes and composition of commissions, clarifying quorum requirements and voting delegations. It expands the coverage areas of existing commissions, such as the Northern Border, Southwest Border, and Delta Regional Authority, while establishing new commissions for the Mid-Atlantic and Southern New England regions. Additionally, it reauthorizes the Denali Commission and Northern Great Plains Authority and creates the Denali Housing Fund to support housing initiatives in Alaska​.

What’s next? Now that the compromise bill is finalized, it must be approved by both chambers as new text. The House plans to vote on it next week, on December 9 or 10, via the suspension calendar. If the House passes the WRDA 2024 bill, it will proceed to the Senate, where leaders intend to “hotline” the bill to expedite its passage before the year’s end.

Note: “Hotlining” is a Senate process that accelerates a bill’s passage by bypassing regular procedures, moving it to a vote with minimal or no floor debate. This involves informal outreach by Senate leadership to gauge support and identify potential objections. If no objections arise, the bill can pass, possibly through unanimous consent.

After both chambers approve the bill, it will be sent to the President for signature and enactment.

Please be aware that this plan is subject to change, and unforeseen challenges may alter the bill’s progression.

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