On Tuesday, the House Transportation & Infrastructure (T&I) Committee along with Senate Environment and Public Works (EPW) Committee announced they had reached an agreement on the 2024 Water Resources Development Act (WRDA), Congress’s biennial legislation authorizing new U.S. Army Corps of Engineers projects. Both the House and Senate passed their respective WRDA bills this summer, with the House passing its version in July followed by the Senate in early August. The agreement (S. 4367) authorizes 21 new U.S. Army Corps of Engineers water resources projects in 15 states, as well as Washington, DC and Puerto Rico. These projects cover a wide array of areas including navigation, hurricane and storm damage risk reduction, flood risk management, and ecosystem restoration.
The agreement includes several new water resources policy provisions and multiple provisions supported by ASCE. The most notable of these is the reauthorization of the National Dam Safety Program (NDSP) through 2028, a top legislative priority for ASCE. The NDSP is the primary source of federal funding supporting state dam safety programs with inspection and monitoring activities, emergency preparedness, and staffing needs. The NDSP’s legislative authority expired in September of last year and it has been operating using previously appropriated funds since that time. The agreement includes language from two bills supported by ASCE and led by Representatives Chuck Edwards (R-NC) and Ann Kuster (D-NH)– H.R. 5014– the National Dam Safety Program Reauthorization Act and H.R. 6931– the NDSP Amendment Act. In addition to reauthorizing the NDSP, the agreement eases restrictions on the amount of funds states can receive in state assistance grants, and improves access to the High Hazard Potential Dam Rehabilitation Grant Program- which provides competitive grants for rehabilitation projects for dams which pose the greatest risk to downstream communities. Senators Alex Padilla (D-CA) and Kevin Cramer (R-ND) led the Senate’s legislative efforts on the NDSP (S. 3111)
In addition to NDSP reauthorization, the agreement also requires incorporation of low-head dams into the National Inventory of Dams. The 2022 WRDA law officially authorized the creation of a national inventory of low-head dams, which are smaller, river spanning structures that produce dangerous, undetectable currents and pose a risk to public safety. The incorporation of these structures into the National Inventory of Dams will enhance dam safety by making them more readily apparent and allowing for more safety precautions to be implemented.
Another provision which ASCE strongly supports is an adjustment of the project cost share formula for the Inland Waterways Trust Fund (IWTF). The IWTF helps pay for major rehabilitation and construction projects along navigation channels, which play a vital economic role as America’s “water highway.” Currently, these projects receive 65 percent of federal funding from appropriated general funds, and 35 percent by the IWTF. In the 2021 Report Card for America’s Infrastructure, ASCE recommended modifying this cost share to a 75%-25% split as a way of raising the inland waterways’ D+ grade, which is what the 2024 WRDA agreement does. This step will ensure that the IWTF remains a valuable resource for future projects and will reduce the inland waterways project backlog.
This year’s agreement also includes a reauthorization of the U.S. Economic Development Administration, the first reauthorization of the program in several years. Finally, the agreement includes the Fiscally Responsible Highway Funding Act of 2024. This effort, led by Senate EPW Ranking Member Shelley Moore Capito (R-WV) would redistribute unobligated balances under the Transportation Infrastructure Finance and Innovation Act (TIFIA) program to states through the Surface Transportation Block Grant program.
The House is slated to take up the 2024 WRDA agreement next week, where it is expected to be passed and taken up by the Senate for passage shortly after. This would mark the 6th consecutive time Congress has passed WRDA legislation on its intended biennial schedule, a rare example of bipartisan cooperation in an era of deep polarization. ASCE will continue to monitor any developments with the 2024 WRDA agreement through the end of this year.