Draft WRDA bill released, includes HMTF and IWTF provisions
Yesterday, Senate Environment and Public Works (EPW) Committee Chair Barbara Boxer released a draft Water Resources Development Act (WRDA) bill. PNWA continues to review the draft, but would like to provide some preliminary thoughts on the language included.
Harbor Maintenance Trust Fund (HMTF). The draft bill includes language that guarantees full use of the HMTF on its intended purpose. However, it also includes the caveat that the guarantee would not have to be enforced if doing so would result in a loss of funding from other parts of the Corps budget. Other HMTF language proposals in the last few months have provided for a more direct transfer of Harbor Maintenance Tax receipts to the Corps.
The draft also proposes full federal funding for maintenance of harbors up to 50 feet and would allow federal funding for berth dredging of projects in states that contribute more than 2.5 percent of HMTF receipts yet receive less than 50% of what their state contributes. Priority would be given to projects that have historically received the lowest amounts of funding. In reviewing HMT collections by state, as well as historic coastal O&M outlays, the State of Washington would qualify for these additional project expenditures.
Inland Waterways Trust Fund (IWTF). Many of the recent IWTF proposals coming out of Congress and the Administration revolve around the way the fund is collected, including suggestions to increase the fuel tax, switch to lockage fees, and change Olmsted project funding. Sen. Boxer's draft legislation does not address those items, but rather provides a list of project delivery improvements. These include modifications to the way projects are managed and developed, establishment of at least one USACE center of expertise, and guidelines for the Inland Waterways Users Board (IWUB). The IWUB would provide recommendations to the Assistant Secretary of the Army (ASA) on priorities & spending, and would provide advice to Congress regarding Chief of Engineers reports, spending levels, etc. Regarding IWFT collections, the bill does include language directing the Comptroller General to evaluate the efficiency of current fuel tax collection methods, and provide a report on alternative collection options no later than two years after the bill is passed.
Section 214. PNWA leads a nationwide effort to advocate for Section 214 permanence in the next WRDA bill, and was disappointed to see that there was no such language included in Sen. Boxer's draft. Section 214 is the funding authority that allows the Corps to accept funds from non-Federal public entities, like ports, to hire additional regulatory staff to expedite the permitting process. Funding for additional Corps staff has resulted in a reduction of permit wait times not only for the funding entity, but for any individual or organization that makes an application with that District of the Corps. Ports, cities and counties around the nation utilize the authority, which is scheduled to sunset on December 31, 2016. We will continue our efforts that were previously outlined, including outreach to EPW, T&I and Appropriations Committee staff, and the Northwest delegation.
There are dozens of additional issues addressed in this draft bill, which PNWA continues to review. We anticipate sending a follow-up Nor'wester with more information early next week. Sen. Boxer has also announced the EPW Committee will hold a hearing on the draft bill next Thursday, November 15. While it is unlikely a new WRDA bill will be signed into law this year, this discussion will provide the starting point for a WRDA bill in 2013, and lay the ground work for much of our efforts in the coming year.
For more information, please check out the draft bill here, or touch base with Heather Stebbings or Kristin Meira for more details about provisions of interest to you and your organization.
