WASHINGTON, D.C. — U.S. Sen. Jim Inhofe (R-Okla.), senior member of the Environment and Public Works (EPW) Committee and member of the Water Resources Reform and Development Act (WRRDA) Conference Committee, today praised the Senate's passage of the WRRDA Conference Report.          

“Today Congress put aside partisan differences and fulfilled their constitutional responsibility to maintain and modernize our nation's infrastructure," said Inhofe. "With this bill, the Senate and House have addressed the critical safety requirements and regulatory reforms that will benefit our nation's economy and Oklahoma for decades into the future. The bill will help to maintain Oklahoma's inland waterways as viable means of transportation and ensure the water requirements for our state's rural communities are met. I applaud my colleagues for working together on the final bill to reduce red tape and streamline the environmental review process that is plaguing our nation's infrastructure development and inhibiting economic output. While there is still work left to be done, passage of this legislation is the right step forward."

The Water Resources Reform and Development Act authorizes the construction of major navigation and flood risk management projects in a deficit neutral manner with no new direct spending. The bill provides the Army Corps of Engineers (Corps of Engineers) the flexibility to work with non-federal sponsors such as states and local communities on planning assistance, feasibility studies, and project construction. Included are provisions that require the Corps to meet deadlines and more expediently resolve all environmental reviews, including the Endangered Species Act. 

WRRDA passed the House of Representatives on May 20 by a vote of 412-4, and then passed the U.S. Senate today by a vote of 91-7. Inhofe worked to ensure the following provisions were included in the final Conference Report:

Expansion of the Port of Catoosa

Sec. 6005(c) would allow the Tulsa Port of Catoosa to exchange land currently owned by the Corps of Engineers with land owned by the Port Authority. The land exchange will allow Port operations to expand and attract industrial growth to the region.

Examination of Unfair Federal Water Pricing Practices

Communities across the country are exploring long-term water supply solutions for their citizens. Unfortunately, water storage supplied by the Corps of Engineers can be cost-prohibitive due to archaic water storage formulas that produce highly disparate water storage prices. After Inhofe successfully included sec. 2016 in the Senate bill, which would require a report from the Government Accountability Office (GAO) on water storage pricing formulas, the Chairman and Ranking Members of the EPW and T&I committees have agreed to send a letter to the GAO requesting a study to focus specifically on the discrepancy the City of Bartlesville, Okla. is currently facing as a result of the water storage pricing formulas. A report from GAO on water storage pricing formulas will allow Congress to address the issue.  

Currently, the City of Bartlesville pays $68 per acre/ft. for water on Lake Hulah. Proposals for purchasing water from nearby Lake Copan were quoted to be $1,997 per acre/ft.

Provides Water Infrastructure Financing to Rural Communities

During Markup and throughout the Conference, Sen. Inhofe worked with the EPW and T&I committees to authorize the Water Infrastructure Finance and Innovation Act (WIFIA) program. The WIFIA program is modeled after the Transportation Infrastructure Finance and Innovation Act (TIFIA) program included in the 2012 MAP-21 highway legislation and would allow for much needed financing for water infrastructure projects. Sen. Inhofe’s efforts would ensure small, rural municipalities can compete with larger metropolitan areas for WIFIA financing by lowering the cost threshold for qualified projects from $20 million to $5 million for communities with less than 25,000 residents. By creating a lower project cost threshold for smaller communities, this bill will provide financing to rehabilitate crumbling drinking and wastewater treatment facilities, improve storm water management, and enhance waterway infrastructure and storage facilities for rural communities.

"It's encouraging to see this bipartisan support for the WRRDA Conference report," said J.D. Strong, executive director of the Oklahoma Water Resources Board. “I hope that this spirit of cooperation signals swift passage of new WRRDA legislation, which includes much-needed support for America's vital rural infrastructure.”

Expands Local Control Over Project Development

In an effort to expedite projects, sec. 1014 authorizes a program whereby non-federal sponsors may conduct previously authorized feasibility studies on their own. Tulsa County would be able to compete in the program, which would allow them to conduct a feasibility study for the Arkansas River Corridor Development Project.

Exempts Small Farms and Ranches From EPA Regulations 

With sec. 1049, Inhofe secured a permanent exemption from the Environmental Protection Agency’s (EPA) Spill Prevention Control Countermeasure (SPCC) rule for farmers and ranchers. During floor consideration Inhofe championed an amendment that would exempt all tanks of 1,000 gallons or less from the rule, and farms with an aggregate tank storage capacity of 2,500 gallons or less would not have to comply with the rule.  Farms with tank storage capacities of between 2,500 gallons and 6,000 gallons would have a temporary exemption, pending a study by the U.S. Department of Agriculture and the EPA. The provision also greatly limits the instances when professional engineers must certify spill plans.

“As Ag producers struggle with narrow profit margins, ever changing markets, and the whims of Mother Nature, the new SPCC provisions are a bright light,” said Tom Buchanan, president of the Oklahoma Farm Bureau. “With the knowledge that exemptions exist for up to 6000 gallons of storage and complete exemptions for 1000 gallons or less, the ability to be confident about on farm storage is a reality. Ag producers are very thankful for the efforts of Sen. Jim Inhofe in rolling back out of control and burdensome regulations. The Senator has always been an advocate for Agriculture and understands how overreaching regulations negatively impact the modern producer and local economies.”

“The SPCC rule is yet another example of the EPA’s regulatory scheme threatening the economic viability of rural America and family farms and ranches,” said Bob McCan, president of the National Cattleman’s Beef Association and Victoria, Texas cattleman. “Cattlemen and women have been waiting too long for a permanent fix to the SPCC rule. Thanks to the efforts of Sen. Inhofe, this provision in the Water Resources Development Act will ease the burden of this rule across the nation for many farmers and ranchers.”

Removes Federal Red Tape on Local Water Use

Inhofe worked with members of the Conference Committee to addresses water shortfalls across the country like the cities of Duncan, Lawton, Comanche, Temple, Walters and Waurika are experiencing. Sec. 4012 authorizes the reassignment of unused irrigation storage on Waurika Lake to be used for various municipal purposes in the region.

"We appreciate the efforts of Sen. Inhofe and Rep. Mullin to address the water needs of the region," said Dave Taylor, district manager of the Waurika Lake Master Conservancy District. "We are in the fourth year of drought in the Southwest. The drought is approaching record levels and all sources of water are crucial. This legislation allows access to all of the water in Waurika Lake so it can be distributed to our six member cities."

Ensures Local Stakeholder Involvement on Important Waterway

Language in sec. 4004 would establish an advisory committee for the McClellan-Kerr Arkansas River Navigation System (MKARNS) to be made up of system stakeholders who will provide recommendations to the Corps of Engineers relating to efficiency, reliability, and availability of MKARNS.

Accelerates Emergency Construction on McClellan-Kerr Arkansas River Navigations System

Inhofe ensured the inclusion of section 1024 which would allow for non-federal sponsors of Corps of Engineers projects to contribute funding and services in-kind to the operations and maintenance of the project during an emergency or natural disaster. Doing so would expedite funding for significant projects since the sponsors will no longer need to wait on the federal government to grant additional emergency funding to the project.

"We commend Congress for the progress that has been made on the Water Resources Reform and Development Act," said Bob Portiss, port director at the Tulsa Port of Catoosa. "Language in the bill will help clarify that ports and stakeholders along our waterways will be able to interface directly with the Corps, supplying alternate funding resources, labor and equipment on a partnership basis during an emergency.  This bill is a positive step toward direct cooperation between these entities to ensure the continued viability of our nation's waterways."

"The pending approval of the Water Resources Reform and Development Act by both houses of Congress will be a great accomplishment and addresses important issues our waterways are facing," said Scott Robinson, port director at the Port of Muskogee. "Our ability to work with the Corps to make rapid decisions at the local and regional level to avert a crisis is imperative. Thank you to Senator Inhofe and Congressman Mullin for ensuring this important provision in the final bill."

Lifts Federal Prohibition on Locally Generated Power

Sec. 2011, successfully included by Inhofe, would allow the Cherokee Nation to construct, operate, and market a hydroelectric generating facility on the W.D. Mayo Lock and Dam on the Arkansas River.

“The Cherokee Nation is very thankful for Senator Inhofe’s leadership and work to include the W.D. Mayo Lock and Dam in the WRDA bill,” said  Bill John Baker, principle chief of the Cherokee Nation. “Because of his support, we can explore more options for renewable energy.  I personally worked with him and his staff on this issue, and I couldn’t be happier with the result.” 

Expedited Project Delivery and Accountability

The WRDA bill has a number of important environmental permitting streamlining provisions that will ensure that duplicative and onerous environmental reviews do not hold up projects indefinitely. Failing to make these reforms increases costs to the taxpayer and creates a chilling effect on the private sector’s willingness to invest in local communities and industries that rely on our nation’s inland waterway to transport goods and services to markets in the United States and around the world.

It also sets up a process for better coordination between the Corps of Engineers and other federal and non-federal participants in the project review process.  It expands the role for state and local agencies, sets up a comprehensive issue resolution process, and creates deadlines for when comments must be made on environmental documents. Additionally, it includes provisions to ensure that additional environmental reviews are completed within 180 days of the main environmental document. 

Expediting the Evaluation and Processing of Permits

Sec. 1006 would streamline the Corps of Engineers permitting process by extending opportunities for for-profit entities such as utilities, natural gas companies and other midstream natural gas firms to provide funds to the Corps to pay for the processing of their permit applications. This will allow for the nation’s infrastructure to keep pace with the energy production boom by ensuring the Corps has the resources needed to review permits and complete the necessary infrastructure projects.

“The Oklahoma Association of Electric Cooperatives applauds Senator Jim Inhofe and Congressman Markwayne Mullin for their leadership as conferees in successfully completing the Water Resources Reform Development Act of 2014 (WRRDA). We are particularly pleased with a provision that will allow electric cooperatives to enter into cost recovery agreements with the U.S. Army Corps of Engineers to provide a more transparent, timely, and predictable review of permit applications. This provision will further the efforts of electric cooperatives in Oklahoma to safely, reliably, and affordably serve our member owners”  said Chris Meyers, executive vice president and chief executive officer of the Oklahoma Association of Electric Cooperatives.

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