[Congressional Record (Bound Edition), Volume 151 (2005), Part 14]
[Senate]
[Pages 19622-19624]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    WATER RESOURCES DEVELOPMENT ACT

  Mr. INHOFE. Mr. President, section 403 of the Congressional Budget 
and Impoundment Control Act requires that a statement of the cost of 
the reported bill, prepared by the Congressional Budget Office, be 
included in the report. At the time of filing of the report, the 
statement was unavailable. The statement has since been received by the 
committee. I ask unanimous consent that the statement be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
     S. 728, Water Resources Development Act of 2005, As reported 
         by the Senate Committee on Environment and Public Works 
         on April 26, 2005
       Summary
       S. 728 would authorize the Army Corps of Engineers (Corps) 
     to conduct water resource studies and undertake specified 
     projects and programs for flood control, inland navigation, 
     shoreline protection, and environmental restoration. The bill 
     would authorize the agency to conduct studies on water 
     resource needs, to complete feasibility studies for specified 
     projects, and to convey ownership of certain Federal 
     properties. Finally, the bill would extend, terminate, or 
     modify existing authorizations for various water projects and 
     would authorize new programs to develop water resources and 
     protect the environment.
       Assuming appropriation of the necessary amounts, including 
     adjustments for increases in anticipated inflation, CBO 
     estimates that implementing S. 728 would cost about $4.1 
     billion over the 2006-2010 period and an additional $7.6 
     billion over the 10 years after 2010. (Some construction 
     costs and operations and maintenance would continue or occur 
     after this period.)
       S. 728 would allow the Corps to spend any proceeds that it 
     collects from grazing fees, shoreline management permit fees, 
     municipal and industrial water supply fees, recreational 
     fees, and leases. In addition, the bill would allow the 
     Federal Government's power marketing administrations (PMAs) 
     to use proceeds from power sales to fund Corps expenses 
     related to hydropower. S. 728 also would convey parcels of 
     land to various nonFederal entities and would forgive the 
     obligation of some local government agencies to pay certain 
     project costs. Finally, the bill would allow the Corps to 
     collect and spend fees collected for training courses and 
     permit processing. CBO estimates that enacting those 
     provisions would increase direct spending by $212 million in 
     2006, $1.1 billion over the 2006-2010 period, and $2.3 
     billion over the 2006-2015 period. Pursuant to section 407 of 
     H. Con. Res. 95 (the Concurrent Resolution on the Budget, 
     Fiscal Year 2006), CBO estimates that enacting S. 728 would 
     cause an increase in direct spending greater than $5 billion 
     in the 10-year period beginning in 2046. Enacting the bill 
     would not affect revenues.
       S. 728 contains no intergovernmental or private-sector 
     mandates as defined in UMRA. Federal participation in water 
     resources projects and programs authorized by this bill would 
     benefit State, local, and tribal governments, and any costs 
     to those governments to comply with the conditions of this 
     Federal assistance would be incurred voluntarily. The bill 
     also would benefit those governments by authorizing 
     additional funds or reducing matching requirements for some 
     specific projects.
     Estimated Cost to the Federal Government
       The estimated budgetary impact of S. 728 is shown in the 
     following table. The costs of this legislation fall within 
     budget functions 300 (natural resources and the environment) 
     and 270 (energy).

[[Page 19623]]



                                         TABLE 1. ESTIMATED BUDGETARY IMPACT OF S. 728 OVER THE 2006-2010 PERIOD
                                                        [By fiscal year, in millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           2006             2007             2008             2009             2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level......................................              902              864              861              857              884
Estimated Outlays..................................................              632              866              853              849              867
 
                                                               CHANGES IN DIRECT SPENDING
Estimated Budget Authority.........................................              232              222              224              219              227
Estimated Outlays..................................................              212              218              223              219              227
--------------------------------------------------------------------------------------------------------------------------------------------------------

     Basis of Estimate
       For this estimate, CBO assumes that S. 728 will be enacted 
     near the beginning of fiscal year 2006 and that the necessary 
     amounts will be appropriated for each fiscal year.

                   Spending Subject to Appropriation

       S. 728 would authorize new projects related to 
     environmental restoration, shoreline protection, and 
     navigation. This bill also would modify many existing Corps 
     projects and programs by increasing the amounts authorized to 
     be appropriated to construct or maintain them or by 
     increasing the Federal share of project costs. Assuming 
     appropriation of the necessary funds, CEO estimates that 
     implementing this bill would cost $4.1 billion over the 2006-
     2010 period and an additional $7.6 billion over the 10 years 
     after 2010. For ongoing construction costs of previously 
     authorized projects, the Corps received a 2005 appropriation 
     of about $1.8 billion, including funds from the Inland 
     Waterway Trust Fund.
       For new water projects specified in the bill, the Corps 
     provided CBO with estimates of annual budget authority needed 
     to meet design and construction schedules. CBO adjusted those 
     estimates to reflect the impact of anticipated inflation 
     during the time between project authorization and 
     appropriation of construction costs. Estimated outlays are 
     based on historical spending rates for Corps projects.
       Significant New Authorizations. S. 728 would authorize the 
     Army Corps of Engineers to conduct water resource studies and 
     undertake specified projects and programs for flood control, 
     inland navigation, shoreline protection, and environmental 
     restoration. For example, the bill includes authorizations 
     for enhanced navigation improvements on the Upper Mississippi 
     River at an estimated Federal cost of $1.8 billion and an 
     ecosystem restoration project, also on the Upper Mississippi 
     River, at an estimated Federal cost of $1.6 billion. Another 
     large project authorized by this bill is the Indian River 
     Lagoon project in the Florida Everglades at an estimated 
     Federal cost of $605 million. Construction of those projects 
     would likely take more than 15 years.
       Deauthorizations. Title VI would withdraw the authority for 
     the Corps to build 58 projects authorized in previous 
     legislation. Based on information from the Corps, however, 
     CBO does not expect that the agency would begin any work 
     (under current law) for most of those projects over the next 
     5 years. Some of those projects do not have a local sponsor 
     to pay nonFederal costs, others do not pass certain tests for 
     economic viability, and still others do not pass certain 
     tests for environmental protection. Consequently, CBO 
     estimates that canceling the authority to build those 
     projects would provide no significant savings over the next 
     several years.
       Future Corps Appropriations for Operations and Maintenance. 
     As discussed below under ``Direct Spending,'' sections 2019 
     and 2020 would make about $175 million a year available for 
     operations and maintenance at Corps facilities without 
     further appropriation. In fiscal year 2005, the Corps 
     received an appropriation of about $2 billion for operations 
     and maintenance costs, including funds from the Harbor 
     Maintenance Trust Fund. Enacting this bill could result in a 
     reduction in future appropriations if the Congress chose to 
     reduce total Corps spending below the level appropriated in 
     2005. In lieu of a reduction, however, the Congress could 
     choose to continue Corps funding at current levels to provide 
     funds for the backlog of the agency's maintenance needs. For 
     this estimate, CBO assumes that future Corps appropriations 
     would continue at current levels and that new spending 
     authorized by the bill would be in addition to the current 
     level of agency funding.

                            Direct Spending

       Based on information from affected agencies, CBO estimates 
     that enacting S. 728 would increase direct spending by about 
     $212 million in 2006 and $2.3 billion over the 2006-2015 
     period. Table 2 presents the direct-spending components of 
     the bill. Most of the direct spending under the bill would 
     stem from provisions to allow for the spending of existing 
     power revenues associated with Corps projects for facility 
     planning, operation, maintenance, and upgrades without 
     further appropriation. Under current law, those and other 
     fees that would be made available for spending are deposited 
     (as setting receipts) to the general fund of the Treasury.
       Improvement of Water Management at Corps of Engineers 
     Reservoirs. Section 2019 would allow the Corps to spend any 
     proceeds collected from grazing fees, shoreline management 
     permit fees, and municipal and industrial water supply fees. 
     Under the bill, the Corps could spend such funds for 
     operations and maintenance at its facilities. Based on 
     information from the agency, CBO estimates that spending of 
     such receipts would total $21 million in 2006 and 88 million 
     over the 2006-2015 period.
       Direct Funding of Corps Operations and Maintenance for 
     Hydropower. Section 2020 would allow the Federal power 
     marketing administrations to use proceeds from the sale of 
     electricity to fund Corps expenses related to hydropower 
     functions. Based on information from the PMAs, CBO expects 
     that such direct funding would cost $142 million in 2006 and 
     $1.5 billion over the 2006-2015 period, with additional costs 
     after 2015. Currently, receipts collected by the PMAs for the 
     sale of electricity and related services are deposited in the 
     Treasury. Once such expenditures are directly funded, annual 
     appropriations for the Corps could be reduced by a similar 
     amount, or those funds could be spent on other unfunded Corps 
     priorities.
       The PMAs are required to set electricity rates at a level 
     that recoups Federal costs. Such costs include expenses 
     specific to maintaining hydropower facilities at Corps 
     projects in addition to joint costs or those allocated 
     between all functions at a project (recreation, 
     environmental, flood control, etc.). This bill would specify 
     that only costs allocated exclusively to electricity 
     production could be funded with sales revenues.
       Recreational Areas and Project Sites. Section 2004 would 
     authorize spending of receipts from leases and fees at Corps 
     recreational areas for operations and maintenance at 
     recreation areas and project sites. Based on information from 
     the Corps, CBO estimates that enacting this section would 
     cost $41 million in 2006 and $507 million over the 2006-2015 
     period.

                                                    TABLE 2. CHANGES IN DIRECT SPENDING UNDER S. 728
                                                        [By fiscal year, in millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  2006     2007     2008     2009     2010     2011     2012     2013     2014     2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING
Improvement of Water Management at Corps Reservoirs:
    Estimated Budget Authority................................       30       30       30       30       30       30       30       30       30       30
    Estimated Outlays.........................................       21       27       30       30       30       30       30       30       30       30
Direct Funding of Operations and Maintenance for Hydropower:
    Estimated Budget Authority................................      142      140      142      144      145      148      149      152      154      159
    Estimated Outlays.........................................      142      140      142      144      145      148      149      152      154      159
Spending of Lease Receipts:
    Estimated Budget Authority................................       10       10       10       10       10       10       10       10       10       10
    Estimated Outlays.........................................        8       10       10       10       10       10       10       10       10       10
Recreation Fees:
    Estimated Budget Authority................................       42       42       42       42       42       42       42       42       42       42
    Estimated Outlays.........................................       33       41       41       42       42       42       42       42       42       42
Land Conveyances and Other Direct Spending:
    Estimated Budget Authority................................        8        *        *       -7        *        *        *        *        *        *
    Estimated Outlays.........................................        8        *        *       -7        *        *        *        *        *        *
 

[[Page 19624]]

 
    Total Changes:
        Estimated Budget Authority............................      232      222      224      219      227      230      231      234      236      241
        Estimated Outlays.....................................      212      218      223      219      227      230      231      234      236      241
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOTE: * = less than $500,000.

       Spending of Corps Lease Receipts. This section would allow 
     the Corps to spend money it collects from leases at 
     recreational areas and project sites without further 
     appropriation on operations and maintenance. Based on 
     information from the Corps, CBO estimates that enacting this 
     section would cost $8 million in 2006 and $98 million over 
     the 2006-2015 period.
       Spending of Recreation Fees. This section would direct the 
     Corps to establish a new system of recreation fees, including 
     charges for admission to Corps recreation sites and for the 
     use of recreation facilities, visitor centers, equipment, and 
     services. Under the bill, the new fees (which would be based 
     on the value of the admission or service purchased) would 
     replace charges authorized under more restrictive, existing 
     laws. CBO estimates that, once the broader fee authority that 
     would be provided by this section has been fully implemented, 
     Corps offsetting receipts would increase by $12 million a 
     year from the current annual level of about $42 million. (We 
     expect that increases would initially be less because of 
     delays in determining the market value of similar local 
     recreation opportunities and establishing appropriate fee 
     schedules for some recreation sites.) Because all amounts 
     collected under the fee system would be available to the 
     Corps without further appropriation, however, CBO estimates 
     that enacting this provision would have a net cost of $33 
     million in 2006 and nearly $200 million over the 2006-2010 
     period. Over the 2006-2015, the total increase in net direct 
     spending would be just over $400 million.
       Various Land Conveyances. S. 728 would authorize the Corps 
     to convey at fair market value 13 acres of land and the 
     structures on the land, including a loading dock with mooring 
     facilities, in Alabama. In addition, S. 728 would authorize 
     the conveyance at fair market value 650 acres of Federal land 
     at the Richard B. Russell Lake in South Carolina to the 
     State. Based on information from the Corps, CBO estimates 
     that the Federal Government would receive about $7 million in 
     2008 from those sales.
       The bill also would convey certain Federal land in Alabama, 
     Pennsylvania, Georgia, Oregon, Kansas, and Missouri. CBO 
     estimates that those conveyances would have no significant 
     impact on the Federal budget.
       Arcadia Lake, Oklahoma. Section 3071 would eliminate the 
     obligation of the city of Edmond, Oklahoma, to pay 
     outstanding interest due on its water storage contract with 
     the Corps. CBO estimates that this provision would result in 
     a loss of receipts of about $8 million in 2006.
       Waurika Lake Project. Section 3073 would eliminate the 
     obligation of the Waurika Project Master Conservancy District 
     in Oklahoma to pay its outstanding debt related to the 
     construction of a water conveyance project. Because of an 
     accounting error, the Corps inadvertently undercharged the 
     district for costs associated with a land purchase related to 
     the water project in the early 1980's. Under terms of the 
     construction contract, the district is required to pay all 
     costs associated with building the project, including the 
     full cost of the land purchases. CBO estimates that enacting 
     this section would cost less than $200,000 a year over the 
     2006-2015 period.
       Funding to Process Permits. Section 2017 would make 
     permanent the Corps' current authority to accept and spend 
     funds contributed by private firms to expedite the evaluation 
     of permit applications submitted to the Corps. CBO estimates 
     that the Corps would accept and spend less than $500,000 
     during each year of this extension and that the net budgetary 
     impact of this provision would be negligible.
       Training Funds. Section 2003 would allow the Corps to 
     collect and spend fees collected from the private sector for 
     training courses. CBO estimates that the Corps would accept 
     and spend less than $500,000 annually and that the net 
     budgetary impact would be negligible.
     Estimated Long-Term Direct Spending Effects
       Pursuant to section 407 of H. Con. Res. 95 (the Concurrent 
     Resolution on the Budget, Fiscal Year 2006), CBO estimates 
     that enacting S. 728 would cause an increase in direct 
     spending greater than $5 billion in the 10-year period 
     beginning in 2046. That estimate assumes that the bill's 
     estimated direct spending cost of $241 million in 2015 would 
     continue to increase over the next 40 years. Specifically, 
     CBO assumes that the Corps' costs for operations and 
     maintenance at PMA projects would increase at the rate of 
     inflation projected for 2015 for this activity about 2.9 
     percent a year. That inflator reflects a weighted average of 
     pay and nonpay components of Corps operations and maintenance 
     activities. In addition, we assume that Corps collections 
     from grazing, permit, water-use fees, and proceeds from the 
     use of recreationsites would increase more slowly, near the 
     observed historical rates of growth for such collections.
     Intergovernmental and Private-Sector Impact
       S. 728 contains no intergovernmental or private-sector 
     mandates as defined in UMRA. Federal participation in water 
     resources projects and programs authorized by this bill would 
     benefit State, local, and tribal governments, and any costs 
     to those governments to comply with the conditions of this 
     Federal assistance would be incurred voluntarily. The bill 
     also would benefit those governments by authorizing 
     additional funds or reducing matching requirements for some 
     specific projects.
       Estimate Prepared By: Federal Costs: Julie Middleton, Lisa 
     Cash Driskill, Deborah Reis, and Mike Waters; Impact on 
     State, Local, and Tribal Governments: Marjorie Miller; Impact 
     on the Private Sector: Selena Caldera.
       Estimate Approved By: Peter H. Fontaine, Deputy Assistant 
     Director for Budget Analysis.

                          ____________________