What changed between these versions
v2 is a complete substitute amendment that significantly expands the scope of the Water Resources Development Act. It introduces several new policy directives and studies across water resources development and environmental protection, including new sections for emerging harbors, specific project maintenance, and mandates new studies on clean water technical assistance and microplastics.
Overview
The bill undergoes extensive changes throughout, with numerous new sections added and several existing provisions modified. · v2 expands the scope of federal involvement in water resource development, environmental studies, and infrastructure programs, while also introducing new reporting requirements and specific project directives.
This bill is a complete substitute amendment, replacing the entirety of v1 with a new version that significantly expands federal involvement in water resource development and environmental protection. While maintaining many of the original provisions, v2 introduces several new policy directives, studies, and project authorizations. Key additions include new sections addressing emerging harbors, specific project maintenance and land conveyances, and mandates for new studies on clean water technical assistance and microplastics. The overall effect is a broader federal mandate in water infrastructure and environmental oversight.
Major additions
This new section directs the Secretary to prioritize the publication of implementation guidance for section 1129(2) of the Water Resources Development Act of 2024, which pertains to emerging harbors.
This addition aims to accelerate the operationalization of policies related to emerging harbors, potentially benefiting smaller ports and navigation interests by providing clarity and direction for future development and funding.
This section makes the Secretary responsible for maintaining the Curtis Creek branch channel of the Baltimore Harbor and Channels project to a specified depth (27 feet mean lower low water), provided certain conditions related to justification, environmental acceptability, and construction standards are met.
This provides specific federal commitment to maintaining a particular branch channel, which could ensure continued navigability and economic activity for users of that channel, contingent on the Secretary's determination of its benefits and compliance.
This section authorizes the Secretary to release certain use restrictions or obligations (e.g., on structures, fill material, road maintenance, reversionary interests) on approximately 123 acres of land on Plymouth Island, Washington, if these are not required for the John Day Dam project. It also allows the Secretary to accept funds from the Port of Kennewick or Confederated Tribes of the Umatilla Indian Reservation to cover administrative costs.
This could facilitate new development or alternative uses for the specified land by removing federal restrictions, potentially benefiting local entities like the Port of Kennewick and the Confederated Tribes of the Umatilla Indian Reservation.
This section mandates the Secretary to expedite documentation for a record of decision by February 15, 2028, concerning Nebraska's permit application for the Perkins County Canal diversion and related infrastructure.
This sets a firm deadline for a critical regulatory decision, potentially accelerating a significant water infrastructure project in Nebraska related to the South Platte River Compact.
This section directs the Secretary to determine that the Port of Nome, Alaska, provides national security benefits and to consider integral facilities and infrastructure as serving a federal interest in national security.
This explicitly recognizes the national security importance of the Port of Nome, which could influence future funding, development, and operational priorities for the port, enhancing its role in arctic access and defense.
This section requires the Comptroller General to conduct a comprehensive review of all EPA clean water technical assistance programs, including their scope, effectiveness, and coordination with other agencies, and to submit a report to Congress. The EPA Administrator must then submit a plan to comply with the report's recommendations.
This mandates a detailed oversight and evaluation of federal technical assistance for clean water infrastructure, aiming to improve efficiency, identify gaps, and better serve communities, especially economically distressed ones.
This new subsection specifies that funds for the implementation of the Mississippi Sound addition to the National Estuary Program cannot be used in fiscal year 2027, and in fiscal year 2028 unless the total program appropriation exceeds the 2026 level by at least $850,000.
This imposes a funding restriction and a hurdle for the immediate implementation of the newly added Mississippi Sound program, potentially delaying benefits to that region.
This section requires the Administrator to conduct a study on technologies for detecting, characterizing, capturing, and removing microplastics and nanoplastics from drinking water and wastewater, and to report the findings to Congress within 18 months.
This initiates federal research into a growing environmental concern, potentially leading to new technologies and strategies for addressing microplastic pollution in water systems.
Modifications
This change means that instead of merely expediting a study or report related to the hatchery's water supply, the Secretary is now directed to expedite the actual project or activities at the Cole Rivers Hatchery, potentially accelerating physical improvements or operational changes at the facility.
Before
In v1, Section 1202(d)(5) expedited a 'Water supply assessment, Cole Rivers Hatchery, Oregon.' as a document.
After
In v2, Section 1202(c)(15) expedites 'Cole Rivers Hatchery, Oregon.' as a project or activity.
This change primarily affects the organization and readability of the section, making the scope of the impact analysis clearer by applying it uniformly to all listed properties under a single general provision. It does not alter the specific properties or the nature of the required analysis.
Before
In v1, Section 1304 had two distinct subsections: (a) Federal Land and (b) Other Land, each with an introductory paragraph and a list of properties.
After
In v2, Section 1304 is restructured into a single introductory paragraph (a) In General, which applies to all properties, and a consolidated list of properties under (b) Properties Described. The substantive content of the properties and the requirement for an impact analysis remains the same.
This broadens the federal responsibility for addressing turbidity impacts in the Willamette River Basin, potentially providing greater protection and resources to downstream communities affected by operations at both Detroit and Green Peter Dams.
Before
In v1, the contingency plan was to address downstream impacts of turbidity from operations at 'Detroit Dam.'
After
In v2, the contingency plan is expanded to include turbidity impacts from operations at 'Detroit Dam and Green Peter Dam.'
This change extends the benefits and protections of the National Estuary Program to Mississippi Sound, Mississippi, allowing for the development of a comprehensive conservation and management plan and potential grant funding for restoration efforts in that region. However, Section 2304(b) imposes a funding restriction for FY27/28, temporarily delaying these benefits.
Before
In v1, Section 320(a)(2)(B) of the Federal Water Pollution Control Act listed 'Pensacola and Perdido Bays, Florida' as estuaries for which the Administrator could convene a management conference.
After
In v2, Section 320(a)(2)(B) is amended to include 'Mississippi Sound, Mississippi' in addition to the existing estuaries.
Scope
Complete substitute — The changes are scattered throughout both divisions of the bill, affecting studies, project modifications, and new program mandates in both water resources development and drinking/wastewater infrastructure. — v2 represents a meaningful expansion of federal directives and oversight, particularly in areas like emerging harbors, specific project maintenance, land conveyances, and new environmental studies (microplastics, clean water technical assistance). It also adds a new estuary to a federal program. — The new sections introduce new directives and studies that complement existing federal water resource management and environmental protection frameworks. The modification to the National Estuary Program directly expands an existing program's geographic scope, with a new subsection imposing specific funding conditions on this expansion.
Impact analysis
Smaller ports and navigation interests
Procedural benefit
v2 prioritizes the publication of implementation guidance for emerging harbors.
Communities around Curtis Creek branch channel, Baltimore Harbor, Maryland
Gain of federal maintenance responsibility
v2 makes the Secretary responsible for maintaining the channel to a specific depth.
Port of Kennewick and Confederated Tribes of the Umatilla Indian Reservation
Gain of flexibility in land use and potential for new development
v2 authorizes the Secretary to release certain land use restrictions on Plymouth Island, Washington.
State of Nebraska and stakeholders of the Perkins County Canal diversion project
Procedural acceleration
v2 sets a deadline for the Secretary to issue a record of decision for a permit application.
Stakeholders and users of the Port of Nome, Alaska
Gain of enhanced federal recognition and potential support
v2 directs the Secretary to recognize the port's national security benefits and consider associated facilities as serving a federal interest in national security.
Communities, especially economically distressed ones, receiving clean water technical assistance
Procedural improvement and potential for better service
v2 mandates a comprehensive GAO review of EPA's clean water technical assistance programs and requires the EPA to act on recommendations.
Downstream communities in the Willamette River Basin, Oregon
Gain of expanded federal protection and planning
v2 expands the contingency plan for turbidity impacts to include Green Peter Dam in addition to Detroit Dam.
Mississippi Sound, Mississippi, and its surrounding communities
Gain of program eligibility, with temporary funding restriction
v2 adds Mississippi Sound to the National Estuary Program, making it eligible for program benefits. However, it also imposes funding restrictions for FY27/28.
Public water systems and treatment works dealing with microplastic pollution
Gain of federal research and potential future technological solutions
v2 mandates a study on technologies for detecting and removing microplastics and nanoplastics from water.