Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous materials on S. 3021. Mr. Speaker, I move to suspend…
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous materials on S. 3021.
Mr. Speaker, I move to suspend the rules and pass the bill (S. 3021) to designate the United States courthouse located at 300 South Fourth Street in Minneapolis, Minnesota, as the ``Diana E. Murphy United States Courthouse'', as amended.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of S. 3021, the America's Water Infrastructure Act of 2018.
This bill is good for our infrastructure, good for jobs, and good for America. It is a bipartisan, bicameral comprehensive bill that delivers on a promise to regularly address water resources and infrastructure issues across the Nation.
Title I of this act is the Water Resources Development Act of 2018, or WRDA. I want to remind my colleagues that we overwhelmingly passed WRDA in June by a vote of 408-2.
WRDA invests in the ports, locks, and dams, inland waterways, flood protection, and other infrastructure that makes America more competitive and protects our communities. It also builds upon reforms to the Army Corps of Engineers to help improve project delivery.
This bill is fiscally responsible and fully offset. It cuts red tape, and it maintains congressional authority and oversight of Federal investment.
I want to thank Ranking Member DeFazio for working together on the WRDA title. However, today's bill includes more than just WRDA, and I also want to thank the Energy and Commerce Committee, the Natural Resources Committee, and our Senate counterparts for helping put this package together.
I am proud to say today's legislation continues a 2-year cycle of regular order for Congress considering these essential WRDA bills. This has been one of my top priorities since I became chairman over 6 years ago.
We need to pass this bill, continue providing direction to the Corps, and ensure all of these infrastructure improvements move forward.
This is simply good public policy, and it is good for our Nation.
Mr. Speaker, I strongly urge my colleagues to support this jobs and infrastructure bill, and I reserve the balance of my time
Joint Explanatory Statement To Accompany S. 3021, America's Water
Infrastructure Act of 2018
The America's Water Infrastructure Act of 2018 will create
jobs, grow the economy, promote fiscal responsibility, and
protect lives, property, and the environment.
America's Water Infrastructure Act of 2018 supports our
nation's economic competitiveness by increasing water
storage, providing protection from dangerous floodwaters,
deepening nationally significant ports, and maintaining the
navigability of inland waterways across the country. The
legislation will also repair aging drinking water, wastewater
and irrigation systems. It also promotes hydropower
development and increases Federal Energy Regulatory
Commission (FERC) transparency.
Title I of this bill, the Water Resources Development Act
(WRDA) of 2018, promotes the Federal commitment to our
nation's competitiveness, prosperity, and economic growth by
maintaining a strong transportation infrastructure, ensuring
the efficient flow of domestic and international commerce,
and protecting the lives and livelihoods of the American
people in a sustainable and environmentally conscientious
manner. In WRDA, Congress authorizes projects encompassing
the key missions of the U.S. Army Corps of Engineers (Corps),
including developing, maintaining, and supporting the
nation's economically vital waterway infrastructure,
supporting effective and targeted flood protection and
environmental restoration needs while strengthening national
security. Through WRDA, Congress exercises its oversight
authority to make policy reforms that promote efficient,
effective, and transparent project development and
implementation. This legislation promotes innovation and
stronger stakeholder partnerships that will improve water
infrastructure development.
Since 2014, Congress has resumed the regular consideration
of WRDAs, and WRDA 2018 continues the WRDA two-year cycle
that provides appropriate oversight of and policy direction
to the Administration and the Corps.
The transformative nature of the last two WRDA bills has
provided the Corps and the non-Federal sponsors with new
opportunities to advance projects more quickly. As these new
authorities and processes are implemented, the Managers
expect that project delivery will speed up. The Managers also
expect that the provisions put forward in this bill, as well
as the last two WRDA bills, will promote investment in
worthwhile and beneficial water resources development
projects, and enable these projects to move forward.
Water resources projects have historically been rejected
through the use of benefit-cost analyses (BCAs) in the
formulation, evaluation, and budgeting of water resources
development projects. The Managers have been approached by
members and non-Federal project sponsors who have projects
that are authorized, but because of past practices regarding
BCA calculations, non-Federal project sponsors are left
without a clear path forward. This legislation makes clear
the Managers' intent: authorized projects are worthy of
funding.
Specifically, this bill contains provisions that require
the careful study of and reporting on the use and application
of current BCAs. The Managers expect this study to result in
recommendations to improve project transparency and the
taxpayers' return on Federal investment. The bill also
provides additional transparency measures to help non-Federal
project sponsors better understand where their projects are
in the budgeting process, and the calculations used to
justify or reject federal investment in the project. Corps
water resources development projects are long-term
investments which are critically important to maintaining the
nation's economic prosperity, national security, and
environmental protection. The Managers expect the Corps to
proactively work with non-Federal interests to transparently
discuss the principles and analytical methodologies used in
developing BCAs on these projects.
Title II and IV of this legislation builds on the existing
Clean Water Act and the Safe Drinking Water Act programs to
protect and restore water quality. This legislation provides
Federal financial assistance to local drinking and wastewater
systems to improve water quality and comply with both the
Clean Water and Safe Drinking Water Act's requirements.
The United States Environmental Protection Agency (EPA)
published its sixth national assessment, Drinking Water
Infrastructure Needs Survey, in March 2018. That assessment
estimated the nation's drinking water utilities require
$472.6 billion in infrastructure investments and $271 billion
in wastewater needs over the next 20 years to protect the
public health and ensure the security and economic well-being
of our cities, towns and communities. This bill reauthorizes
the Safe Drinking Water State Revolving Loan Fund (SRF),
growing the program over the next three fiscal years to $1.95
billion annually in 2021, nearly doubling the amount
currently authorized. Along with the SRFs, this bill
reauthorizes the Water Infrastructure and Finance Innovation
Act (WIFIA) and a program within WIFIA the Securing Required
Funding for Water Infrastructure Now (SRF WIN). All of these
mechanisms will substantially increase investments toward
addressing this critical need.
Investments in water infrastructure are essential for
protecting public health and the environment, but they also
generate significant economic benefits. The Department of
Commerce's Bureau of Economic Analysis estimates that for
every dollar in revenue realized by the water and wastewater
industry, $2.62 in revenue are realized by all other
industries. Adding one job in the water and wastewater
industry creates an additional 3.68 jobs in the national
economy.
The Managers understand that our nation's ability to
provide clean water and safe drinking water is challenged by
deteriorating wastewater infrastructure that is in urgent
need of repair, replacement, or upgrade. This legislation
takes steps to address these needs through financial support
from grants, state revolving loan funds, innovative financing
mechanisms, the use of funds for compliance assistance, and
the use of technical assistance for disadvantaged
communities.
Title III of this legislation includes several provisions
that promote the development of hydropower through closed-
loop pump storage, in-conduit projects, and at existing non-
powered dams. This legislation also amends the Federal Power
Act to authorize the FERC to issue preliminary permits to a
hydropower construction license applicant for up to four
years, and promote the timely rehabilitation and replacement
of hydropower infrastructure.
Title IV of the bill also addresses the need in many
states, particularly throughout the West, to increase water
supplies necessary to sustain the livelihoods of farming,
ranching, and tribal communities. This legislation also
addresses flood protection concerns in rural and tribal
communities.
Section 1116 directs the Corps to expedite the dredge
material management plan process and make maximum use of
existing information, studies, and innovative dredge material
management practices. It is the Manager's intent that dredged
material management plans begun in 2018, but not completed
shall also be expedited under this provision.
Managers ask that, when a non-Federal entity develops a
reasonable alternative to the Federal standard for dredged
material disposal facilities that meets relevant Federal
environmental and dredged material placement and disposal
standards, it should receive preferred consideration by the
Secretary. Additionally, the Secretary is encouraged to
consider entering into agreements with non-Federal sponsors
for the acquisition, design, construction, management, or
operation and maintenance of dredged material disposal
facilities, including port facilities, through section 217 of
WRDA of 1996.
Section 1126 addresses the concerns that Managers heard
about the regulatory permitting process for water storage
projects is extremely lengthy, in part due to issues
associated with identifying and analyzing the purpose and
need of the project. This section is intended to increase
transparency earlier in the regulatory process by providing
the permittee an opportunity to obtain a project's purpose
and need statement.
For Section 1133, as much as is possible, if the
determination is made that additional housing is warranted,
the purchase of private land shall be avoided.
Section 1134 directs the Corps to implement these sediment
removal provisions in an expeditious manner in order to
restore these reservoirs to their intended storage capacity.
The Managers recognize the importance of water storage
capacity to rural and western communities. Federal reservoirs
have gradually seen a reduction in water storage capacity
associated with sediment buildup to the detriment of farmers,
ranchers, and rural communities.
Managers expect that the final feasibility study for the
project in section 1142 will be carried out expeditiously and
be completed by the anticipated completion date of February
2019.
The Managers intend that section 1143 apply to all projects
authorized by Title VII of WRDA 2007 so that the Secretary
can acknowledge credit for the cost of work carried out in
the coastal Louisiana ecosystem by the non-Federal interest
for elements integral to the project prior to the date of
enactment of WRDA 2018. For example, the ``Multipurpose
Operation of Houma Navigation Lock'' is dependent upon the
adjacent earthen levees (including Reach F and G of the
Morganza to the Gulf of Mexico project) and other structures
(including the Bubba Dove Floodgate and Bayou Grand Calliou
Floodgate). Operating a lock complex without adjacent levees
can significantly reduce the ability to reduce salinity and
to manage and control the fresh water available via the
Atchafalaya River, Gulf Intercoastal Waterway and the Houma
Navigation Canal. In addition, the Bubba Dove Floodgate has
reduced the original wetland impact of the Houma Navigation
Lock and is integral to the lock's design and function.
Section 1203 (f) expedites activities under section 4003(a)
of Water Resources Reform and Development Act (WRRDA) 2014.
The Managers understand that these activities have not been
implemented due to a lack of appropriated funds, and
emphasize that the importance of such flood and drought
monitoring to communities in the Upper Missouri River Basin
necessitates that the Corps expedite activities for this
monitoring in order to protect lives and properties in the
region.
The Managers expect section 1229 to be carried out in an
expeditious manner and in accordance with all applicable
Federal and state water laws.
Section 1332 further amends the Annual Report process set
up by section 7001 of
WRRDA 2014. WRDA 2016 changed the process to ensure
individual existing environmental infrastructure projects may
be included in the Annual Report Main Table so that they can
be considered for inclusion in future WRDA bills, and the
amendments in this section clarify that proposed
modifications to existing regional environmental
infrastructure programs are also able to be considered. Such
projects that have previously ended up in the appendix of
these reports, such as Charlotte County, Florida, are
encouraged to reapply.
Similarly, this section amends the criteria by which the
Secretary may select to include a local request in the
appendix to the Annual Report, rather than the Report,
itself. The Committees on Transportation and Infrastructure
and Environment and Public Works have repeatedly criticized
the Secretary for failure to follow the specific criteria
outlined in section 7001(c)(1)(A), and including local
requests in the appendix despite those requests meeting the
statutory criteria. In response, this legislation clarifies
that the Secretary may not include a request that meets the
criteria in 7001(c)(1)(A) in the appendix solely on the basis
that the local request requires legislative changes to an
authorized project or study, or the request may be
inconsistent with Corps or Administration policy. The
Committee is aware of one particular request for a
modification of the Abiquiu Reservoir, New Mexico, that was
placed in the appendix to the 2017 Annual Report to Congress
because of Administration policy. Project sponsors for
similarly situated project or study requests are encouraged
to reapply.
The Managers encourage the Secretary to consider the
benefits of safety modifications for 2-way traffic and other
improvements to commercial navigation when evaluating
authorized navigation studies.
The Managers encourage the Secretary to provide technical
assistance and other support to state emergency management
agencies to assist in the development of handbooks for
floodplain managers. These handbooks should include policies
to help manage the risks of coastal and river flooding. In
addition, these handbooks should consider coastal protection
solutions that promote resilience, such as living shorelines,
as well as regional sediment management. Additionally, non-
Federal entities may provide resources for emergency repairs
under section 1024 of WRRDA 2014 (33 U.S.C. 2325a),
regardless of the cause of the emergency.
The Managers encourage the Corps to proceed with a sense of
urgency when evaluating and programming the actions to
proceed with the water resources projects necessary for flood
control, dam repair, beach erosion control, and harbor
navigation improvement in Puerto Rico, and the repair and
mitigation necessary as a result of the hurricane and severe
weather damages that occurred between September 2017 and
March 2018. Additionally, the Managers encourage the Corps to
advance the project for ecosystem restoration, Cano Martin
Pena, San Juan, Puerto Rico.
The Managers believe the Secretary should simplify and
expedite the process for including in-kind work in project
partnership agreements, consistent with current law.
The Managers further encourage the Corps to improve
communication with stakeholders and the public regarding the
risk assessments conducted by the agency of the levees around
the country.
The managers believe that the financing of project
operations, maintenance, where the locals are not otherwise
responsible for the project, or capital improvements by local
non-Federal interests can results in savings to Federal
taxpayers.
As the Secretary carries out the operations and maintenance
of our nation's infrastructure, the Managers expect periodic
maintenance dredging of the Kennebec River Federal Navigation
Channel will be prioritized based on a joint plan that is
being developed by the Secretary and the Secretary of the
Navy. Additionally, the managers believe the Corps should
prioritize annual dredging for the harbor in Wilmington,
Delaware.
The Secretary may use his or her authority under section 9
of the Flood Control Act of 1946 (60 Stat. 643, chapter 596)
to remedy the erosion issues on the Ohio River near
Clarksville, Indiana.
Ongoing cooperation between the Louisiana Coastal
Protection and Restoration Authority and the Lafitte Area
Independent Levee District relating to flood protection
projects in Jean Lafitte, Louisiana, and the vicinity should
continue. To the maximum extent practicable, the Secretary
should support that cooperation in a manner that is
consistent with Louisiana's Comprehensive Master Plan for a
Sustainable Coast.
The amendment to section 203 of WRDA 1986 (33 U.S.C. 2231)
made by section 1126 of WIIN 2016 (130 Stat. 1648), which
concerns study of water resources development projects by
non-Federal interests, was intended to supersede any
conflicting laws.
As water resources projects are vital to the nation's
competitiveness, the Managers encourage robust annual
funding. The Continuing Authorities Programs should receive
full appropriations each fiscal year. The authorization of
appropriations under section 595(i) of WRDA 1999, for water,
wastewater, environmental restoration and surface water
protection projects in certain rural states should be
robustly maintained.
Section 2005 includes new grant opportunities for states to
assist small and disadvantaged communities when contaminants
are present or are likely to be present in drinking water
provided by a public water system or underground source of
drinking water. The Managers intend this legislation to
assist states with small and disadvantaged communities to
promptly respond to problems that potentially present an
imminent and substantial endangerment.
Section 2010 establishes new authority for states and EPA
to address the challenges of water systems that have
repeatedly violated drinking water standards and pose a risk
to human health. The section includes limited liability
protection for outside entities that help the system come
back into compliance. The Managers do not intend this
legislation to limit enforcement of drinking water violations
not identified in the plan or to diminish the availability of
injunctive relief to address unresolved drinking water
violations.
Section 2021 authorizes EPA, subject to the availability of
appropriated funds carrying out the purposes of the section,
to require drinking water systems serving between 3,300 and
10,000 persons to comply with mandatory unregulated
contaminant testing for up to 30 unregulated contaminants.
The legislation also authorizes $15 million in the years the
monitoring is required to pay costs traditionally associated
with such testing. Systems serving fewer than 3,300 persons
will remain subject to random sampling and have their testing
and mailing costs covered by EPA. Such systems will not be
subject to a civil penalty for their inability to comply with
sampled monitoring.
Title II provides for Drinking Water Improvement. As
Congress reauthorizes the Drinking Water SRF, the managers
strongly support Congress providing robust funding of
capitalization grants to States to fund SDWA SRFs established
under section 1452 of the SDWA (42 U.S.C. 300j-12) and the
CWA SRFs established under title VI of the CWA (33 U.S.C.
1381 et seq.). The managers also encourage the Administrator
to work with the States to realize the full benefits of the
renewed DWSRF authorization amounts.
Section 3003 of this bill authorizes the Commissioner of
the FERC to establish an expedite process for issuing and
amending licenses under the Federal Power Act for qualifying
facilities under that section. The Committee on
Transportation is aware that certain projects owned or
operated by the Corps of Engineers may fall within the scope
of this section. However, nothing in section 3003 provides
new authority to add hydropower to existing non-powered
projects owned or operated by the Corps of Engineers where
hydropower is not specifically an authorized purpose,
established in law, for such projects. The decision and
conditions to add hydropower to an existing, non-powered
project of the Corps rests solely with the Secretary of the
Army, through its existing regulatory authorities, and with
the Committee on Transportation and Infrastructure in the
U.S. House of Representatives and the Committee on
Environment and Public Works in the U.S. Senate, through
enactment of future water resources development legislation.
Section 4102 establishes a Wastewater Technology
Clearinghouse at EPA. Providing communities with the
knowledge and resources necessary to fully use decentralized
wastewater systems can provide affordable wastewater
recycling and treatment to millions of people in the United
States.
Section 4103 provides Technical Assistance for Treatment
Works in the CWA. The Managers recognize the importance of
technical assistance for small, rural, and tribal water
systems. It is the Managers' view that onsite technical
assistance, provides the most effective means for communities
that are struggling to implement the CWA. The Managers also
acknowledge that the use of remote training does not always
provide communities with sufficient assistance to comply with
complicated and system-specific issues.
Section 4201 amends the Water Infrastructure Finance and
Innovation Act (WIFIA) by enhancing the process under WIFIA
for financial assistance to those applying for state loan
funds to carry out water and wastewater infrastructure
projects, the Securing Required Funding for Water
Infrastructure Now (SRF WIN). It allows states that combine
projects and submit one application to the WIFIA program to
receive additional considerations. This section provides
specific selection criteria and expedites the evaluation of
applications of these combined projects to 180 days, with
feedback from the EPA on how to improve their application, if
denied. This section also puts the application fee cost on
the state financing authority and removes the burden from the
bundled communities. It eliminates the need for these
combined projects from having to do any duplicative
environmental reviews and allows for the federal cost share
of the project to cover up to 100% of the total project cost.
These amendments utilize the leveraging power of WIFIA
financing to enhance the ability of the state financing
authorities to provide financial assistance to local
communities. This will allow states to finance thousands of
existing and vetted water and wastewater infrastructure
projects expeditiously.
Section 4301 establishes a mandatory requirement that not
later than one year after the date of enactment of the Act
that the EPA will enter into a memorandum of agreement with
the Bureau of Reclamation (BOR) that will establish a
structure for how EPA can provide technical assistance for
any credit instrument that Reclamation may provide now or in
the future.
Section 4302 directs the BOR, working with the Corps to
create a flood action plan. The Managers recognize that 2017
was a record year for runoff in the Upper Snake River Basin,
causing communities in the region to experience significant
flooding. The Managers further recognize that landowners and
stakeholders have serious concerns for how the BOR and the
Corps have managed the spring runoff out of Jackson Lake and
down the Snake River. The Managers seek assurances that the
BOR will work with the Corps to protect communities to
minimize flooding in the region.
Section 4304 establishes a new workforce training program
for workforce development in the water utility sector. The
managers find that water and wastewater utilities provide a
unique opportunity for access to stable, high-quality
careers. This section also establishes a competitive grant
program to promote the development of innovative activities
relating to workforce development in the water utility
sector.
Section 4306 authorizes EPA's WaterSense program, a
voluntary program which identifies and promotes water
efficient products through voluntary labeling, is authorized
by this legislation. The bill requires EPA to review and
revise the program's performance criteria to achieve
additional water savings not more frequently than every 6
years. The Managers expect EPA to conduct these reviews as
required by the section and to review the requirements of the
program and update them as needed and appropriate.
Section 4312 recognizes the rehabilitation and restoration
of Indian irrigation systems owned and operated by the Bureau
of Indian Affairs (BIA) is essential to the success and
livelihood of individuals and businesses across 17
reservations. Congress outlined these objectives in Public
Law 114-322 and established the Indian Irrigation Fund for
the BIA to carry out its trust responsibility for certain
individual Indians and Tribes. This provision authorizes
seven years of additional funding to complete this necessary
rehabilitation, which will ensure the delivery of clean
water, reduce the loss of water through seepage, and improve
the safety of the systems. The Managers believe the
Administration should prioritize the Indian Irrigation Fund
in addressing restoration of these Indian irrigation systems.
The Managers strongly encourage the Administration to fulfill
the objectives outlined in Public Law 114-322.
Mr. Speaker, I just want to say the ranking member is 100 percent correct on his assessment of the harbor maintenance trust fund. I support it. He is absolutely right. I just want to make sure, when he is referring to BS, he is not referring to Bill Shuster.
Mr. Speaker, I yield 2 minutes to the gentleman from Oregon (Mr. Walden), the chairman of the Energy and Commerce Committee.
Mr. Speaker, I yield 2 minutes to the gentleman from Louisiana (Mr. Graves), chairman of the Subcommittee on Water Resources and Environment.
Mr. Speaker, I yield 1 minute to the gentleman from Missouri (Mr. Graves).
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from California (Mr. Denham).
Mr. Speaker, I yield the gentleman from California an additional 15 seconds.
Mr. Speaker, I yield 1 minute to the gentleman from Georgia (Mr. Woodall), a hardworking member of the House Transportation and Infrastructure Committee and a member of the Rules Committee.
Mr. Speaker, I yield 1 minute to the gentleman from Michigan (Mr. Mitchell), my good friend and another hardworking member of the Transportation and Infrastructure Committee.
Mr. Speaker, I have three more speakers.
Mr. Speaker, I yield 1 minute to the gentleman from Michigan (Mr. Upton).
Madam Speaker, I yield 2 minutes to the gentlewoman from Washington (Mrs. McMorris Rodgers), our conference chair.
Madam Speaker, I yield 1 minute to the gentleman from Indiana (Mr. Bucshon).
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I thank my partner in this, Ranking Member DeFazio, for his efforts on the bill, but also Ranking Member Napolitano and Subcommittee Chair Garret Graves for their great work on this bill.
I thank the entire Republican staff on the Transportation and Infrastructure Committee.
The following staff spent hours working on behalf of the Members of Congress to produce this final product:
Ian Bennitt, Elizabeth Fox, John Pawlow, Victor Sarmiento, Peter Como, Geoff Gosselin, Fred Miller, Chris Vieson, Kathy Dedrick, Ryann Seiger, Joe Sheehy, Alex Burkett, Mike Brian, Richard Russell, Brian Clifford, Lizzy Oslen, Pauline Thorndick, Andy Hardy, Craig Thomas, Marry Francis Repko.
John Drake, Andrew Rogers, Chris Baysinger, Mary Martin, Jerry Couri, Mike Bloomquist, Ryan Long, Karen Christian, Brandon Mooney, Annelise Rickerts, Jackie Cohen, Rick Kessler, Jean Fruci, Kakuti Lin, Allison Hartwich, Geoff Antell, Kiel Weaver, Cindy Herrle.
Madam Speaker, I thank the Democratic staff for their partnership in crafting this legislation and now passing on the floor, and, hopefully, ultimately, we get it to the President's desk and signed into law. Thanks to all the folks on the other side of the aisle, the staff, for their willingness and hard work and the effort they put into it.
I want to point out, though, Chris Vieson and Geoff Gosselin, the staff director and deputy staff director, for their great work and leadership on the committee. But also the Water Resources staff, Ian Bennitt, Jon Pawlow, Elizabeth Fox, Victor Sarmiento, and Peter Como for their efforts and long hours that I know they took to put this all together.
And finally, I would just like to say, passing WRDA is personally very gratifying to me. When I became chairman, we had not passed a WRDA bill in 7 years. Prior to that, for over 20 years, WRDA bills were passed every Congress. It was regular order. Today, we will pass the third WRDA bill in three Congresses, and I want to thank the leadership on both sides of the aisle for working with us and helping us to get it to the floor.
I thank all of my colleagues in the House. As I think we maybe said earlier, when we passed it out of the House, it was 408-2, overwhelmingly. And again, I can't thank my colleagues enough for working with me and helping to bring back regular order to WRDA.
I ask all my colleagues to support this bill, and let's move on to the next bill.
Madam Speaker, I yield back the balance of my time.