[Congressional Record Volume 156, Number 112 (Wednesday, July 28, 2010)]
[Extensions of Remarks]
[Pages E1460-E1461]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


         H.R. 5892, THE WATER RESOURCES DEVELOPMENT ACT OF 2010

                                 ______
                                 

                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                        Wednesday, July 28, 2010

  Mr. OBERSTAR. Madam Speaker, together with Subcommittee on Water 
Resources and Environment Chairwoman Eddie Bernice Johnson, I rise 
today to introduce H.R. 5892, the ``Water Resources Development Act of 
2010''. This legislation continues the long-standing tradition of the 
Committee on Transportation and Infrastructure to address the critical 
infrastructure needs of the Nation, including its water-related 
infrastructure.
  The Committee on Transportation and Infrastructure is second to none 
in terms of authorizing investment in our Nation's vital infrastructure 
projects. Whether the issue is investment in our Nation's wastewater 
infrastructure, investment in our nation's highways and public transit, 
or investment in our nation's water-related infrastructure, this 
Committee is committed to investment in our Nation's infrastructure, to 
create well-paid jobs that cannot be outsourced, and to ensure the 
economic and environmental health and well-being of this Nation for 
decades to come.
  Every day, we see and hear of the Nation's crumbling infrastructure, 
and, on a bipartisan basis, are moving an agenda to repair and replace 
existing assets, and to plan for the next generation of highways, 
bridges, transit systems, airports, water transportation, and water-
related infrastructure.
  Last year, in an effort to stave off the worst impacts of the 
economic downturn, Congress passed the American Recovery and 
Reinvestment Act of 2009, Pub. L. 111-5. The Recovery Act has already 
played a key role in putting Americans back to work. The Recovery Act 
enabled communities to invest in safe and reliable modes of 
transportation, invest in our Nation's economy and environment, and 
ensure that the next generation will be provided with the same 
opportunities that were provided to us by our predecessors.
  Yesterday, our Committee held its 20th oversight hearing on the 
implementation of the Recovery Act, and heard testimony that, as of 
July 2009, 17,024 highway, transit, and wastewater infrastructure 
projects have broken ground across the nation, totaling $32.7 billion--
that is 86 percent of the total available formula funds. Within this 
total, work has been completed on 6,920 projects, totaling $5.3 
billion. Many of the projects built with these Recovery Act funds were 
originally considered and authorized by this Committee, including 
projects and studies authorized in prior water resources development 
acts.
  Under the Recovery Act's appropriation of $4.6 billion for the U.S. 
Army Corps of Engineers, Corps, the agency has committed $3.9 billion 
for 793 projects, or 85 percent of its total allotment. These 
investments have enabled the Corps to repair or improve 155 lock 
chambers, and maintain or improve harbors and waterways that serve over 
2,400 commercial ports. In addition, through the Recovery Act, the 
Corps has initiated 1,132 flood risk management projects to improve dam 
or levee safety, and 1,034 projects to maintain or upgrade recreation 
areas.
  The basis for these types of investments is the water resources 
development act. For decades, the Committee on Transportation and 
Infrastructure has strived to enact a water resources development act 
every Congress. Since at least 1986, this Committee has been successful 
in reporting legislation, every Congress, to meet the water-related 
infrastructure needs of the Nation. While these efforts were not always 
successful in moving a bill to the President's desk for his 
consideration, the tradition of our Committee, under both Democratic 
and Republican majorities, is to address the critical needs of the 
Nation in a timely and regular manner.
  Following the successful enactment of the Water Resources Development 
Act of 2007, Pub. L. 110-114, the current Democratic and Republican 
leadership of the Committee on Transportation and Infrastructure 
renewed our committed to enactment of a water resources development act 
in every Congress. Through a water resources bill, Congress authorizes 
critical navigation, flood damage reduction, and environmental 
restoration projects and studies carried out by the Corps. Throughout 
its history, these water resources development acts have provided the 
Corps with the authority to carry out nationally significant projects 
that have improved the economic prosperity of the nation, have 
protected its citizenry from the threat of flooding and coastal storms, 
and have put in place restoration efforts for many of America's natural 
treasures. In the Water Resources Development Act of 2007, Congress 
authorized major navigation projects along the coasts of the United 
States, and throughout its interior, authorized projects for the long-
term recovery and restoration of coastal Louisiana from the effects of 
Hurricanes Katrina and Rita, and authorized the first critical projects 
for the restoration of the Florida Everglades.
  Today, the Corps maintains more than 11,000 miles of channels for 
commercial navigation and operates locks at 230 sites. One-half of all 
locks are more than 50 years old. The Corps also maintains 300 deep 
commercial harbors and 600 shallow coastal and inland harbors. There 
are 75 hydropower plants at Corps facilities producing one-fourth of 
the Nation's hydroelectric power. To address flood risks, the Corps 
manages 383 major lakes and reservoirs, and 8,500 miles of levees. The 
Corps estimates that, on average, its civil works projects prevent $20 
billion in flood damages ever year.
  The enactment of water resources development acts has a unique 
history, in which Congress authorizes each individual project. Since 
the first authorizations for these projects in the earliest days of our 
Nation, Congress has always provided line-item authorizations for each 
project. Congress has never authorized a blank check to the Corps to 
enable it to invest wherever it chooses.
  Given this unique history, and in the interest of transparency and 
accountability, the Committee on Transportation and Infrastructure 
charted a new chapter for project authorizations at the outset of the 
110th Congress. We adopted a policy requiring each project 
authorization in the Water Resources Development Act of 2007 to be 
requested by a Member of Congress and accompanied by a ``no financial 
interest'' certification signed by the requesting Member.

  Every project authorization included in the Water Resources 
Development Act of 2007 was specifically requested by a Member of 
Congress, either in the House of Representatives or the United States 
Senate, and each request of a Member of the House was accompanied by a 
certification from the Member that neither he nor she nor his or her 
spouse had a financial interest in the project. This information was 
made publicly available through the Committee report, the Congressional 
Record, and in the Joint Explanatory Statement of the Conference Report 
prior to consideration of the legislation in the House of 
Representatives.
  That transparency and accountability principle continues to be the 
policy of the Committee on Transportation and Infrastructure in the 
formulation of H.R. 5892, the ``Water Resources Development Act of 
2010.'' In December 2009, the Committee received more than 2,000 
individual requests from both Democratic and Republican Members for 
projects and studies to be included in the water resources development 
bill. Although this bill includes only a small percentage of those 
requests, the legislation introduced today represents progress in 
meeting the next generation of critical navigation, flood damage 
reduction, and environmental restoration projects for our Nation.
  In addition, with the introduction of this legislation, the Committee 
on Transportation and Infrastructure has instituted an additional 
measure of transparency and accountability by requiring that all 
project and study requests included in the introduced bill be publicly 
disclosed and made electronically-available on the Internet, along with 
a copy of the individual certifications from Members of Congress 
stating that neither the Member nor his or her spouse has a financial 
interest in the project, and a copy of a letter from the State or local 
government expressing support for the project.
  A summary of H.R. 5892, the ``Water Resources Development Act of 
2010'', is included with my statement.

          H.R. The ``Water Resources Development Act of 2010''


                               In General

       Reaffirms the continuing commitment of the Committee on 
     Transportation and Infrastructure to the nation's water 
     resources infrastructure, and a regular authorization 
     schedule for the Civil Works Program of the Army Corps of 
     Engineers to address new and emerging water resources needs, 
     and to fine-tune the Corps' missions and responsibilities.
       Authorizes three projects with Chief of Engineer's reports 
     relating to hurricane and storm damage reduction, and 
     ecosystem restoration.
       Includes technical changes to the Corps' programmatic 
     authorities, including: clarifying the intent of Congress 
     related to the Corps' crediting authority; increasing the 
     transparency of independent reviews; and improving the 
     effectiveness of mitigation that addresses impacts from 
     Corps' projects on the natural environment.
       Establishes a policy for increased expenditures from the 
     Harbor Maintenance Trust Fund to ensure that annual revenues 
     collected are utilized to meet the nation's navigation 
     maintenance dredging needs.
       Authorizes the Corps of Engineers to work with local 
     communities in the assessment and evaluation of local flood 
     control structures, including levees.


                        Navigation and Commerce

       Authorizes four small projects for navigation.
       Authorized additional Federal funding for the upgrade of 
     the St. Lawrence Seaway.

[[Page E1461]]

                         Flood Damage Reduction

       Authorizes 29 small flood damage reduction projects.


       Hurricane and Storm Damage Reduction and Shore Protection

       Authorizes the project Mississippi Coastal Improvements 
     Program, Hancock, Harrison, and Jackson Counties, 
     Mississippi.
       Authorizes the project West Onslow Beach and New River 
     Inlet (Topsail Beach), Pender County, North Carolina.
       Authorizes ten smaller projects for shoreline and 
     streambank protection.


                Environmental Restoration and Protection

       Authorizes the project for Mid-Chesapeake Bay Island 
     Ecosystem Restoration Project, Chesapeake Bay.
       Authorizes 31 smaller projects for aquatic ecosystem 
     restoration and increases the per-project limit for small 
     aquatic ecosystem restoration projects and small project 
     modifications for improvement of the environment to $10 
     million.
       Authorizes the Corps of Engineers to upgrade the initial 
     electrical barrier and implement additional barriers in and 
     around the Chicago Sanitary and Ship Canal to enhance efforts 
     in keeping the Asian Carp from entering the Great Lakes.
       Directs the Secretary to study the potential for hydrologic 
     separation of the Mississippi River basin system and the 
     Great Lakes basin at the Chicago Sanitary and Ship Canal. 
     Directs the Corps to develop a comprehensive plan for 
     restoration of the Chesapeake Bay, in coordination with other 
     Federal agencies and consistent with the Chesapeake Bay 
     Agreement.
       Directs the Corps to develop a comprehensive plan for 
     carrying out ecosystem restoration projects within the 
     coastal waters of the Northeastern United States.


                            Study Authority

       Authorizes the Secretary to undertake more than 160 studies 
     for potential future water resource projects, including 
     potential projects for navigation, flood damage reduction, 
     hurricane and storm damage reduction, environmental 
     restoration, and water supply.


                           Watershed Planning

       Increases the opportunities for the Corps to facilitate 
     watershed planning and carry out watershed and river basin 
     assessments.
       Authorizes the Corps of Engineers to undertake a 
     comprehensive water supply and allocation study for the State 
     of Georgia.

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