After five months of deliberation, the conference committee tasked with working out the differences between the Senate WRDA and House WRRDA bills has released their conference report.  As previously mentioned, the PNWA priority issues in the bill include Section 214, the Harbor Maintenance Trust Fund (HMTF), and the  Inland Waterways Trust Fund (IWTF). Below is our initial read of the legislation, and we will be providing additional details in the coming days as we further review the bill.  

Section 214.  PNWA is extremely pleased to announce that language making Section 214 permanent was included in the conference report.   As many are aware, Section 214 was first authorized in WRDA 2000 as a temporary authority, and has seen a series of short term extensions to continue the program.  PNWA has been leading the effort to make Section 214 permanent and is so pleased that our members and other entities throughout the nation will now have the predictability and consistency they need to continue to move vital infrastructure and environmental projects forward.  PNWA thanks our members and our Northwest House and Senate delegations for their steadfast and vocal support on this issue. 

Harbor Maintenance Trust Fund (HMTF).  Significant HMTF reforms were in the bill, including:

• Phased in spending of HMTF revenues, beginning at 67% in FY2015 and achieving full use of annual HMTF receipts by the year 2025.  This language is a significant step forward in funding the nation's navigation infrastructure. 
• 10% up-front set aside for small ports/"emerging harbors" through the year 2024.  Inclusion of this language is a big win and a testament to the work that our small port members and our supportive Congressional delegation have made on behalf of these projects.  The remaining
• Using FY2012 HMTF spending levels as a baseline ($868M), any monies expended annually over this level are considered "priority funds" to be divided as follows: 10% for small ports, 10% to Great Lakes projects, 5% to underserved harbors, 65% to high and moderate use projects, and 10 provided to donor ports for expanded uses. 

WRRDA also works to provide additional relief for donor and energy transfer ports.  Subject to appropriations, the bill authorizes the Secretary of the Army to provide funds to donor ports and energy transfer ports for the following purposes:  expanded uses such as berth dredging and removal of contaminated sediments, environmental remediation, or payments to importers/shippers moving cargo through that port.   Up to $50M annually is authorized for this purpose, until at least 2018 when further evaluations will be made. 

It should be noted that the HMTF language in the WRRDA bill is not a guarantee of funding, as it is ultimately up to the Appropriations Committee to determine how much funding is provided to the Corps.  Still, this is a very significant step forward signifying the commitment of Congress to adequately fund our nation's navigation infrastructure and PNWA is hopeful this will lead to increased HMTF spending for Corps operations and maintenance in the future. 

Inland Waterways Trust Fund (IWTF).  Like the Senate and House bills, the conference report proposes no changes to the current IWTF revenue structure.  The bill recognizes, rather, that current IWTF revenues are insufficient and authorizes studies evaluating the current fuel tax and alternative sources of funding, along with increased communication between the Inland Waterways Users Board and proposes a stakeholder round table. The bill also requires utilization of the IWUB's 20 year Capital Development Plan, stipulating that all geographical areas of the U.S. be represented and that the plan be reviewed every 5 years, providing an on-ramp for major rehab projects that develop after the plan is completed. Reforms to the Olmstead project are also included, stipulating that for each fiscal year beginning after 2014, 15% of IWTF funds be spent on the project and that the Sense of Congress is that $150M be spent on the project each year until it is completed.    

Lower Columbia River and Tillamook Bay Ecosystem Restoration.  The conference report includes the Senate WRDA language authorizing additional dollars for Section 536 of WRDA 2000.  Section 536 allows the Corps to conduct studies and implement ecosystem restoration projects for the lower Columbia River and Tillamook Bay estuaries in Oregon and Washington. The projects are for the protection, monitoring, and restoration of fish and wildlife habitat and support ongoing efforts of the Corps to comply with the FCRPS Biological Opinion and Fish Accords.  The authorized funding level was raised from $30M to $50M. 

Invasive species prevention in the Columbia Basin.  The conference report also included the Senate's WRDA language supportive of protecting the Columbia River Basin from invasive species.  The Corps will now be able to establish a specific program for our region for water watercraft inspection stations in OR, WA, ID and MT.  This program also authorizes the Corps to provide monitoring and contingency planning activities including looking at water quality and fish tissue sampling. 

PNWA member projects.  Additionally, WRRDA contains specific language requested by the Port of Hood River and the City of Asotin, WA (within the Port of Clarkston's Port District). 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.

As early as next Tuesday, Congress is expected to pass this legislation, the first water infrastructure bill in seven years.  We are so grateful to our Members of the Northwest Delegation and their staffs for their efforts on this bill.  We continue to read through the report in more detail, and will provide additional information shortly.  To view the full report, click here and contact Heather Stebbings with any questions.