Sen. Cramer, EPW Leaders Unveil Water Infrastructure Draft Legislation Containing Several North Dakota Priorities

Statement

U.S. Senator Kevin Cramer (R-ND), Chairman of the Senate Environment and Public Works (EPW) Subcommittee on Fisheries, Water, and Wildlife, issued the following statement on EPW Committee leaders unveiling America's Water Infrastructure Act of 2020 today:

"America's Water Infrastructure Act is bipartisan legislation with practical solutions which benefit North Dakotans and Americans across the country. It would create jobs, bolster interstate commerce, protect local communities' access to safe drinking water, and provide much-needed Congressional oversight and direction for the Army Corps of Engineers. I thank Chairman Barrasso and Ranking Member Carper for their leadership. This bill is an important step toward completing a comprehensive infrastructure package, and I urge my colleagues to pass it swiftly."

America's Water Infrastructure Act of 2020 includes approximately $17 billion in new federal authorizations. It would increase water storage, provide protection from floodwaters, deepen important ports, maintain the navigability of inland waterways, and repair aging wastewater and irrigation systems. This legislation contains several North Dakota priorities written by Senator Cramer, such as:

Snake Creek Embankment -- requiring the U.S. Army Corps of Engineers (USACE) to reassess its current Water Control Plan for the Snake Creek Embankment to account for irrigation and Eastern North Dakota water supplies.
Williston Levee Accreditation -- requiring the USACE to work with communities like Williston, which is seeking accreditation for a levee operated and maintained by the USACE.
Surplus Water Fees -- permanently prohibiting surplus water fees in Upper Missouri Mainstem Reservoirs. Previous water infrastructure bills extended this prohibition, and Senator Cramer's language would make it permanent.
Mouse River Flood Protection Plan -- authorizing the Mouse River project to provide future flood protection for residents throughout the Mouse River Basin in North Dakota. This provides substantial progress for Minot's flood control plan.
Terrestrial Noxious Weed Control Demonstration Program -- directing the USACE to partner with interested parties to identify and develop improved strategies to manage the reoccurring issue of noxious weeds, which can be harmful to public health, agriculture, recreation, wildlife, and overall property quality.
Water Infrastructure Finance and Innovation Act (WIFIA) -- reauthorizing the WIFIA program for 4 years at $50M per year. While visiting Bismarck in October last year, EPA Administrator Wheeler announced EPA's invitation for the Metro Flood Diversion Authority (MFDA) to apply for the third round of WIFIA funding for the diversion project in Fargo.
Rush River and Lower Rush River -- deauthorizing projects which have outlived their usefulness and are no longer needed for the purpose for which they were originally constructed. This includes the Rush River and Lower Rush River projects, which Cass County has asked to be deauthorized.
Subsurface Drain Systems Research and Development -- establishing a research and development project to better understand and offer a potential system for durable, corrugated and perforated polyethylene tile, designed to benefit farmers, coastal communities, and the public seeking cost-effect flood risk reduction measures.
Underserved, Economically Distressed or Rural USACE Projects -- creating a separate process for the USACE to prioritize projects effecting communities most in need.
Categorical Exclusions -- requiring the Secretary of the Army to identify and utilize all available categorical exclusions to expedite the completion of projects.
Clean Water State Revolving Fund (CWSRF) -- Nearly doubling the funding for the CWSRF through 2024. The CWSRF program is administered by North Dakota DEQ and North Dakota Public Finance Authority and provides low-interest financing for the development of water systems for communities, schools, parks and other projects. The current program is funded at $1.69B. This bill increases funding to $2B in 2022, $2.5B in 2023 and $3B in 2024.
Senator Cramer is continuing to work to include bipartisan legislation, supported by western states, requiring the USACE to follow Congressional intent by deferring to state water appropriation rights. Last year, the Senator led a bipartisan group of his colleagues and interested stakeholders to express deep concern over the USACE's proposed Water Supply Rule. While President Trump decided to repeal the rule, Senator Cramer and Jeff Merkley (D-OR) are now leading bipartisan language to permanently provide a solution to the USACE's flawed interference of western state water rights.

"It is unfortunate we could not reach a conclusion to this longstanding issue," said Senator Cramer. "While it was the right move for President Trump to withdraw the rule, the USACE needs to follow Congressional intent and respect states' water allocation rights. Western states should not be held hostage by unrelated water wars and special interests, and I will continue pushing for a solution."

The Senate EPW Committee also released the Drinking Water Infrastructure Act of 2020, which originated in Senator Cramer's Fisheries, Water, and Wildlife Subcommittee.

"The Drinking Water Infrastructure Act prioritizes rural, underserved areas who need help to safely and regularly access drinking water," said Senator Cramer. "It reauthorizes multiple drinking water programs important for North Dakota communities, especially those with small populations in rural areas, and I look forward to its passage."

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