Senate WRDA bill released; scheduled for markup on Wednesday, March 20
On Friday, March 15th, the Senate Environment & Public Works Committee (EPW) released their 2013 Water Resources Development Act (WRDA) draft. PNWA continues to review the draft, but would like to provide our preliminary thoughts below.
Section 214. PNWA is the nation's lead advocate for Section 214 and we are very pleased to report language making it permanent was included in the draft WRDA. 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. It was originally authorized in WRDA 2000 and has been subject to a number of short term extensions, the last of which is scheduled to sunset on December 31, 2016.
To address prior concerns regarding transparency and consistency of the authority nation-wide, the Committee provided language that would require public availability of information and standardized reporting for all Corps Districts. Specifically, the bill states that all final permit decisions must be made public and that a standard decision process must be established for all active agreements. It also requires the Assistant Secretary of the Army for Civil Works (ASA) to provide an annual report to EPW and the House Transportation & Infrastructure Committee within 90 days of the conclusion of each fiscal year. The report must include a thorough listing of all accepted funds, permits reviewed, and training offered to Section 214 funded staff in the previous fiscal year.
Harbor Maintenance Trust Fund. The bill includes some fairly strong language regarding the HMTF, directing Congress to fully spend revenues on its intended purpose of operations & maintenance (O&M) of our deep draft and coastal harbors. This language raises some concerns, however, that legislators may pull from other parts of the Corps budget to carry this out. In an effort to address these concerns, the new bill would make efforts to cut any of the Corps accounts below the previous year's budget subject to a Point of Order. The Point of Order would require a 2/3 Senate vote to be waived.
The new bill also has details regarding prioritization of projects that would pull from the HMTF. It includes language directing the Corps to give priority to high use projects. Once these high use projects are maintained to their authorized width and depth, the ASA can prioritize 20% or less of the remaining funds to 1) projects maintained below their authorized width and depth during the preceding 5 years and 2) for which significant local, federal and state infrastructure investments have been made.
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. PNWA continues to look into how each of these provisions would affect our members and will be providing follow up information in the coming days.
Inland Waterways Trust Fund. This WRDA bill proposes a number of project delivery improvements for inland construction and major rehabilitation projects. 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).Additionally, the bill directs the ASA to develop a methodology for classifying projects as major rehabs,and to submit to Congress a 20-year inland capital investment plan which must be spread over all geographic areas of the inland waterways system. In doing so, the Secretary must take into consideration the IWUB's April 2010 plan which lays out the User Board's priority construction and major rehab projects across the nation.
Regarding IWTF collections, the bill does not propose an increase to the diesel tax, nor a switch to a different fee system. However, it does include a Sense of Congress noting that the issue needs to be addressed and that users are supportive of an increase to existing revenues. There is also 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.The Committee is scheduled to markup the bill on Wednesday, March 20th at 7am PST. This is simply a starting point for what will likely be a long negotiation process. PNWA continues to review the draft bill and will report on additional analysis in the coming week. For more information or to provide feedback, please contact Heather Stebbings.