Water Resources Development Act, National Dam Safety Program Reauthorization, GSA Disposal Process Tribal Parity Act, and FASTA Reform Act

***Click here to download video. Click here for audio.***

WASHINGTON – The Senate Environment and Public Works (EPW) Committee marked up and passed four of U.S. Senator Kevin Cramer’s (R-ND) bills during today’s committee meeting. The Water Resources Development Act (WRDA), the General Services Administration Disposal Process Tribal Parity Act, the Federal Assets Sale and Transfer Act Reform Act, and the National Dam Safety Program reauthorization passed out of committee and now head to the Senate floor for full consideration. 

The Water Resources Development Act is passed biannually and reauthorizes U.S. Army Corps of Engineers (USACE) projects.

“This year’s Water Resources Development Act is an example of timely, regular order, reflecting committee members’ input and delivering wins for North Dakota communities,” said Senator Cramer. “Our state and tribal nations will benefit from the Corps’ ability to better support local flood control projects and enhance outdoor recreation opportunities. I commend my EPW colleagues for keeping the decade-long streak of passing WRDA out of committee and urge its swift passage.”

North Dakota priorities in this year’s WRDA include:

  • Recommends enhancing recreation facilities in Army Corps-managed areas. The bill stresses the importance of retaining recreation fees at the point of collection, so the funds are used for the operations and maintenance of the site, aligning the USACE with other federal land management agencies’ practices, and allowing its districts to plan local maintenance and repair projects without Washington approval. It also recommends allowing USACE to enter into cooperative agreements with local non-profits to jointly manage recreation facilities. The language reflects the intended goal of Senator Cramer’s bipartisan Lake Access Keeping Economies Strong (LAKES) Act. Congressional rules require this legislation to start in the House, and Senator Cramer is working with his colleagues to have it included in the House version of WRDA.
  • Directs the Army Corps to submit a report to Congress on land suitable to be transferred to the Standing Rock Sioux Tribe for improved recreation access and development. In 2023, Senator Cramer brought Assistant Secretary of the Army (ASA) for Civil Works Mike Connor to meet with the leadership of the Standing Rock Sioux Tribe regarding potential recreational development opportunities. During the meeting, ASA Connor committed to identifying potential opportunities for land transfers to the tribe to help advance tribal recreation. This language codifies his commitment to them.
  • Increases funding and maximum federal cost for flood damage reduction projects under Section 205 of the Continuing Authorities Program. These changes were requested by the Red River Joint Water Resources District and will allow the USACE to better assist public entities with the design and construction of small flood control projects.
  • Deauthorizes, at the request of the Souris River Joint Water Resource Board, the Talbotts Nursery Levee System, which is no longer needed for the purpose it was originally constructed. Breaching or removing the levee will allow for additional flood storage in the area.
  • Requires the Army Corps to develop a guide on the use of public-private partnerships for water resources development projects. This will provide information to non-federal sponsors on best practices and help facilitate successful project delivery. The Fargo-Moorhead Area Flood Diversion Project was the Army Corps’ first public-private partnership project in the agency’s history. This guide will reflect the successes and lessons learned in Fargo for future partnerships.
  • Directs the Army Corps to prioritize the completion of its report on improved strategies for noxious weed control on USACE-managed lands. Senator Cramer secured language in WRDA 2020 requiring the Army Corps to establish this pilot program and submit a formal report to Congress on its findings. Noxious weed spread is problematic for state and local property bordering Army Corps land and it must be controlled.
  • Requires the Government Accountability Office (GAO) to study how the USACE can modernize its Civil Works Program through better utilization of technology and evaluate the cost savings associated with utilizing digital infrastructure over the life cycle of a water resource development project. 
  • Establishes a pilot program in North Dakota allowing the Army Corps to accept water reallocation studies completed by state and local sponsors. This will provide non-federal sponsors an avenue to complete these studies in a more timely manner.
  • Requires the Army Corps to give due consideration to the Western Area Power Administration’s request that it applies its Dam Safety Assurance Authority on the Garrison Dam Spillway Improvement Project. Applying this authority would reduce cost impacts on electricity consumers in the region. 
  • Allows the Army Corps, similar to other federal land management agencies, to use funds for volunteer recognition efforts, such as an award to help the USACE better celebrate the critical work done by its volunteers. 
  • Reduces the non-federal cost share for the Section 594 Program for economically disadvantaged communities receiving project assistance under this program. The 594 Program helps construct water and wastewater infrastructure in North Dakota and Senator Cramer helped reauthorize it in the Water Resources Development Act of 2022.
  • Permanently reauthorizes the Army Corps’ Tribal Partnership, which was slated to be terminated in 2033. This program allows the Army Corps to perform feasibility studies and construct water resource development projects beneficial to Indian tribes. 
  • Directs the Army Corps to report on efforts to monitor, control, and eradicate invasive species. 

The EPW Committee also passed three bipartisan bills Senator Cramer is leading:

  • S.4359; reauthorizes the National Dam Safety Program, which provides critical resources for dam safety inspections, monitoring, and emergency planning efforts. North Dakota has over 3,000 dams and this will give the state much-needed support to oversee their management. Senator Cramer joined U.S. Senator Alex Padilla (D-CA) in introducing the reauthorization.
  • S.3564; reforms the General Service Administration’s federal surplus property disposal process to expand access to tribal governments. This long overdue change will provide tribal governments with the same ability to obtain surplus property afforded to state and local governments. Senator Cramer joined U.S. Senators Alex Padilla (D-CA), James Lankford (R-OK), and Mark Kelly (D-AZ) in cosponsoring the bill earlier this year.
  • S.3880; modifies FASTA, to address long-standing deficiencies in managing the federal government’s real property portfolio. FASTA, as initially passed, aimed to streamline the disposal of unneeded federal assets and also included the establishment of the Public Buildings Reform Board (PBRB) to govern these sales. The FASTA Reform Act addresses challenges identified by the PBRB throughout the first two rounds of disposals, and provides additional time to complete the final round. Senators Cramer and Kelly introduced the FASTA Reform Act in October.