[Congressional Record Volume 169, Number 43 (Tuesday, March 7, 2023)]
[Extensions of Remarks]
[Page E186]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




COST ESTIMATE FOR H.J. RES. 27--PROVIDING FOR CONGRESSIONAL DISAPPROVAL 
 UNDER CHAPTER 8 OF TITLE 5, UNITED STATES CODE, OF THE RULE SUBMITTED 
   BY THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, DEPARTMENT OF 
 DEFENSE AND THE ENVIRONMENTAL PROTECTION AGENCY RELATING TO ``REVISED 
             DEFINITION OF `WATERS OF THE UNITED STATES' ''

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                         Tuesday, March 7, 2023

  Mr. GRAVES of Missouri. Mr. Speaker, I include in the Record the cost 
estimate prepared by the Congressional Budget Office for H.J. Res. 27--
Providing for Congressional disapproval under chapter 8 of title 5, 
United States Code, of the rule submitted by the Department of the 
Army, Corps of Engineers, Department of Defense and the Environmental 
Protection Agency relating to ``Revised Definition of `Waters of the 
United States.' '' The cost estimate was not available at the time of 
the Committee Report filing.


H.J. RES. 27, PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF
 TITLE 5, UNITED STATES CODE, OF THE RULE SUBMITTED BY THE DEPARTMENT OF
       THE ARMY, CORPS OF ENGINEERS, DEPARTMENT OF DEFENSE AND THE
   ENVIRONMENTAL PROTECTION AGENCY RELATING TO ``REVISED DEFINITION OF
 `WATERS OF THE UNITED STATES' '' AS REPORTED BY THE HOUSE COMMITTEE ON
           TRANSPORTATION AND INFRASTRUCTURE ON MARCH 3, 2023
------------------------------------------------------------------------
                                          By fiscal year, millions of
                                                   dollars--
                                     -----------------------------------
                                         2023      2023-2028   2023-2033
------------------------------------------------------------------------
Direct Spending (Outlays)...........          *           *           *
Revenues............................          0           0           0
Increase or Decrease (-) in the               *           *           *
 Deficit............................
Spending Subject to Appropriation             *           *           *
 (Outlays)..........................
------------------------------------------------------------------------
* = between -$500,000 and $500,000.

       Increases net direct spending in any of the four 
     consecutive 10-year periods beginning in 2034? $2.5 billion.
       Increases on-budget deficits in any of the four consecutive 
     10-year periods beginning in 2034? $5 billion.
       Statutory pay-as-you-go procedures apply? Yes.
       Mandate Effects:
       Contains intergovernmental mandate? Yes, Under Threshold.
       Contains private-sector mandate? Yes, Under Threshold.
       H.J. Res. 27 would prevent the Environmental Protection 
     Agency (EPA) and the Army Corps of Engineers from 
     implementing or enforcing certain regulations related to the 
     nation's waters and wetlands under the Clean Water Act (CWA).
       The CWA directs EPA and the Corps to serve as co-
     regulators, along with the states, of the nation's waters. 
     H.J. Res. 27 would prevent those agencies from implementing a 
     final rule, ``Revised Definition of 'Waters of the United 
     States.' '' as published in the Federal Register on January 
     18, 2023. The rule, which will take effect on March 20, 2023, 
     defines the scope of waters protected by the CWA.
       Under current law, the Corps collects fees to issue permits 
     under the CWA in amounts that, on average, total less than 
     $50,000 annually. Those fees are recorded in the budget as 
     offsets to direct spending.
       CBO expects that implementing the joint resolution could 
     affect permitting requirements for some projects and thus the 
     number of permit applications, but we do not have enough 
     information to determine whether the number of applications 
     would increase or decrease. CBO estimates that any increase 
     or decrease in direct spending under the joint resolution 
     would be insignificant because the fees the Corps collects 
     are nominal.
       If the 2023 rule were reversed, the regulations that were 
     previously in place would once again become effective. The 
     administrative burden on EPA and the Corps to reverse the 
     regulations would be minimal, so CBO estimates that 
     administrative costs would be insignificant; any spending 
     would be subject to the availability of appropriated funds.
       Implementing H.J. Res. 27 would impose mandates on 
     intergovernmental and private-sector entities as defined in 
     the Unfunded Mandates Reform Act (UMRA) because some property 
     owners would encounter regulatory requirements that they 
     would not otherwise face when the final rule is in effect. 
     Some property owners would face fewer regulatory requirements 
     under the resolution. The cost of the mandate would be any 
     fees and expenses incurred to comply with the regulatory 
     requirements under the CWA.
       The number of property owners affected would depend on how 
     EPA and the Corps implement the joint resolution. Even if the 
     total number of applications, on net, decrease or remain 
     unchanged, CBO expects that implementing the joint resolution 
     would require a limited number of property owners to apply 
     for additional permits. Using information from the Corps, CBO 
     estimates the cost of the mandates would not exceed the 
     thresholds established in UMRA for intergovernmental and 
     private-sector mandates ($99 million and $198 million in 
     2023, respectively, adjusted annually for inflation).
       The CBO staff contacts for this estimate are Aurora Swanson 
     (for federal costs) and Brandon Lever (for mandates). The 
     estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
     of Budget Analysis.

                          ____________________