House WRRDA bill - PNWA report

As reported yesterday, the House Transportation & Infrastructure Committee (T&I) released their Water Resources Reform and Development Act (WRRDA, H.R.3080). To develop WRRDA, T&I leadership held multiple roundtable discussions with stakeholders to gain a better understanding of the impacts of water resources legislation. Patsy Martin, Port of Skagit Executive Director and PNWA President, participated in these discussions representing the small ports perspective and the navigation community in the Northwest. PNWA staff continue to make our way through the bill, however, we would like to highlight a couple of our key priority issues included in the legislation.

Section 214 (Section 102)

PNWA is pleased to report that language making Section 214 permanent was included in the bill. 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. We have been seeking permanence since the authority was first authorized in WRDA 2000, and we are extremely pleased to have had both chambers include it in their water resources legislation this year. The House WRRDA does expand the authority to include "Public Utility companies" and we are working with our colleagues to better understand this development.

Harbor Maintenance Trust Fund (Sections 201-205)

Language regarding the Harbor Maintenance Trust Fund (HMTF) is included in the legislation, with the following details:

• Phased in spending or "target appropriations" of HMT revenues, beginning at 65% in FY2014 and rising incrementally to 80% spending in FY2020 and beyond. The 80% would be a significant increase in O&M funding, but is not the full spending that navigation stakeholders would like to see. PNWA will be advocating for full spending of annual HMT receipts in the final bill.
• Authorization for the Secretary of the Army to utilize 5% of annual HMTF expenditures for expanded uses, provided that the target appropriations referenced above are met. These expanded uses include berth dredging and dredging/disposal of legacy contaminated sediment or sediment not suitable for upland uses.
• A Sense of Congress that any increase in HMTF spending does not pull from other parts of the Corps budget. It has been an ongoing concern that if the Corps O&M budget is increased, it will be at the expense of the Construction and General Investigations Accounts. While the language included is not a guarantee, we are pleased to see recognition of this in the bill.
• The bill defines low use ports with less than 1M tons of commercial cargo as "Emerging Harbors", and guarantees 10% of HMT expenditures for FY15 and FY16 be designated to these projects.
• "To the extent practicable", the Secretary of the Army must make future HMTF expenditures based on an equitable allocation of funds among all harbor types, not solely based on commercial tonnage or size.  
• The Corps would be required to consolidate all coastal expertise into one deep draft center of expertise.

Inland Waterways (Sections 211-220)

The Inland Waterways Trust Fund (IWTF) was also addressed in H.R.3080. Noticeable items include no proposed change to the qualifying definition of an inland major rehabilitation project, no change to the current IWTF revenue structure, and changes to Olmsted's federal cost share. Additional details include:

• Project delivery reforms similar to Senate bill. 
•  Redefined responsibilities for the Inland Waterways Users Board (IWUB), including increased communications between the IWUB, the Assistant Secretary of the Army, and Congress. 
•  Representation of all U.S. geographic areas in the Capital Development Plan, which is the list of IWUB recommended projects pulling from the IWTF. This list must be reviewed every five years.  
• Within two years, the Comptroller General must provide a report evaluating current diesel tax collections and all means of increasing revenue/collections.
• Authorization of a study examining the issuance of federally tax-exempt bonds secured against available IWTF proceeds.  
• Inclusion of additional stakeholder involvement in discussing alternatives to the current IWTF revenue structure.  
• Olmsted cost-share change from 50% to 25% coming from IWTF collections. 75% of the funding for the project would then come from the General Treasury.  A Sense of Congress states that Olmsted should receive a total of $150M annually until construction is complete.

Project Deauthorizations (Section 304)

In addition to project authorizations (Section 401), WRRDA contained 15 deauthorizations of Corps projects that are currently authorized for navigation, flood control, shoreline protection or public works projects. The Port of Hood River and the City of Asotin, WA (within the Port of Clarkston's Port District) both received desired language in the bill. The language regarding the Port of Hood River will modify an existing flowage easement allowing the port to enhance shoreline restoration, recreational opportunities and economic development above the ordinary high water line. The City of Asotin's language would transfer Corps lands to the City and allow for recreational development in the area.

The full bill can be accessed here, and the Committee's 10 page summary can be accessed here. WRRDA is expected to move quickly through the House, with Committee mark-up on September 19 and full House debate and vote on October 8. For more information, contact Heather Stebbings.

Governor Kitzhaber, the Oregon Legislature's Coastal Caucus, and the U. S. Army Corps of Engineers have announced a new agreement to fund critical dredging for Oregon's small coastal ports. These ports, which are key economic assets for our coastal communities, have not received any federal funding since the Corps was directed to cut their national "low use" or small port program by at least 50% in FY2012. Oregon State lawmakers and the Corps collaborated to find a creative solution to maintain these important navigation projects. The resulting agreement, only the second of its type in the nation, allows the Corps to accept state funds for the specific purpose of dredging.

Dredging is scheduled to begin as early as next weekend when the hopper dredge Yaquina arrives at the Port of Siuslaw. The Ports of Umqua and Port Orford will be dredged this fall and next winter, with dredging continuing at other ports in 2014. This is a very positive development for small ports and for Oregon's economy, saving countless jobs that are supported by these projects.

This 5 year agreement is meant to provide short-term relief for the projects, as the national conversation continues regarding the long-term funding strategy for our nation's small ports. Full spending of the Harbor Maintenance Trust Fund remains a large part of that discussion, as it would provide additional operations and maintenance funding to the Corps to maintain deep draft and coastal projects. For more information, please contact Heather Stebbings.