WASHINGTON – U.S. Senators Kevin Cramer (R-ND), Ranking Member of the of the Senate Environment and Public Works (EPW) Transportation and Infrastructure Subcommittee, Shelley Moore Capito (R-WV), Tom Carper (D-DE), and Ben Cardin (D-MD) secured passage of the Water Resources Development Act of 2022 (WRDA 2022) as part of this year’s National Defense Authorization Act (NDAA) by a vote of 83-11 in the Senate.

WRDA 2022 is biennial legislation that authorizes flood control, navigation, and ecosystem restoration projects for the U.S. Army Corps of Engineers.

“The 2022 Water Resources Development Act delivers big wins for not only North Dakota, but the entire United States. It embraces states’ water rights, improves recreational access, supports flood mitigation initiatives, and establishes policies to better develop and utilize Corps projects. This bill came together through regular order and within the two-year timeframe, and proves when we work in a cooperative manner, we can make meaningful progress. Thank you to Chairman Carper, Ranking Member Capito, and Chairman Cardin for their leadership and commitment to getting this done,” said Senator Cramer.  

“I’m thrilled the Senate passed our bipartisan Water Resources Development Act of 2022, which tackles water resources challenges across the country,” said Senator Capito. “WRDA 2022 supports the U.S. Army Corps of Engineers in its mission to address local and regional concerns, while continuing to advance national priorities. For West Virginia, projects in communities across our state will receive the resources and support needed to make progress on critical issues, such as addressing flood risk. This legislation is another example of commonsense, bipartisan collaboration on the EPW Committee to improve America’s infrastructure, and I’m looking forward to the president signing it into law.”

“Today, we are again demonstrating what is possible when we work together to deliver meaningful, bipartisan solutions to the challenges facing our nation’s water resources,” said Senator Carper. “The Water Resources Development Act of 2022 will better position the Army Corps of Engineers for the future, help more communities protect themselves from the mounting impacts of climate change, restore critical ecosystems, and keep our economy moving forward. I am grateful to Senators Capito, Cardin, and Cramer for being outstanding partners in developing this year’s Water Resources Development Act and helping get this bill across the finish line. I look forward to President Biden signing this historic water infrastructure legislation into law.” 

“This year’s Water Resources Development Act adds another win for Maryland and the country to a remarkably productive Congress,” said Senator Cardin. “Our bipartisan bill supports supply chains, takes climate change seriously, and expands Army Corps assistance for disadvantaged communities. It also provides new opportunities for maintenance dredging for small harbors such as those in Maryland on the Chesapeake Bay and its tributaries. WRDA 2022 will deliver real benefits in Maryland and across the country, and I look forward to its enactment and implementation.”

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. Learn more here.

North Dakota Priorities Secured by Senator Cramer Include:

  • Creation of the Western Water Cooperative Committee: Ensures 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: Since coming to Congress, Senator Cramer worked to enact temporary prohibitions on these potential fees.
  • Increased Section 594 Program Funding Authority: $100 million to assist public entities to design and construct water and wastewater infrastructure. Senator Cramer previously announced funding awards for projects in North Dakota utilizing the 594 program including:
  • Encourages the Army Corps to Retain Recreation Fees: USACE facilities can use the funds for the operations and maintenance of the site at the point of collection. 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: During periods of low water, USACE is able 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.
  • Updated Hydrology in the Souris River Basin: The bill 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.
  • 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: The bill extends existing authorization allowing the USACE to provide assistance for the operation and maintenance of Devils Lake flood risk reduction projects 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 which 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 Committees. 

Last Congress, Senator Cramer wrote and secured numerous North Dakota water infrastructure projects in the year-end spending bill.