CRS Report Released: Army Corps of Engineers Water Resource Projects: Authorization and Appropriations

The Congressional Research Service (CRS), the public policy research arm of Congress, recently issued the report Army Corps of Engineers Water Resource Projects: Authorization and Appropriations (May 6, 2013). The 21-page report authored by Nicole T. Carter and Charles V. Stern, discusses the following:

Summary

The U.S. Army Corps of Engineers undertakes activities to maintain navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. Congress directs the Corps through authorizations, appropriations, and oversight of its studies, construction projects, and other activities. This report summarizes congressional authorization and appropriations processes for the Corps. It also discusses agency activities under general authorities.

Authorization of Water Resources Activities. Congress generally authorizes Corps activities and provides policy direction in Water Resources Development Acts (WRDAs). The most recent WRDA was enacted in 2007 (P.L. 110-114). Pressure to authorize new projects and modify existing projects promotes fairly regular WRDA consideration. WRDAs historically have been omnibus bills including many provisions for site-specific activities; how to construct a WRDA bill that complies with House rules related to a moratorium on Member-requested earmarks complicated WRDA consideration in the 112th Congress. The 113th Congress began consideration of a WRDA with S. 601 in the Senate in March 2013. S. 601 would authorize Corps activities and modifications of existing authorizations that meet certain criteria; the bill includes numerous other provisions as it attempts to address issues with the duration and cost of Corps projects. The bill also would establish new procedures for using Harbor Maintenance Trust Fund monies, in an effort to expand spending above current levels.

Agency Appropriations. Federal funding for most Corps civil works activities is provided in annual Energy and Water Development appropriations acts or supplemental appropriations acts. At times these acts also have included Corps authorizations. In part because of competition for funds and because Corps authorizations outpace appropriations, many authorized activities have not received appropriations. There is a backlog of more than 1,000 authorized studies and construction projects. In recent years, few new studies and new construction activities have been in either the President’s budget request or enacted appropriations.

Standard Project Development. The standard process for a Corps project requires two separate congressional authorizations—one for investigation and one for construction—as well as appropriations. The investigation phase starts with Congress authorizing a study; if it is funded, the Corps conducts an initial reconnaissance study followed by a more detailed feasibility study. Congressional authorization for construction is based on the feasibility study. For most activities, Congress requires a nonfederal sponsor to share some portion of study and construction costs. These cost-sharing requirements vary by the type of project. For many project types (e.g., levees), nonfederal sponsors are responsible for operation and maintenance once construction is complete.

Other Corps Activities and Authorities. Although the project development process just described is standard, there are exceptions. Congress has granted the Corps some general authorities to undertake some studies, small projects, technical assistance, and emergency actions such as flood-fighting and repair of damaged levees. Additionally, the Corps conducts emergency response actions directed by the Federal Emergency Management Agency.

USGS Report Released: Geophysical and Hydrologic Analysis of an Earthen Dam Site in Southern Westchester County, New York

Recently, the U.S. Geological Survey (USGS) released a report titled Geophysical and Hydrologic Analysis of an Earthen Dam Site in Southern Westchester County, New York (USGS Sci. Investgn. Rep. 2012-5247). The 76-page report available here, authored by Anthony Chu et al., discusses the following:

Ninety percent of the drinking water for New York City passes through the Hillview Reservoir facility in the City of Yonkers, Westchester County, New York. In the past, several seeps located downslope from the reservoir have flowed out from the side of the steepest slope at the southern end of the earthen embankment. One seep that has been flowing continuously was discovered during an inspection of the embankment in 1999. Efforts were made in 2001 to locate the potential sources of the continuous flowing seep. In 2005, the U.S. Geological Survey, in cooperation with the New York City Department of Environmental Protection, began a cooperative study to investigate the relevant hydrogeologic framework to characterize the local groundwater-flow system and to determine possible sources of the seeps. The two agencies used hydrologic and surface geophysical techniques to assess the earthen embankment of the Hillview Reservoir. Between April 1, 2005 and March 1, 2008, water levels were measured manually each month at 46 wells surrounding the reservoir, and flow was measured monthly at three of the five seeps on the embankment. Water levels were measured hourly in the East Basin of the reservoir, at 24 of 46 wells, and discharge was measured hourly at two of the five seeps. Slug tests were performed at 16 wells to determine the hydraulic conductivity of the geologic material surrounding the screened zone. Estimated hydraulic conductivities for 25 wells on the southern embankment ranged from 0.0063 to 1.2 feet per day and averaged 0.17 foot per day. The two-dimensional resistivity surveys indicate a subsurface mound of electrically conductive material (low-resistivity zone) beneath the terrace area (top of dam) surrounding the reservoir with a distinct elevation increase closer to the crest. Two-dimensional shear wave velocity surveys indicate a similar structure of the high shear wave velocity materials (high-velocity zone), increasing in elevation toward the crest and decreasing toward the reservoir and toward the northern part of the study area. Water-quality samples collected from 12 wells, downtake chamber 1 of the reservoir, and two seeps detected the presence of arsenic, toluene, and two trihalomethanes. Water-quality samples collected at the two seeps detected fluoride, indicating a connection with reservoir water. Shallow wells on the southern embankment exhibited the largest seasonal water-level fluctuations ranging between 6 feet and 12 feet. The embankment is constructed from reworked low-permeability glacial deposits at the site. Water-level responses in observation wells within the embankment indicate that there is a shallow (approximately the upper 45 feet of the embankment) and a deep water-bearing unit within the embankment with a large downward vertical gradient between the shallow and deep water-bearing units. Precipitation strongly affected water levels in shallow wells, whereas the basin appears to be the main control on water levels in the deep wells. Seeps on the embankment slope appear to be caused by above-average precipitation that increases water levels in the shallow water-bearing unit, but does not easily recharge the deep water-bearing unit. Based on the data that have been analyzed, source water to the seeps appears to be primarily groundwater and, to a lesser extent, water from the East Basin of the reservoir.

Fact Sheet: Coal Combustion Residues (CCR) - Surface Impoundments with High Hazard Potential Ratings

This fact sheet by the Environmental Protection Agency list 44 coal slurry impounds that are highly susceptible to failure that could cause the loss of human life.

In response to an EPA information request on units handling wet or slurried CCRs, electric utilities have so far identified a total of 427 units managing slurried CCRs. Forty-four (44) of these units at 26 different locations have been assigned a high hazard potential rating, using the criteria developed by the National Dam Safety Program for the National Inventory of Dams. Hazard potential ratings are generally assigned by the State Dam Safety officials.

The National Inventory of Dams hazard potential ratings address the potential consequences of failure or misoperation of the dam. A high hazard potential rating indicates that a failure will probably cause loss of human life. The rating is not an indication of the structural integrity of the unit or the possibility that a failure will occur in the future; it merely allows dam safety and other officials to determine where significant damage or loss of life may occur if there is a structural failure of the unit. EPA’s assessment of the 26 facilities that have units with high hazard potential ratings continues to be an Agency priority. EPA has conducted on-site assessments, which are undergoing Agency review, at 11 of these facilities. The remaining 15 of these facilities have had state inspections within the past 12 months and EPA will be reviewing the reports from those inspections. EPA plans to make public the results of our assessments as soon as they are completed.