Cassidy Outlines Louisiana-Focused Reforms In Water Resources Reform and Development Act
Press Release
Today, Congressman Bill Cassidy announced reforms in the Water Resources Reform and Development Act (WRRDA) that will directly benefit Louisiana. The water resources conference report authorizes many critical infrastructure and hurricane protection projects for Louisiana, including Morganza to the Gulf.
Morganza to the Gulf is of immense importance for Louisiana's coastal restoration and protection efforts. The project's purpose is to protect the remaining fragile marsh and wetlands from hurricane storm surge.
Congressman Bill Cassidy (R-LA) released the following statement:
"Morganza to the Gulf, in addition to many other hurricane protection and coastal restoration projects, will be authorized and built. Morganza will protect our coast from future storm surge and protect our communities from flooding, providing relief to thousands of families and businesses in Louisiana. I am proud to have helped develop reforms within the Water Resources bill with Chairman Shuster that will protect Louisiana's waterways, strengthen our infrastructure, and boost our economy."
Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) also released the following statement:
"The Conference Report adopts important reforms and the Morganza to the Gulf project championed by Rep. Cassidy. His knowledge and experience working with the Army Corps of Engineers, and on flood control and coastal restoration issues, helped us to craft a legislation that will benefit millions of Americans. The people of Louisiana should be proud of Rep. Cassidy's leadership on these important issues."
The report incorporates many reforms Dr. Cassidy spearheaded in the House that streamlines and accelerates flood protection projects, including:
Project Acceleration: Establishes programmatic approaches to NEPA reviews and requires early coordination among relevant Federal agencies so that late entry into the process cannot be used as an excuse for delaying environmental reviews. Creates a comprehensive issue resolution process if a non-Federal sponsor requests that the Corps look into issues that would delay the completion of the environmental review process or result in the denial of the final approval. The provision sets hard deadlines for comment responses to environmental documents to ensure that agencies are not delaying the environmental process by failing to respond and includes financial penalties to ensure that additional environmental reviews are completed within 180 days of the main environmental document. The Conference Report requires a comprehensive review of categorical exclusions and a rulemaking if new exclusions are identified that will expedite the process.
Non-federal project construction implementation pilot program: Directs the Corps to establish and implement a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-Federal interests to carry out flood risk management, hurricane and storm damage reduction, and coastal harbor and channel and inland harbor navigation projects. Directs the Corps to identify not more than 15 projects that have more than 2 consecutive years of unobligated funding balances in the Corps construction account. The Conference Report directs the Corps to provide the non-Federal sponsor full project management control for construction of the project or separable element in accordance with plans approved by the Corps. Directs the Corps to transfer the balance of the unobligated amounts appropriated for the projects as well as additional appropriated amounts made available to the non-Federal sponsor, and provide technical assistance relating to any study, engineering activity, and design activity for construction carried out by the non-Federal sponsor.
Restoration of flood and hurricane storm damage reduction projects: Directs the Corps to carry out any measure necessary to restore components of authorized and constructed flood and hurricane storm damage reduction projects (i.e. levee lifts) to the current authorized level of protection for reasons including settlement, subsidence, sea-level rise, and new datum, if the Corps determines the necessary work is feasible.
Levee certifications: Authorizes the Corps, on receipt of a request from a non-Federal sponsor, to carry out a levee system evaluation and certification of a federally-authorized levee for purposes of the NFIP. The cost share for these activities is 50% Federal and 50% non-Federal.
Operations and maintenance on fuel taxed inland waterways: Establishes a minimum 65% Federal and maximum 35% non-Federal cost share requirements for O&M of structures associated with authorized hurricane and storm damage reduction projects that bisect an inland or intracoastal waterway described in section 206 of the Inland Waterways Revenue Act of 1978.
Study acceleration: Codifies the administrative process established by the Corps for completing feasibility studies, known as "3x3x3". The three elements of this process are that feasibility studies will be completed in less than three years; studies will have a maximum Federal share of $3M; and integrated reviews will take place at all three levels of the Corps (District, Division, Headquarters).
Feasibility studies: Requires that each District Engineer must establish a detailed project schedule using the milestones developed by Corp HQ for all new feasibility studies as well as feasibility studies that have received funding since October 1, 2009. The District Engineer must submit the schedule to the non-Federal sponsor and if a deadline in the schedule is missed, the District Engineer must submit a report to the non-Federal interest on why the deadline was missed along with a revised project schedule.
Accounting and administrative expenses: Directs the Corps to provide to the non-Federal sponsor a detailed accounting of the Federal expenses associated with a water resources project.
Determination of project completion: Establishes a process for the non-Federal sponsor to appeal a Corps' decision on when a water resource project is complete and subject to transfer and non-Federal O&M responsibilities. An independent, non-Federal entity would then determine whether the applicable water resources project is complete.
Hurricane and storm damage risk reduction prioritization: Directs the Corps to prioritize ongoing hurricane and storm damage reduction feasibility studies that address an imminent threat to life and property, prevent storm surge from inundating populated areas, prevent adverse impacts to publicly owned or funded infrastructure and assets, and address hurricane and storm damage risk reduction in an area for which the President declared a major disaster in accordance with the Stafford Act.
Clarification of work-in-kind credit authority: Allows the sharing of non-Federal sponsors credits across all projects included under the Louisiana Coastal Area ecosystem restoration program in Title VII of WRDA 2007.
Credit for in-kind contributions: Provides general authority to the Corps to provide credit for work undertaken by non-Federal interests without project-specific legislative authority.
Vegetation management policy: Requires the Corps to undertake a comprehensive review of the Corps policy guidelines on vegetation management for levees. The Corps is also directed to consider regional and watershed variances based on a variety of factors including soil conditions, hydrology, environmental resources, and levee performance history.
Fish and wildlife mitigation: Encourages the Corps to use the State Master Plan and regional mitigation plans for Corps projects and direct mitigation funds to priorities identified in those plans. Requires the Corps to provide technical assistance to state and local governments to set up mitigation banks and in-lieu fee programs to direct mitigation payments to local restoration priorities.
The Water Resources Conference Report also includes provisions critical for hurricane protection and waterway commerce in Louisiana, including:
Coastal and ecosystem restoration through the authorization of six Louisiana Coastal Area projects
Barataria Basin Barrier Authorization
Increase in Harbor Maintenance Trust Fund expenditures, prioritization for funding for high-and medium-use ports, and an increase in the threshold for 100% Corps operations and management responsibility from 45-ft to 50-ft
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