RL33504
Water Resources Development Act (WRDA): Corps of Engineers Authorization Issues
October 05, 2006

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National Council for Science and the Environment

Summary:

Congress authorizes Army Corps of Engineers water resources studies and projects before appropriating funds to them. The 109th Congress is considering authorizing Corps activities through a Water Resources Development Act (WRDA) -- H.R. 2864. The House passed H.R. 2864 in July 2005; the Senate passed the bill in July 2006. Conferees were named in mid-September 2006. The conference committee is faced with numerous differences between the two versions. Issues reportedly shaping the negotiations include the specifics of Corps reform measures (such as independent review and fish and wildlife mitigation provisions) and general concerns about the overall level of authorizations in the bills, leading to differences of opinion about which projects to authorize and the cost-share and other specifics of those authorizations. The Administration has expressed concerns about both the level of authorizations in the House and Senate versions, and specific provisions in both versions related to Corps policy and specific projects. Policy "Reforms." The two versions differ in their provisions for changes in Corps policy and procedures, with the independent review provisions receiving the greatest attention. The two versions differ on which projects could be reviewed (i.e., the scope of the review), which projects could be exempted or included for review, who would be performing and directing the reviews, and how recommendations resulting from the reviews would be treated. The Administration supports the independent peer review of proposed projects. Coastal Louisiana. The (pre-Hurricane Katrina) House-passed WRDA would authorize $1.2 billion in Coastal Louisiana ecosystem restoration activities based on a January 2005 report by the Corps' Chief of Engineers; 64% of the costs would be a federal responsibility. The Administration supports a 50%-50% cost-share for coastal Louisiana restoration, as well as for other large restoration efforts such as the activities proposed for the Upper Mississippi River-Illinois Waterway (UMR-IWW). The Senate's July 2006 WRDA language would use the same Corps report as the basis for its authorization, while also providing the Corps authority to modify the activities identified in the report in response to Hurricanes Katrina and Rita. The language also directs the Corps to give priority to protecting populated areas of the coast and to integrate the restoration efforts with hurricane protection projects. Pending WRDA language also contains other provisions authorizing Corps hurricane protection and navigation projects in Louisiana. The Senate-passed H.R. 2864 includes provisions authorizing hurricane protection projects for coastal Louisiana contingent upon committee resolutions; the Administration objects to this conditional pre-authorization of projects, noting the projects are yet to be identified and may cost tens of billions of dollars. This report replaces CRS Issue Brief IB10133, Water Resources Development Act (WRDA): Corps of Engineers Authorization Issues, coordinated by Nicole T. Carter.