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1 1 (December 29, 2020)

handle is hein.crs/goveaby0001 and id is 1 raw text is: Water Resources Development Act of 2020 Congress commonly titles omnibus legislation that authorizes U.S. Army Corps ofEngineers (USACE) civil works activities as a Water Resources Development Act (WRDA). Since WRDA 1986, Congress often has considereda WRDA biennially. Drivers forenactment typically include nonfederal and congressional interest in new studies and construction projects and adjustments to existing projects, programmatic authorities, and policies. Congress passed theWater Resources Development Actof 2020 (WRDA 2020) as Division AA ofH.R. 133, an omnibus appropriations and authorization act, signedby President Trump onDecember27, 2020. The 116th Congress had consideredother versions of a USACE authorizationbill.Forexample, the House passed S. 1811 in early December 2020 and H.R 7575 in July 2020. The Senate Committee on Environment and Public Works reported S. 3591 in May 2020. Like most previously enacted WRDAs,WRDA2020not only authorized USACEstudies andprojects but also refined congressional policy direction for USACE and adjusted existing USACEcivil works authorities. In addition to USACE-related provisions, a limited number of W RDA 2020 provisions are associated primarily with other agencies (e.g., § §507, 508, 510). Navigation Trust Funds Commercial shippers and barge operators contribute toward paying for navigation improvements through taxes that are deposited into two trust funds. Monies fromthe trust funds are made available for eligible activities through appropriations legislation. WRDA 2020 altered various aspects of the trust funds. For coastal and inland harbors, WRDA 2020(§ 101) changed the budget enforcement rules for two types of discretionary spending through budget cap adjustments. In the CARES Act (P.L. 116-136, § 14003), Congress directed that funds fromthe Harbor Maintenance Trust Fund (HMTF) for activities designated as harbor operations and maintenance in an amount up to the prior fiscal year's HMTF deposits would notcount against annual discretionary budget limits. WRDA 2020 altered 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) an amount starting at $500 million in FY2021 and increasing by $100 million annually to $1.5 billion for FY2030 and thereafter. At the start ofFY2021, the HMTF estimated balance was roughly $9.2billion. WRDA 2020 also made an adjustment for funding for certain additional measures at qualifying ports; the adjustment applies for 10 years and expands from$50 million to $70 million annually. Updated December 29,2020 WRDA 2020 (§ 102) authorized HMTF expenditures to pay for a broader set of activities. It also provided direction on the use ofharbor operations and maintenance funds for various categories ofnavigationprojects (e.g., at least 13% for the Great Lakes Navigation System, unless otherwise directed in an appropriations act). For more on the HMTF, see CRS In Focus 1i1645, Distribution ofHarbor Maintenance Trust Fund Expenditures. For inland and intracoastal waterways, WRDA 2020(§ 109) adjusted the Inland Waterways Trust Fund (IW TF) contribution to waterway construction projects to allow more federalinvestment toward theseprojects. It reduced the IWTFcontributionfrom50% to 35% for any waterway cons tructionproject funded fromFY2021 through FY2031. The change increased the contribution fromthe general fund from50% to 65% for these projects. For more on waterways, see CRS In Focus 111593, Inlandand Intracoastal Waterways: Primer andIssuesfor Congress. Policy Direction How Congress directs USACEto plan and evaluate federal water resourceinvestments can affectwhat the USACE Chief of Engineers recommends to Congress for construction. WRDA 2020 (§ 113) required USACEto update the agency's guidance on assessingsea levelrise and inland flooding to reflect the best available peer- reviewed science. W RDA 2020 (§ 110) also required USACE to adopt procedures to include more consideration of environmental and socialgoals andregionaleconomic benefits during projectplanning and selection of the preferred alternative.WRDA2020(§ 115) setnonfederal costs 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 Federal Investments in Water Resources, and CRS Report R46328, Flood RiskReductionfromNatural andNature- Based Features: Army Corps ofEngineers Authorities. Study and Project Authorizations The broad cessation of congressionally directed spending that benefits a specific entity or locality (known as earmarking) altered the development of USACE authorization legislation. Enacted WRDAs since 2014have been explicit regarding their use of Administration reports and processes as the b asis for including mos t geographically specific USACEauthorizations. WRDA 2020 (§ 401) authorized the construction of 46 water resource developmentprojects identified in Chief of Engineers'reports completed since WRDA2018. Among these projects, several had federal costs greater than $400 million: three coastal stormdamage reduction projects (two in NY, one in VA); two navigation projects (both in TX); and one ecosystemrestorationproject (IL). WRDA 2020

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