Senate Passes Sen. Cramer’s Water Resources Development Legislation

“Every two years, the Water Resources Development Act offers an opportunity for Congress to provide the Army Corps of Engineers direction to set up our nation’s water resources for long-term success. Receiving overwhelming bipartisan support, this bill embraces states’ water rights, improves recreational access, supports flood mitigation initiatives, and establishes policies to better utilize Corps projects while creating jobs and improving our economy. I appreciate the leadership and cooperation Senators Carper, Capito, and Cardin throughout this process. There are a lot of wins for North Dakota in this year’s WRDA bill and I look forward to working with the House to get it signed into law.”

Earlier today, Senator Cramer spoke on the Senate floor in support of this legislation. Watch his floor remarks here.

WRDA is biennial legislation that authorizes flood control, navigation, and ecosystem restoration projects for the U.S. Army Corps of Engineers (USACE). It passed unanimously out of the EPW Committee in May.

Through his leadership in crafting WRDA, Senator Cramer 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.
• Encourages the Army Corps to Retain Recreation Fees at the point of collection so USACE facilities can use the funds for the operations and maintenance of the site. This would align the USACE with other federal land management agencies’ practices, allowing 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.