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1 1 (December 10, 2020)

handle is hein.crs/govdczj0001 and id is 1 raw text is: December 10, 2020 Water Resources Development Act of 2020 (S. 1811) Congress commonly titles omnibus legislation that authorizes U.S. Army Corps of Engineers (USACE) civil works activities as a Water Resources Development Act (WRDA). Since WRDA 1986, Congress often has consideredaWRDA on abiennialcycle. Drivers for enactment typically include nonfederal and congressional interest in new studies and construction projects and adjustments to existing projects, programmatic authorities, and policies. S. 1811, as pas sed by the House on December 8, 2020, has the short title of W ater Res ources Development Act of 2020 (WRDA 2020). 5. 1811 draws many provisions fromtwo other bills -H.R. 7575 and S. 3591. In July 2020, the House passed H.R.7575. The Senate Committee on Environment and Public Works reported S. 3591 in May 2020. Like most previously enacted WRDAs, as well as H.R. 7575 and S. 3591, S. 1811's provisions generally would not only authorize USACEstudies andprojects but also refine congressionalpolicy direction for USACE and adjust existing USACE civil works authorities. In addition to USACE-related provisions, there are a limited number of S. 1811 provisions as sociated primarily with other agencies (e.g., §§507, 508, 510). S. 1811 does not include various non-USACEprovisions that are in S. 3591, including those related to the U.S. Environmental Protection Agency (EPA). NavigtionTrust Fund~s Commercial shippers and barge operators contribute toward paying fornavigation improvements through taxes that are deposited into two trust funds. Monies fromthe trust funds are made available for eligible activities through appropriations legislation. S. 1811 would alter various aspects of the trust funds. For coastal and inland harbors, 5. 1811 (§ 101) would change budget enforcementrules through budget cap adjustments. In the CARES Act (P.L. 116-136, § 14003), Congress directed that Harbor Maintenance Trust Fund (HMTF) monies used for activities designated as harbor operations and maintenance in an amount up to the prior fiscalyear's HMTFdeposits would notcountagainst annual discretionary budget limits. S. 1811 would alter the HMTF adjustment to be the sumof(1) the amount of the deposits into the fund two years prior (which were $1.8 billion in FY2019) and (2) $2 billion from the HMTF's balance. At thestart ofFY2021, the HMTFbalancewas estimated at roughly $9.2billion. S. 1811 also would make an adjustment for funding for certain additional measures at qualifying ports; the adjustmentwould apply for 10 years and expand from$50 million to $70 million annually. S. 1811 (§102) would allow for HMTF expenditures to pay for a broader set of activities. The bill also would adjust or establish various percentages or minimum percentages for the distribution of HMTF expenditures across different categories ofnavigationprojects (e.g., at least 13% for the Great Lakes Navigation System). For more information on the HMTF, CRS In Focus IF11645, Distribution ofHarbor Maintenance Trust FundExpenditures. For inland and intracoastal waterways, S. 1811 (§ 109) would adjust the Inland Waterways Trust Fund (IWTF) contribution to construction projects from50% to 35% from FY2021 throughFY2031 to allow for more federal investment toward these projects. The change would increase the contribution fromthe general fund from50% to 65%. For more on waterways, see CRS In Focus IF11593, InlandandIntracoastal Waterways: Primer and Issues for Congress. No c Di rect How Congress directs USACEto plan andevaluate federal water resource investments can affectwhat the USACE Chief of Engineers recommends to Congress for construction. S. 1811 (§113) would require USACEto update the agency's guidance on as sessing s ea level ris e and inland flooding to reflect the best available, peer- reviewed science. S. 1811 (§ 110) would require USACEto adopt procedures to include more consideration of environmental and social goals andregional economic benefits during projectplanning and s election of the preferred alternative. S.1811(§ 115) would set nonfederal co s ts for natural and nature-based features at a maximum of 35%. For more on these topics, see CRS In Focus IF10221, Principles, Requirements, and Guidelines (PR&G) for FederallInvestments in WaterResources, andCRS Report R46328, Flood RiskReductionfrom Natural andNature- Based Features: Army Corps ofEngineersAuthorities. Study rect Authsrizatksns The broad cessation of congressionally directed spending that benefits a specific entity or locality (known as earmarking) has altered the development of USACE authorization legislation. Enacted WRDAbills since 2014 have beenexplicit regarding theiruse of Administration reports andprocesses as the basis for including most geographically specific USACE authorizations. S. 1811 (§401) would authorize the construction of 46 water resource developmentprojects identified in Chief of Engineers' reports completed since W RDA 2018. Among these projects, several would have federal costs greater than $400 million: three coastal stormdamage reduction projects (two in NY, one in VA), one navigation project (TX), and one ecosystemrestoration project (IL). S. 1811 (§401) also would authorize eight modifications to construction \ Q yg

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