EPW Marks Up Water Resources Development Legislation, Sen. Cramer Secures North Dakota Priorities

Press Release

U.S. Senator Kevin Cramer (R-ND), ranking member of the Senate Environment and Public Works (EPW) Subcommittee on Transportation and Infrastructure, issued the following statement after EPW passed the Water Resources Development Act (WRDA) of 2022 unanimously out of committee today:

"The Water Resources Development Act and this committee is an example of the diversity of our great country. This bill serves as an exemplary example of what can be done when we work together, when we collaborate, and when we care about our nation's water infrastructure," said Senator Cramer. "This legislation, for those of us in the West, prioritizes Western states' water rights and works toward better cooperative federalism with the Army Corps of Engineers that was envisioned by our nation's founders and the authors of the Flood Control Act of 1944. It also focuses on recreation, you know the Army Corps doesn't oftentimes get credit for this, but they are a significant federal land management agency often overlooked to provide greater recreational opportunities for our constituents. This bill gives flexibility to the local jurisdictions for the Army Corps to make repairs quicker and provide improved recreational access while requiring the Army Corps to outline a plan for future use of these resources."

"It provides increased funding levels for water and wastewater programs utilized and sought after by the small towns throughout North Dakota and throughout the entire country. In a number of instances, I along with a number of my colleagues take this once every two years opportunity to provide the Army congressional direction on matters that are important to our constituents, including entering into an agreement with the Red River Valley Water Supply project manager to ensure water supply from the project reaches its beneficial users and providing the necessary hydrologic analysis to protect our flood control interests in the Souris River Basin," continued Senator Cramer.

"I want to extend my gratitude to the North Dakota Attorney General's office, North Dakota Department of Water Resources, and other stakeholders for their invaluable input throughout this process, helping deliver wins for our state," concluded Senator Cramer.

WRDA is biennial legislation that authorizes flood control, navigation, and ecosystem restoration projects for the U.S. Army Corps of Engineers (USACE). Through his leadership in crafting WRDA he has secured the inclusion of North Dakota water priorities.

North Dakota priorities secured by Senator Cramer include:

Creation of the Western Water Cooperative Committee to ensure USACE flood control projects in Western States are operated consistent with congressional directives and adhere to state water rights and water laws. The committee establishes a platform for Western states to work out water appropriation and other issues with the USCACE.
Permanent Elimination of Surplus Water Fees in the Upper Missouri Mainstem Reservoirs. Since coming to Congress Senator Cramer worked to enact temporary prohibitions on these potential fees.
Section 594 Program Funding Authority Increased by $100 million to assist public entities to design and construct water and wastewater infrastructure.
Retention of Recreation Fees to allow recreation sites and facilities under the jurisdiction of the USACE to retain 80% of fees collected for the operations and maintenance of the site which aligns the USACE with other federal land management agencies. This will allow USACE districts to plan local maintenance and repair projects without Washington approval.
Expedited Public Recreation Facility Restoration to enable the USACE the ability to accept and use materials, services, and funds from non-federal interest to repair, restore, or rehabilitate a public recreation facility, such as boat ramps, and reimburse the non-federal interest for the federal share during periods of low water.
Updated Hydrology in the Souris River Basin authorizes the USACE to assess hydrologic changes affecting the "1989 Agreement Between the Government of Canada and the United States of America for Water Supply and Flood Control in The Souris River Basin and its operations" due to increased flood risk.
Red River Valley Water Supply Project Agreement authorizes the USACE to enter into a memorandum of understanding with the Red River Valley Water Supply Project manager to ensure water passes through Baldhill dam, as needed, for downstream users.
Water Control Manual Updates directs the USACE, at the request of a governor, to update water manuals for waters of a state in which the governor declared a statewide drought disaster in 2021 with priority given to those waters that accommodate a water supply project.
Red River Basin Operation and Maintenance Authorization Extension, which extends existing authorization allowing the USACE to provide assistance for the operation and maintenance of a flood risk reduction project in the Red River Basin of the North for four more years.
Other Key Initiatives Include:

Increased Federal Cost Share Funding Levels for the Tribal Partnership Program to plan, design, and construct authorized water resource activities.
Increased Invasive Species Management Funding by $25 million for invasive species partnerships and extends an Upper Missouri River Basin invasive species management pilot program by two years.
NEPA Tracking requires the establishment of a process to track and report on the number of studies and the length of time it takes the USACE to complete them.
Funding to Process Permits by allowing a mitigation bank sponsor to contribute funds to expedite permit processing.
Non-Federal Interest Advisory Committee to develop and make recommendations to the USACE on activities and actions to ensure more effective and efficient delivery of water resources development projects, programs, and other assistance.
Government Accountability Office Review of USACE compensatory mitigation regulations and practices.
Report on Investments for Recreation Areas requires USACE to outline its deferred maintenance projects, a plan to fund the projects, a description of efforts to coordinate investments in recreational facilities, and an assessment of federal contracting requirements.
USACE Military Personnel Augmentation expands the types of U.S. Army personnel entitled to receive certain pay and allowances while assigned to the USACE on nonmilitary public works projects. Senator Cramer cosponsored Senator Round's bipartisan legislation mirroring the provision in WRDA, the USACE Military Personnel Augmentation Act of 2021.
Click here for bill text.

Background:

Senator Cramer holds jurisdiction over the U.S. Army Corps of Engineers as a member of both the Senate EPW and Armed Services Committee.

Last Congress, Senator Cramer wrote and secured numerous North Dakota water infrastructure projects in the year-end spending bill.

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