[Congressional Record (Bound Edition), Volume 152 (2006), Part 3]
[House]
[Pages 3468-3469]
[From the U.S. Government Publishing Office, www.gpo.gov]




         EXTENDING AUTHORITY TO EXPEDITE PROCESSING OF PERMITS

  Mr. BOUSTANY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4826) to extend through December 31, 2006, the authority of 
the Secretary of the Army to accept and expend funds contributed by 
non-Federal public entities to expedite the processing of permits.
  The Clerk read as follows:

                               H.R. 4826

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FUNDING TO PROCESS PERMITS.

       Section 214(c) of the Water Resources Development Act of 
     2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 117 Stat. 1836; 
     119 Stat. 2169) is amended by striking ``March 31, 2006'' and 
     inserting ``December 31, 2006''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Louisiana (Mr. Boustany) and the gentlewoman from Texas (Ms. Eddie 
Bernice Johnson) each will control 20 minutes.
  The Chair recognizes the gentleman from Louisiana.


                             General Leave

  Mr. BOUSTANY. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. BOUSTANY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 4826, to authorize an 
extension of the Army Corps of Engineers' section 214 program. Section 
214 of the Water Resources Development Act of 2000 allows the Army 
Corps of Engineers to accept and expend funds provided by non-Federal 
public entities to hire additional personnel to process regulatory 
permits.
  Mr. Speaker, H.R. 4826 is urgently needed since authority for this 
program expires on March 31 of this calendar year. If this program 
expires, the corps will have to fire some regulatory personnel, 
reducing its ability to process permits in a timely manner.
  The Committee on Transportation and Infrastructure has heard from 
Members on both sides of the aisle supporting this section 214 program. 
H.R. 4826 is nearly identical to section 2003 of the Water Resources 
Development Act of 2005, which passed the House on July 14, 2005 by a 
vote of 406-14.
  While the other body has not yet acted on the Water Resources 
Development Act this year, I am hopeful, in the wake of Hurricanes Rita 
and Katrina, they will move quickly to pass the bill providing for the 
water resources needs of the Nation. But because the authority for 
section 214 program is expiring, it is necessary to move this piece of 
legislation separately.
  I thank Representative Baird and our colleagues from the western 
United States for introducing this bill, and I urge all Members to vote 
in favor of H.R. 4826.
  Mr. Speaker, I reserve the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, before I begin, I would like to express my heartfelt 
condolences to my good friend and subcommittee chairman, Representative 
Jim Duncan, on the passing of his 89-year-old mother, Ms. Lois Swisher-
Duncan. I want Jimmy and his wife, Lynn, and the entire Duncan family 
to know that my thoughts and prayers are with them. It is my prayer 
that God brings peace to each of their respective hearts during the 
days ahead.
  Mr. Speaker, I support the passage of H.R. 4826. This bill extends 
through December 31, 2006, the authority of the Secretary of the Army 
to accept and expend the funds contributed by non-Federal public 
entities to process permits under the Clean Water Act and the Rivers 
and Harbor Act of 1899. This program is popular and well received, 
particularly in the northwest part of our country.
  I congratulate my committee colleague, Mr. Baird, for his attention 
to this issue and for securing today's consideration of this bill. I 
can think of no other Member who has served his local and regional 
issues with more enthusiasm and effectiveness.
  The language in H.R. 4826 is similar to language contained in H.R. 
2864, the Water Resources Development Act of 2005, which passed the 
House on July 14, 2005, by an overwhelming vote of 406-14. The 
difference between the language contained in this bill and that 
contained in the comprehensive Water Resources Development Act is that 
this provision only extends the program for 9 months. The water 
resources bill is a full 12 months longer, but 9 months is all the 
Senate would agree to. However, this bill should likewise receive 
strong support.
  Today's consideration of one section of the larger Water Resources 
Development Act should not be viewed as an indication that the larger 
bill will not be enacted this year. I remain optimistic that the other 
House of Congress will soon consider this vital legislation, 
particularly in light of the vital role of flood damage reduction, 
navigation, and storm damage reduction projects in protecting lives and 
property and enhancing economic well-being.
  The tragic events associated with Hurricane Katrina indicate how 
important our water infrastructure truly is. However, the Senate is not 
likely to

[[Page 3469]]

act on the broader legislation before the Secretary's authority to 
accept funds expires March 31, in just a little over 2 weeks from now. 
By providing this extension, the program can continue uninterrupted.
  Mr. Speaker, I urge support of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOUSTANY. Mr. Speaker, we have no further requests for time, and 
I reserve the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield such time as 
he may consume to the gentleman from Washington (Mr. Baird).
  Mr. BAIRD. Mr. Speaker, I thank the gentlewoman, and the gentleman 
from Louisiana as well, and want to begin by extending my condolences 
to Jimmy Duncan and his family at the loss of Congressman Duncan's 
mother.
  I rise today to support H.R. 4826, a bill to extend section 214 of 
the Water Resources Development Act of 2000 until December 31 of this 
year, 2006. This is a commonsense bill that will save jobs and continue 
to promote economic growth.
  Section 214 was enacted in WRDA 2000 to permit non-Federal public 
entities to contribute funds to the Army Corps of Engineers to help 
expedite the processing of corps permits. This provision has allowed 
municipalities and ports to move forward with vital infrastructure 
projects; and in doing so, these entities that are providing funding 
are given no partiality by the corps in their review of the projects. 
By funding additional staff to work on specific time-intensive permits, 
the staff in the corps' budget is freed up to work on the permit 
backlog.
  Let me give an example of this: the Army Corps' Seattle district has 
been utilizing this authority very well. They have seen their total 
average review time per project reduced from 804 days to just 69 days 
in the first 3 years of implementation. The city of Seattle alone 
estimates that for $114,000 spent, they have saved over $5 million.

                              {time}  1600

  This is particularly urgent as the Corps staff have volunteered to 
assist in Hurricane Katrina response efforts, as well as reconstruction 
and rebuilding efforts in Iraq and Afghanistan. The Seattle Corps alone 
has deployed a total of 233 civilian and military staff, or 
approximately 29 percent of their staff, to these areas, and that 
leaves a limited number of staff to handle the urgent needs of local 
areas.
  It is during times of emergency response that expedited processes 
such as 214 become particularly vital in continuing to support regional 
growth and economic need.
  Let me underscore a few points. Section 214 was extended last year 
unanimously as H.R. 3765 in both the House and the Senate, and is 
currently set to expire on March 31, 2006. That is the need we face 
today. An extension of the provision was also passed in the House WRDA 
bill in 2005, and a permanent extension is included in the other body's 
WRDA bill. Unfortunately, WRDA is not likely to pass both Chambers 
before March 31 when the provision expires, so we are seeking an 
essential short-term extension until the end of this year.
  This provision is absolutely vital to Corps activities. Although the 
authority exists for all regions, it has been utilized primarily in the 
Pacific Northwest by the ports of Seattle and Tacoma, the city of 
Seattle, the Port of Los Angeles, as well as the city of San Diego, and 
by public entities around Sacramento due to the huge backlog of Corps 
permits in those regions. In addition, it has been utilized by a number 
of ports in my home district along the Columbia River.
  In the Pacific Northwest, we have seen the backlog of permits with 
the listing of endangered species grow to over 1,000 permits in the 
last years, and the residual effects have been harmful to our region's 
economy, resulting in expensive and costly delays.
  Without extension of this authority, the Corps will need to make up 
the shortfall in funding the analysis of projects either through 
project delays or layoffs in Corps staff.
  I am pleased to have the support of this legislation of all of the 
House Members representing my home State of Washington, our friends and 
neighbors in Oregon and Idaho, as well as Members representing 
California. I want to join my colleagues in thanking Chairman Young and 
Ranking Member Oberstar, reiterate my gratitude toward Mr. Duncan and 
the gentlewoman, Ms. Eddie Bernice Johnson. I appreciate their 
leadership. I also want to acknowledge the outstanding work performed 
by the Pacific Northwest Waterways Association, and my own staff, Katie 
Stevens, on this issue.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield back the 
balance of my time.
  Mr. BOUSTANY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I also want to express my condolences to Chairman Duncan 
on the loss of his mother. I want to thank the ranking member on the 
subcommittee, the gentlewoman from Texas (Ms. Eddie Bernice Johnson), 
and I also want to thank my colleague from Washington State for 
introducing this very important piece of legislation and I urge its 
passage.
  Mr. OBERSTAR. Mr. Speaker, I am pleased to support H.R. 4826, a bill 
to extend authority of the Secretary of the Army to accept funds from 
non-Federal public entities for the consideration of permits under the 
Clean Water Act and the Rivers and Harbor Act of 1899.
  This language is modeled after language which the House approved last 
July as a part of H.R. 2864, the Water Resources Development Act of 
2005. While I remain optimistic that the Senate will soon act on its 
version of the Water Resources Development Act, the authority of the 
Secretary that this bill would extend expires on March 31. This bill 
will continue the program through the end of December, 2006.
  Mr. Speaker, I have been carefully monitoring the implementation of 
this authority. While it is very popular for those that have used it, I 
remain concerned that allowing a regulated entity to pay the costs of 
its regulator could affect the objectivity of that regulator.
  As a track record of implementation develops, the Committee on 
Transportation and Infrastructure will have an opportunity to review 
the implementation of this authority and ensure a fair and equitable 
process.
  I support the passage and quick enactment of this 9 month extension.
  Mr. BOUSTANY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Walden of Oregon). The question is on 
the motion offered by the gentleman from Louisiana (Mr. Boustany) that 
the House suspend the rules and pass the bill, H.R. 4826.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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