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Congress has enacted hundreds of federal laws affecting the nation's water resources and continues to address numerous water-related issues annually. From responding to natural disasters such as droughts and floods, to improving water resources and water quality infrastructure and protecting fish and wildlife, many congressional committees are involved in legislating, funding, and overseeing the water-related activities of numerous federal agencies. Nearly two centuries of such activity have resulted in a complex web of federal involvement in water resource management and use.
Congress addresses numerous issues related to the nation's water resources annually, and over time it has enacted hundreds of water-related federal laws. These laws—many of which are independent statutes—have been enacted at different points in the nation's history and during various economic climates. They were developed by multiple congressional committees with varying jurisdictions. Such committees are involved in legislating, funding, and overseeing the water-related activities of numerous federal agencies. These activities include responding to natural disasters such as droughts and floods, conducting oversight over federal water supply management, improving water resource and water quality infrastructure, and protecting fish and wildlife.
More than two centuries of federal water resource activity have resulted in a complex web of federal involvement in water resource development, management, protection, and use. As a result, Congress faces challenges related to overlap and gaps in federal water resource activities and in coordination and consistency among federal programs. Further, many federal authorities are discretionary or funded by discretionary appropriations. Consequently, there can be a significant difference between what federal agencies are authorized to do and what they are actually doing, and no one committee in Congress oversees this dichotomy.
Although the responsibility for development, management, protection, and allocation of the nation's water resources is spread among federal, state, local, tribal, and private interests, this report focuses on the complexity of federal activities related to water and the congressional committees that authorize and oversee these activities. The report covers multiple topic areastopics and individual water-related subtopics ranging from water supply and water quality infrastructure to fisheries management and water rights. The report is not exhaustive; instead, the authors have attempted to cover the major federal activities authorized by Congress that affect water resource development, management, protection, and use in the United States. Similarly, the analysis does not cover every aspect of House and Senate committee jurisdiction affecting water issues. Accordingly, it may be helpful to seekFor definitive evaluation of committee jurisdictions related to water, the views of the House and Senate Parliamentarian Offices for a more definitive evaluation of committee jurisdictions related to waterare official.
The report covers four general areas, or themes: (1) "Water Resources Development, Management, and Use"; (2) "Water Quality, Protection, and Restoration"; (3) "Water Rights and Allocation"; and (4) "Research and Planning." TheseThe sections addressing these themes are further divided into tables that list topic areas and individual water-related subtopics. For each subtopic, CRS has identified selected federal agencies and activities related to the topicsubtopic, authorities for such activities, and relevant House and Senate committee jurisdictions. The "Water Resources Development, Management, and Use" theme includes subtopics that relate to supply and reservoir development, drought and flood management, and hydropower and navigation. The "Water Quality, Protection, and Restoration" theme includes issues relating to water quality (e.g., water pollution and treatment, drinking water quality) and aquatic resources protection and management. The "Water Rights and Allocation" theme addresses water allocation and interstate compacts, river basin commissions, federal reserved water rights, and tribal water rights. The "Research and Planning" theme includes subtopics related to research and data collection, including water cycle and climate change research, and watershed planning, as specified in House and Senate rules. Appendixes address considerations in determining House and Senate committee jurisdictions and present the official language from House Rule X and Senate Rule XXV, respectively, aswhich are indicators of congressional jurisdiction over water resources. A glossary of House and Senate CommitteeThe report also includes a glossary of abbreviations and federal agency acronyms is also included.
In sum, thefor federal agencies and House and Senate committees.
The nine tables that make up the body of the documentthis report underscore the complexity of federal activities affecting water resource development, management, protection, and use in the United States. As apparent throughout these tables, numerous standing committees in the House and the Senate have jurisdiction over various components of federal water policy. The wide range of federal executive responsibilities for water resources reflects comparably complex congressional legislative responsibilities, which in turn reflect the multiple ways in which water laws affect social and economic activities and vice versa.
Congress addresses numerous water issues annually. FromIssues range from responding to natural disasters, such as droughts and floods, to improving the nation's water resource and water quality infrastructure, and protecting fish and wildlife, many different congressional committees, wildlife, and other aquatic resources. Many congressional committees address these issues and are involved in legislating, funding, and overseeing the water-related activities of numerous federal agencies. Nearly two centuries of such involvement in water resource project development, environmental and resource management activities, and responding to population shifts and changing societal desires have resulted in a complex web of federal activities related to water.
Although the responsibility for development, management, protection, and allocation of the nation's water resources is spread among federal, state, local, tribal, and private interests, this report focuses on the complexity of federal activities related to water. It is meant to serve as a guide to federal water-related activities, including the administering agency(iesMore than two centuries of such involvement have resulted in a complex web of federal activities related to water.2 As a result, Congress often faces challenges related to overlap and gaps in federal water resource activities and in coordination and consistency among federal programs. Further, many federal authorities are discretionary or funded by discretionary appropriations. Consequently, there can be a significant difference between what federal agencies are authorized to do and what they are doing, and no one committee in Congress oversees this dichotomy.
The responsibility for development, management, protection, and allocation of the nation's water resources is spread among federal, state, local, tribal, and private interests. Despite multiple calls for the coordination of federal water-related activities, observers seldom focus on the origins of laws and policies authorizing myriad federal activities. The purpose of this report is to provide insight into the congressional involvement in establishing, overseeing, and funding federal water-related activities. Thus, the report focuses on the complexity of federal activities related to water. It aims to serve as a guide to federal water-related activities, including the administering agency (or agencies), the primary or overarching authorities for such activities, and House and Senate committee jurisdictions. In most cases, the primary authorities listed are authorizing statutes and accompanying U.S. Code citations; in some casesinstances, constitutional or other authorities are provided. In providing this analysis, CRS
This analysis does not cover every aspect of federal water policy. Instead, the authors have attempted to coveraddress the major federal activities authorized by Congress that affect water resource development, management, protection, and use in the United States. Similarly, this analysis does not cover every aspect of House and Senate committee jurisdiction affecting water issues. Accordingly, it may be helpful to seekFor definitive evaluation of committee jurisdictions related to water, the views of the House and Senate Parliamentarian Offices for a more definitive evaluation of committee jurisdictions related to water. Furtherare official. Lastly, programs known to have expired and for which reauthorization legislation is pending aremay be noted; however, given the breadth of the report and constant executive and legislative branch activity, it is not possible to provide comprehensive status reports for all entries.
The federal government has been involved in water resources development since the earliest days of the nation. From congressionally directed improvements, first's creation. Congress first directed water resource improvements to facilitate navigation and later, then to reduce flood damages and expand irrigation in the West. For much of the 20th century, the federal government has beenwas called upon to assist and pay for a multitude of water resource development projects—large-scale dams such as Hoover and Grand Coulee, as well as navigation locks throughout the country's largest rivers. In recent decades, Congress has enacted legislation to regulate water quality; protect fish, wildlife, and threatened and endangered species; and facilitate water supply augmentationmanage floodplain development; conduct research; and facilitate water supply augmentation via support for water reclamation and reuse facilities and desalination. Congress maintains an active role in overseeing implementation of this legislation, as well as enacting new laws and appropriating funding for water resources activities.
Specific federal water laws have been enacted for the diverse purposes noted above. Development and implementation of these laws have requiredinvolved the action of numerous congressional committees and federal agencies. At the congressional level, this action has resulted in a set of diverse and sometimes overlapping committee jurisdictions dealing with various aspects of water policy and addressing the interests of differing constituencies. At the executive branch level, this interest and congressional direction havehas resulted in many agencies and organizations being involved in different but related and sometimes overlapping aspects of federal water policy. The activities identified in this report fall into the jurisdiction of numerous congressional standing committees (and generally exclude appropriations and other committees in the relevant chambers that deal with banking, taxes, and finance issues.) Similarly, the activities identified in this report are addressed in some form by many federal executive branch agencies.
CRS can provide additional information on all the issues addressed in this report.
The following tables describe federal water-related activities and programs in the United States, and identify the administeringprimary administering federal agency(ies), primary authorities,2 and 3 and examples of congressional committees of jurisdiction for each agency activity or program.34 The tables are arranged under broad areas, subtopics, and topic terms.
The four areas covered by the report are as follows:
Each themethematic area begins with a brief introduction and is followed by a table(s) of relevant agencies, activities and programs, and House and Senate committees of jurisdiction.45 Each table covers more focused areas of water issues—subtopics—based on agency function and the historical development of federal water programs. In organizing these tables, a series of topic terms was developed under which both members of the general public and those more familiar with water policy might categorize federal water-related activities. These topic terms were determined by the CRS analysts and legislative attorneys involved in developing the report.
The "Water Resources Development, Management, and Use" theme includes subtopics that relate to supply and reservoir development, drought and flood management, and hydropower, and navigation. The "Water Quality, Protection, and Restoration" theme includesaddresses issues relating to water quality and aquatic resources protection and management, including selected regional aquatic ecosystem restoration authorities. The "Water Rights and Allocation" theme addresses water allocation and interstate compacts, river basin commissions, federal reserved water rights, and tribal water rights. The "Research and Planning" theme includes subtopics related to research and data collection, includingsuch as water cycle and climate change research, water-related technologies, and watershed planning.
Significant overlaps occur both within and among the different categories. This analysis generally excludes marine/ or ocean issues, and international and boundary water issues, except for jointly managed dams at the U.S.-MexicoMexican border and Environmental Protection Agency (EPA) programs along the U.S.-MexicoMexican border. Additionally, Congress has established various economic development programs that include water supply and/or treatment projects among the categories of purposes eligible for federal assistance; however, this report, however, does not include those programs for which water-related activities are not the major focus. Also excluded are broad environmental remediation or waste management statutes, such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Solid Waste Disposal Act, or activities of the Federal Emergency Management Agency other than flood disaster assistance (such as the flood insurance program). Water activities affecting Indian tribes are also not uniformly addressed in the accompanying tables, but instead are covered where they are known to interact with broader federal agency water-related programs and activities, such as water supply development and water quality infrastructure. Because federal environmental laws, such as the Endangered Species Act5 and the National Environmental Policy Act,6 apply to all federal agencies, federal agency activities under those laws are not identified in this report.
Appendix A of the report discusses considerations in determining House and Senate committee jurisdictions and provides an example of the complexity in water topics and jurisdictional coverage. Appendix B and Appendix C present the official language from House Rule X and Senate Rule XXV, respectively, as indicators of congressional jurisdiction over water resources. Both the House and the Senate tables also address subcommittee jurisdiction, and the Senate table provides information on executive branch nominations handled by Senate committees. Appendix D provides a glossary of House and Senate Committee abbreviations, as well as a glossary of federal agency acronyms. Program acronyms are generally abbreviations for federal agencies and House and Senate committees. Program abbreviations generally are spelled out where they first occur in each table.
In sum, the nine tables that make up the body of the report define water based on the topic terms determined by CRS. These tables underscore the intricacy of the federal programs affecting water resource development, management, protection, and use in the United States. As apparent throughout the tables, numerous standing committees in the House and Senate have jurisdiction over various components of federal water policy; moreover, this figurecommittees listed here generally excludesexclude the extensive responsibilities of the appropriations committees in both chambers, and generally excludesas well as the direct and indirect activities of other committees in the relevant chambers that deal with banking, taxes, and finance issues.
Historically, the federal government played a large role in development of the nation's water resources—in particular constructing large water resource infrastructure projects (e.g., canals, locks, levees, and dams)—for navigation, flood damage reduction, and irrigation water supply in the West. Most of theThe largest federal dams typically serve multiple purposes, including those just notednoted above, as well as producing hydropower and providing water supplies for municipal and industrial uses. More recently, Congress has authorized activities and programs to augment water supplies via water conservation programs and, including groundwater recharge (aquifer storage and recovery), and water reclamation and reuse programs, (including desalination).
This section focuses on federal activities related to water resource development, management, and use and includes three tables:
Table 1 lists activities related to water supply and reservoir development and includes topic areas such as dams and dam safety; general water supply development; groundwater supply; irrigation assistance; rural water supply; water conservation; and water reclamation, reuse and desalination.
Table 2 lists activities related to drought and flood management and includes topic areas such as drought planning, mitigation, and response; emergency flood response; flood damage reduction; and flood mitigation.
Table 3 lists activities related to hydropower and navigation and includes topic areas such as federal hydropower development; nonfederal hydropower development; and navigation.
Department and Agencya |
Activities and |
Primary Authorities |
Committee Jurisdiction |
|||||||||||||||||
Dams |
||||||||||||||||||||
DOI: BOR |
BOR (or Reclamation) constructs, operates, and maintains dams principally for irrigation. Major projects also serve flood damage reduction, navigation, municipal and industrial supply, and recreation purposes. Projects typically are constructed with up-front funding by BOR with allocated construction costs repaid per repayment or water service contracts. |
Reclamation Act of 1902, §2, as amended (32 Stat. 388, 43 U.S.C. |
|
DOI
|
The Secretary of the Interior may enter into agreements for the design, study, and construction or expansion of any federally owned storage project on a 50% cost-share basis and may participate in state-led storage projects on a 25% federal cost-share basis. Projects must be determined feasible before January 1, 2021.
|
House NRSenate NR
Water Infrastructure Improvements for the Nation Act, §4007 of P.L. 114-322 (code citation not available) |
||||||||||||||
DOD: USACE |
USACE constructs, operates, and maintains single and |
Rivers and Harbors Acts (multiple statutes)
|
DOD: USACE
|
USACE prescribes water control plans for flood control and navigation of certain non-Corps reservoir projects constructed or operated by other federal agencies, nonfederal, or private agencies. Flood Control Act of 1944 (58 Stat 890, 33 U.S.C. 709); §4(e) and §10 of Federal Power Act; §9 of P.L. 83-436 (68 Stat. 303) for the Alabama-Coosa River |
House T&I |
|||||||||||||||
USDA: NRCS |
Watershed and Flood Prevention Operations (also known as P.L.-566 and the Small Watershed Program) |
Watershed Protection and Flood Prevention Act of 1954, P.L. 83-566, as amended (16 U.S.C. 1000 et |
House Ag |
|||||||||||||||||
USDA: NRCS |
Small Watershed Rehabilitation Program |
Grain Standards and Warehouse Improvement Act of 2000 as §14 Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1012) |
House Ag |
|||||||||||||||||
State: IBWC |
Two international dams operated and managed jointly by the U.S. and Mexican Governments through the U.S. and Mexico sections of the IBWC provide water storage and flood damage reduction benefits. |
Rio Grande, Colorado and Tijuana Treaty of 1944, ratified by the Senate on April 18, 1945 |
House FA |
|||||||||||||||||
Dam Safety |
||||||||||||||||||||
DOI: BOR |
Safety Evaluation of Existing Dams (SEED) |
Reclamation Safety of Dams Act, P.L. 95-578, as amended (43 U.S.C. 506 et seq.) |
House NR |
|||||||||||||||||
DOI: BOR |
Safety of Dams Program (SOD) |
Reclamation Safety of Dams Act, P.L. 95-578, as amended (43 U.S.C. 506 et seq.) |
House NR |
|||||||||||||||||
DOD: USACE |
Dam Safety Program- conducts inspections of USACE dams, provides technical & management assistance, maintains a national inventory of federal and nonfederal dams. | National Dam Inspection Act, P.L. 92-367, as amended (33 U.S.C. 467 et seq.)
|
House T&ISenate EPW
National Dam Inspection Act, P.L. 92-367, as amended (33 U.S.C. 467d)
|
DOD: USACE
|
USACE may provide federal funding for the repair of flood damage at dams participating in its Rehabilitation and Inspection Program (RIP). USACE repairs flood damage at Corps-owned dams.
|
House T&ISenate EPW
Flood Control and Coastal Emergency Act, P.L. 84-99, as amended (33 U.S.C. 701n); individual project authorizations which may be in Rivers and Harbors Acts (multiple statutes); Flood Control Acts (multiple statutes); Water Resources Development Acts or similar legislation
|
DOD: USACE
|
USACE conducts inspections of dams that it owns, as well as Corps-constructed, non-federally operated dams and nonfederal dams at which federal funding was used to provide for flood storage. USACE may conduct safety inspections of nonfederal dams after a flood and provide other technical assistance as part of its emergency response work.
|
House T&ISenate EPW
National Dam Inspection Act, P.L. 92-367, as amended (33 U.S.C. 467f); Flood Control and Coastal Emergency Act, P.L. 84-99, as amended (33 U.S.C. 701n)
|
DOD: USACE
|
USACE undertakes dam modification for the purpose of dam safety at Corps-owned dams; the work may be cost shared with nonfederal project sponsors. Water Resources Development Act of 1986, P.L. 99-662, as amended (33 U.S.C. 467n); individual project authorizations, which may be in Rivers and Harbors Acts (multiple statutes); Flood Control Acts (multiple statutes); Water Resources Development Acts or similar legislation |
House T&I |
||||||||
DHS: FEMA |
National Dam Safety Program | National Dam Inspection Act, P.L. 92-367, as amended (33 U.S.C. 467f) National Dam Inspection Act, P.L. 92-367, as amended (33 U.S.C. 467f); Water Infrastructure Improvements for the Nation Act, P.L. 114-322, §5006 (code citation not available) |
House T&I |
|||||||||||||||||
DHS: FEMA |
Interagency Committee on Dam Safety National Dam Safety Review Board—an advisory board to monitor the safety of the nation's dams and to provide advice to the Administrator on dam safety policy. |
National Dam Inspection Act, P.L. 92-367, as amended (33 U.S.C. 467e and 467f) |
House T&I |
|||||||||||||||||
DOE: FERC |
Dam Safety Program Owners Dam Safety Program |
Federal Power Act (16 U.S.C. 803 (c)) |
House E&C |
|||||||||||||||||
DOI: USGS |
USGS exchanges scientific information with other agencies involved in dam safety. This includes data gathered under |
The Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506 et seq.) |
House NR |
|||||||||||||||||
DOI: BIA |
The Secretary of the Interior is to classify the condition of dams on Indian lands, establish a dam safety maintenance and repair program within BIA, and rehabilitate dams identified as posing a threat. |
Indian Dam Safety Act of August 23, 1994 (25 U.S.C. 3801 note) |
House NR |
|||||||||||||||||
Water Supply Development (Municipal, Industrial, Agricultural) |
||||||||||||||||||||
DOI: BOR |
General and project-specific authorities to construct, operate, and maintain dams principally for irrigation supply on a reimbursable basis (based on ability to pay and without interest). Many projects also provide water for municipal and industrial uses (M&I supply). M&I costs are reimbursable, with interest. |
DOI: BIA The Secretary of the Interior is required to establish a program and funding for repair at BIA-owned dams. Water Infrastructure Improvements for the Nation Act, P.L. 114-322, Title III, §A (code citation not available) (See also entries under Drought Planning, Mitigation and Response) DOI: BOR General and project-specific authorities to construct, operate, and maintain dams principally for irrigation supply on a reimbursable basis (based on ability to pay and without interest). Many projects also provide water for municipal and industrial uses (M&I supply). M&I costs are reimbursable, with interest. May also participate in other federally owned and state-led surface and groundwater storage projects under 50% and 25% cost shares, respectively. |
House NR |
|||||||||||||||||
DOI: BOR |
BOR is directed to undertake a water reclamation and reuse program to augment local water supplies, including groundwater reclamation and recharge. More than 50 projects have been authorized for construction by Congress. |
Reclamation Wastewater and Groundwater Study and Facilities Act, as amended, Title XVI of P.L. 102-575 (43 U.S.C. 390h) |
House NR |
|||||||||||||||||
DOI: BOR |
BOR is authorized to | Rural Water Supply Act of 2006, P.L. 109-451 (43 U.S.C. 2401 et seq.) Multiple tribe- or site-specific water rights settlement acts since the 1970s |
House NR |
|||||||||||||||||
HHS: IHS |
Sanitation Facilities Construction Program |
The Indian Sanitation Facilities Act, as amended, P.L. 86-121 (42 U.S.C. §§ |
House E&C |
|||||||||||||||||
DOD: USACE |
Authorities include the reimbursable inclusion of M&I water storage in multi-purpose reservoirs; and the temporary sale of surplus water for municipal and industrial use. |
Water Supply Act of 1958 (43 U.S.C. 390b), and the Flood Control Act of 1944 (33 U.S.C. 708) |
House T&I |
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DOD: USACE |
USACE is authorized to provide emergency supplies of clean water to localities in response to supply contamination threatening public health and welfare. |
Flood Control and Coastal Emergency Act |
House T&I |
|||||||||||||||||
DOD: USACE |
|
Flood Control Act of 1944 (43 U.S.C. 390); Water Resources Development Act of 1986, P.L. 99-662 (43 U.S.C. 390) |
House T&I |
|||||||||||||||||
DOD: USACE |
USACE may study and implement water conservation measures in states with a drought emergency declared in the past year, including stormwater capture, releases for aquifer recharge, releases to augment water storage at another storage facility, and other measure to enhance usage of USACE projects for water supply.d
Water Infrastructure Improvements for the Nation Act, P.L. 114-322, §1116 (code citation not available) |
House T&ISenate EPW
Groundwater SupplyGroundwater Supplyc |
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DOI: BOR |
BOR is authorized to study, plan, and assist in construction of reclamation wastewater and reuse projects to augment local area water supplies, including groundwater reclamation and recharge. BOR may also participate in groundwater banking. |
Reclamation Wastewater and Groundwater Study and Facilities Act, as amended, Title XVI of P.L. 102-575 (43 U.S.C. 390h); and site-specific authorities |
House NR |
|||||||||||||||||
Other Irrigation Assistanced |
||||||||||||||||||||
USDA: ARS, ERS, NASS, NIFA, NRCS |
Several USDA programs directly or indirectly support irrigated agriculture; however, these programs generally are part of larger bureau or agency assistance functions, such as conducting land and crop surveys, |
Census of Agriculture Act of 1997, as amended (7 U.S.C. 2204g); Food and Agriculture Act of 1977, as amended (7 U.S.C. 3103 et seq.); Department of Agriculture Reorganization Act of 1994, as amended (7 U.S.C. 6971 et seq.); and Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590a et seq.) |
House Ag |
|||||||||||||||||
DOI: BIA, BOR |
BIA manages and operates numerous irrigation projects on tribal reservation lands. After 1907, many of these facilities were built by BOR. Congress has also approved numerous Indian water rights settlement acts since the 1970s ( |
Reclamation Project Act of 1908, Stat. 70; Snyder Act of 1921 (25 U.S.C. 13); tribe- or site-specific water rights settlement acts |
House NR |
|||||||||||||||||
Rural and Other Water Supply Programs |
||||||||||||||||||||
DOI: BOR |
BOR is authorized to provide a clean, safe, affordable, and reliable water supply to rural residents in Reclamation states. |
Rural Water Supply Act of 2006, P.L. 109-451 (43 U.S.C. 2401 et seq.) |
House NR |
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Water Conservation |
||||||||||||||||||||
EPA |
USDA: RUS Rural Water and Waste Disposal Grants and Loans—provides grants and direct and guaranteed loans for rural water systems in communities with populations of 10,000 or less. Consolidated Farm and Rural Development Act, as amended, §306 (7 U.S.C. 1926 et seq.) USDA: RUS Individual Water and Wastewater Grants—provides grants to connect service lines, pay utility hook-up fees, and install related plumbing for households in recognized colonias (located in AZ, CA, NM, and TX only). Consolidated Farm and Rural Development Act, as amended, §306C (7 U.S.C. 1926c) USDA: RUS Grants for Rural and Native Alaskan Villages—provides funding for water and waste disposal systems for remote Alaskan Villages. Consolidated Farm and Rural Development Act, as amended, §306D (7 U.S.C. 1926d) USDA: RUS Household Water Well System Grants—provides funding for nonprofit organizations to finance the construction and refurbishing of household water well systems in rural areas for individuals with low or moderate incomes. Consolidated Farm and Rural Development Act, as amended, §306E (7 U.S.C. 1926e) EPA Clean Water State Revolving Fund Program (CWSRF)—EPA provides grants to capitalize state Clean Water State Revolving Funds (CWSRFs), which states use to make loans to local communities for wastewater projects. As a condition of receiving CWSRF assistance, recipients must select projects that, to the maximum extent practicable, maximize potential for efficient water use, reuse, recapture, conservation, and energy conservation. Clean Water Act, as amended, §602 (33 U.S.C. 1382) EPA |
Clean Water Act, as amended (33 U.S.C. 1251 et seq.) (EPA initiative launched in 2006 using broad authorities under the Clean Water Act) |
House T&I |
|||||||||||||||||
DOI: BOR |
Water Conservation Field Services Program |
Reclamation Act of 1902, as amended (43 U.S.C. 371 et seq.); Reclamation Reform Act of 1982, P.L. 97-293 (43 U.S.C. 390jj) |
House NR |
|||||||||||||||||
DOI: BOR |
WaterSMART Program |
Reclamation Act of 1902, as amended (43 U.S.C. 371 et seq.); SECURE Water Act (Subtitle F, Title IX of the Omnibus Public Land Management Act of 2009, P.L. 111-11 (42 U.S.C. 10364)) |
House NR |
|||||||||||||||||
DOE: Office of Energy Efficiency and Renewable Energy; FTC |
DOE administers and regulates water efficiency standards for plumbing fixtures specified by the Energy Policy Act. FTC is required to promulgate labeling rules for the plumbing fixtures and products covered by the act. |
Energy Policy and Conservation Act, as amended by the Energy Policy Act of 1992, §123 (42 U.S.C. 6262, 6295) |
House E&C |
|||||||||||||||||
DOD: USACE |
The Secretary of the Army is authorized to conduct evaluations of stormwater capture, groundwater replenishment and recovery, and other conservation measures to enhance USACE project water supply and to approve and fund such projects in states where there has been a drought emergency. |
Water Infrastructure Improvements for the Nation Act, §1116 (P.L. 114-322) (code citation not available) |
House T&ISenate EPW
USDA: NRCS |
Environmental Quality Incentives Program (EQIP) |
Federal Agriculture Improvement and Reform Act of 1996, as §1240-§ |
House Ag |
||||||||||||||
USDA: NRCS |
|
Food, Conservation, and Energy Act of 2008 as § |
House Ag |
|||||||||||||||||
USDA: NRCS |
Regional Conservation |
|
House Ag |
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USDA: NRCS, RMA, AMS |
Agricultural Management Assistance (AMA) Program |
Agricultural Risk Protection Act of 2000 as §524(b) of the Federal Crop Insurance Act, as amended (7 U.S.C. 1524(b)) |
House Ag |
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USDA: NRCS |
|
Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590a et seq.) |
House Ag |
|||||||||||||||||
Water Reclamation and Reuse (Including Desalination) |
||||||||||||||||||||
EPA |
EPA |
Clean Water Act, as amended, §104, §602 (33 U.S.C. 1251 et seq.)Safe Drinking Water Act, as amended, §1452 (42 U.S.C. 33j-12)
House T&ISenate EPW
EPA; DOD: USACE The EPA Administrator and the Secretary of the Army may provide financial assistance for pilot projects for desalination, water recycling, aquifer recharge, and "other alternative water supplies to reduce aquifer depletion." Water Infrastructure Finance and Innovation Act of 2014, as amended, §5023 (33 U.S.C. 3902) |
House T&I |
|||||||||||||||||
DOI: BOR |
BOR is directed to undertake a water reclamation and reuse program to augment local water supplies, including groundwater reclamation and recharge. More than 50 projects have been authorized under site-specific legislation; however, 2016 amendments to Title XVI of P.L. 102-575 authorize the Secretary of the Interior to receive project proposals and direct the Secretary to establish a competitive grant program for planning, design, and construction of feasible projects. |
Reclamation Wastewater and Groundwater Study and Facilities Act, as amended, Title XVI of P.L. 102-575 (43 U.S.C. 390h), and Water Infrastructure Improvements for the Nation Act, §4009(c) of P.L. 114-322 (code citation not available) amending Title XVI |
House NR |
|||||||||||||||||
DOI: BOR |
Desalination and Water Purification Program |
Water Desalination Act of 1996, as amended, P.L. 104-298; and §204 of P.L. 112-74 (42 U.S.C. 10301) |
House NR |
Source: Prepared by the Congressional Research Service.
Notes: a.
b.
b. Public law numbers have been included in some cases and not others. In general, public law numbers are not included for older laws (pre-1970) or for statutes with multiple laws bearing the same name. They have been included in other cases at the discretion of the contributor, in particular where seeing a particular provision in context of the broader law may be helpful to the reader.
c. Committees are listed alphabetically by chamber. For more information regarding committee jurisdiction and referral rules, see Appendix A. Appendix B and Appendix C present the official language from House Rule X and Senate Rule XXV, respectively, as indicators of congressional jurisdiction over water resources.
c. For a definitive evaluation of committee jurisdictions related to water, the views of the House and Senate Parliamentarian Offices are official.
d. See also "Research and Planning."". In general, the federal government is not involved in ground watergroundwater supply development but assists states and localities with data collection and monitoring.
d. Authority to receive mandatory funding expires September 30, 2014, subject to reauthorization. For more information, see CRS Report R42442, Possible Extension or Expiration of the 2008 Farm Bill, by [author name scrubbed], [author name scrubbed], and [author name scrubbed].
Department and Agencya |
Activities and |
Primary Authorities b |
Committee Jurisdiction |
|||||||||||
Drought Planning, Mitigation, and Responsed
|
||||||||||||||
DOD: USACE |
USACE may allow temporary water withdrawal from |
Flood Control Act of 1944, as amended (33 U.S.C. 708) |
House T&I |
|||||||||||
DOD: USACE |
Construction of wells for and transport of water to drought-distressed farmers, ranchers, and political subdivisions. Non-transport costs are nonfederal. |
Disaster Relief Act of 1974 (33 U.S.C. 701n) |
House T&I |
|||||||||||
DHS: FEMA |
FEMA may provide grants for hazard mitigation. The tribal, state, and local hazard-mitigation plans that are required for entities to receive hazard-mitigation grant assistance may include considerations for future drought conditions. |
Robert T. Stafford Disaster Relief and Emergency Assistance Act, §322 (42 U.S.C. 5165) |
House T&ISenate HSGAC
DOI: BOR |
BOR may temporarily construct, manage, and finance water and conservation facilities. It may also facilitate water purchases, transfers, and contingency plans. BOR is authorized to provide permanent well construction. |
Reclamation States Emergency Drought Relief Act of 1991, as amended (43 U.S.C. 2201) |
House NR |
||||||||
DOI: BOR |
|
Reclamation States Emergency Drought Relief Act of 1991, as amended (43 U.S.C. 2212) |
House NR |
|||||||||||
DOI: BOR |
Emergency fund established to assure continuous operation of Reclamation facilities. Also, other site or drought specific authority. |
Act of June 26, 1948, as amended (43 U.S.C. 502) |
|
EPA
|
EPA is authorized to provide loan and loan guarantees to eligible entities for projects that prevent, reduce, or mitigate the effects of drought.
|
House T&ISenate EPW
Water Infrastructure Finance and Innovation Act of 2014, §3905(7), §5023(b)(2), as amended |
||||||||
USDA: RMA |
Federal Crop Insurance Program |
Federal Crop Insurance Act, as amended (7 U.S.C. 1501 et seq.) |
House Ag |
|||||||||||
USDA: FSA |
Noninsured Assistance Payments (NAP) |
Federal |
House Ag |
|||||||||||
USDA: FSA |
Emergency Loans |
Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1961 et seq.) |
House Ag |
|||||||||||
USDA: FSA |
Supplemental Revenue Assistance Program (SURE)- helps cover part of the deductible for crop insurance for damaged caused by adverse weather that occurred on or after Jan. 1, 2008, and before October 1, 2011. Farmers are ineligible if they do not have crop insurance.d | Agricultural Act of 2014 (7 U.S.C. 9081) USDA: FSA Tree Assistance Program (TAP)—provides financial assistance to qualifying nursery tree growers and orchardists to replant or rehabilitate eligible trees, bushes, and vines damaged by natural disasters, including drought. |
House Ag |
|||||||||||
USDA: FSA |
Livestock Forage Program- provides financial assistance to producers who suffered grazing losses due to drought or fire on or after January 1, 2008, and before October 1, 2011.d |
|
House Ag |
|||||||||||
USDA: FSA |
|
|
House Ag |
|||||||||||
USDA: FSA |
Tree Assistance Program (TAP)- provides financial assistance to qualifying nursery tree growers and orchardists to replant or rehabilitate eligible trees, bushes and vines damaged by natural disasters, including floods, occurring on or after Jan. 1, 2008, and before Oct. 1, 2011.d |
Food, Conservation, and Energy Act of 2008, as §407 of the Agricultural Credit Act of 1978, as amended (16 |
House Ag |
|||||||||||
USDA:
|
Rural Water and Waste Disposal Grants and Loans—provides grants and direct and guaranteed loans for rural community water systems in communities with populations of 10,000 or less. This is a broad program not focused on drought or emergencies; however, systems affected by drought may receive priority.
|
Consolidated Farm and Rural Development Act, as amended, §306 (7 U.S.C. 1926 et seq.) House Ag |
Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish- provides emergency relief for damaged caused by adverse weather that occurred on or after Jan. 1, 2008, and before October 1, 2011 to producers of livestock, honey bees, and farm-raised fish that are not covered under any other program.d |
Food, Conservation, and Energy Act of 2008, as amended (7 U.S.C. 1531) |
|
|||||||||
USDA: |
Emergency |
|
House Ag |
|||||||||||
USDA:
|
Household Water Well System Grants—provides funding for nonprofit organizations to finance the construction and refurbishing of household water well systems in rural areas for individuals with low or moderate incomes.
|
Consolidated Farm and Rural Development Act, as amended, §306E (7 U.S.C. 1926e) House Ag |
Emergency Forest Restoration Program (EFRP)- provides payments to eligible owners of nonindustrial private forest (NIPF) land in order to carry out emergency measures to restore land damaged by a natural disaster, including drought. |
Food, Conservation, and Energy Act of 2008, as §407 of the Agricultural Credit Act of 1978, as amended (16 U.S.C. 2206) |
| |||||||||
Emergency Flood Response |
||||||||||||||
DOD: USACE |
Flood fighting assistance, and Rehabilitation and Inspection Program for repairs of damage at eligible levees and dams, also called P.L. 84-99. |
Flood Control Act of 1944 (33 U.S.C. 701n) |
House T&I |
|||||||||||
DOI: BOR |
BOR is authorized to use money from its emergency fund to finance costs associated with a host of emergencies, including floods. |
Act of June 26, 1948 (43 U.S.C. 502); Disaster Relief Act of 1974 (42 U.S.C. 5171) |
House NR |
|||||||||||
DHS: FEMA |
FEMA is delegated broad authorities of the President to provide essential assistance following declared major disasters and emergencies, to include floods. |
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) |
House T&I Senate HSGAC |
USDA: NRCS |
Emergency Watershed Protection (EWP) Program |
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2203 |
House Ag |
|||||||
USDA: FSA |
Noninsured Assistance Payments (NAP) |
Federal |
House Ag |
|||||||||||
USDA: FSA |
Emergency Loans |
Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1961 et seq.) |
House Ag |
|||||||||||
USDA: RMA |
Federal Crop Insurance Program |
Federal Crop Insurance Act, as amended (7 U.S.C. 1501 et seq.) |
House Ag |
|||||||||||
USDA: FSA |
Supplemental Revenue Assistance Program (SURE)- helps cover part of the deductible for crop insurance for damaged caused by adverse weather that occurred on or after January 1, 2008, and before October 1, 2011. Farmers are ineligible if they do not have crop insurance.d |
Food, Conservation, and Energy Act of 2008, as amended (7 U.S.C. 1531) |
| |||||||||||
USDA: FSA |
Livestock Forage Program- provides financial assistance to producers who suffered grazing losses due to drought or fire on or after January 1, 2008, and before October 1, 2011.d |
Food, Conservation, and Energy Act of 2008, as amended (7 U.S.C. 1531) |
| |||||||||||
USDA: FSA |
|
|
House Ag |
|||||||||||
USDA: FSA |
Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish |
|
House Ag |
|||||||||||
USDA: FSA |
Tree Assistance Program (TAP) |
|
House Ag |
|||||||||||
USDA: FSA |
Emergency Conservation Program (ECP) |
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2201-2205) |
House Ag |
|||||||||||
USDA: FSA |
Emergency Forest Restoration Program (EFRP) |
Food, Conservation, and Energy Act of 2008, as §407 of the Agricultural Credit Act of 1978, as amended (16 U.S.C. 2206) |
House Ag |
|||||||||||
Flood Damage Reduction |
||||||||||||||
DOD: USACE |
Cost-shared construction of riverine and coastal flood damage reduction projects (e.g., levees, dams, and coastal dunes and barriers). |
Flood Control Act of 1936 |
House T&I |
|||||||||||
DOI: BOR |
Flood damage reduction provided through multi-purpose dams at full federal cost. |
Reclamation Project Act of 1939 (43 U.S.C. 485h(b)) and numerous site-specific authorities |
House NR |
|||||||||||
State: IBWC |
Authorized to construct levees and dams along the U.S.-Mexico border. |
Rio Grande, Colorado and Tijuana Treaty of 1944 |
House NR |
|||||||||||
USDA: NRCS |
Watershed and Flood Prevention Operations (also known as P.L.-566 and the Small Watershed Program) |
Watershed Protection and Flood Prevention Act of 1954, as amended (16 U.S.C. 1000 et. seq. and 33 U.S.C. 701b-1) |
House Ag |
|||||||||||
USDA: NRCS |
USDA may undertake flood prevention and related purposes in 11 specified projects (also known as P.L.-534 projects). The projects are similar to those under the Watershed and Flood Prevention Operations (see above) only much larger. |
Flood Control Act of 1944, as amended (16 U.S.C. 1000 et seq. |
House Ag |
|||||||||||
Flood Mitigation |
||||||||||||||
DHS: FEMA |
Robert T. Stafford Disaster Relief and Emergency Assistance Act, §203 (42 U.S.C. 5133 et seq.) DHS: FEMA |
Robert T. Stafford Disaster Relief and Emergency Assistance Act, §404 (42 U.S.C. |
|
DHS: FEMA
|
The National Flood Insurance Program (NFIP) provides primary flood insurance for residential and nonresidential properties across the nation.
|
House FSSenate Banking
National Flood Insurance Act of 1968, as amended (42 U.S.C. 40001 et seq.)
|
DHS: FEMA
|
The NFIP requires participating communities to adopt floodplain management standards that mitigate flood risk and community losses across the nation.
|
House FSSenate Banking
National Flood Insurance Act of 1968, §1361, as amended (42 U.S.C. 4102)
|
DHS: FEMA
|
Flood Mitigation Assistance (FMA) grant program provides competitive funding to reduce flood risk and financial exposure of the NFIP.
|
House FSSenate Banking
National Flood Insurance Act of 1968, §1366, as amended (42 U.S.C. 4104c) |
||
USDA: NRCS |
Emergency Watershed Protection (EWP) Program |
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2203 |
House Ag |
Source: Prepared by the Congressional Research Service.
Notes: a. Department, agency, and committee names and abbreviations are provided in Appendix D.
b.
b. Public law numbers have been included in some cases and not others. In general, public law numbers are not included for older laws (pre-1970) or for statutes with multiple laws bearing the same name. They have been included in other cases at the discretion of the contributor, in particular where seeing a particular provision in context of the broader law may be helpful to the reader.
c. Committees are listed alphabetically by chamber. For information regarding committee jurisdiction and referral rules, see Appendix A. Appendix B and Appendix C present the official language from House Rule X and Senate Rule XXV, respectively, as indicators of congressional jurisdiction over water resources.
c. For a definitive evaluation of committee jurisdictions related to water, the views of the House and Senate Parliamentarian Offices are official.
d. Numerous departments and agencies have some drought planning, mitigation and response responsibilities; this report highlights activities of just a few agencies.
d. Reauthorization subject to congressional action. For more information, see CRS Report RS21212, Agricultural Disaster Assistance, by [author name scrubbed].
Department and Agencya |
Activities and |
Primary Authorities b |
Committee Jurisdiction |
Federal Hydropower Development |
|||
DOI: BOR |
BOR owns and operates numerous multipurpose dams and other facilities, |
Town Sites and Power Development Act of 1906, (43 U.S.C. 561, 562, 566, 567), and site-specific authorities |
House NR |
DOD: USACE |
USACE owns and operates multi-purpose water resource projects, including dams and other facilities that generate hydropower. |
Federal Water Power Act of 1920, ch. 285, 41 Stat. 1065 (16 U.S.C. 797 et seq.) |
House T&I |
DOE: BPA, SEPA, SWPA, WAPA |
Four power marketing administrations market electricity generated in excess of irrigation needs at multipurpose federal dams operated by the USACE and BOR. |
|
House E&C |
Nonfederal Hydropower Development |
|||
DOI: BOR |
BOR may grant nonfederal hydroelectric power development rights at BOR-owned facilities (i.e., "lease of power privilege"). |
Reclamation Project Act of 1939 (43 U.S.C. |
House NR |
DOE: FERC |
FERC licenses the construction and operation of nonfederal hydropower projects. |
Federal Power Act of 1935 (16 U.S.C. 791-828c) |
House E&C |
Navigation |
|||
DOD: USACE |
USACE may undertake federal studies and projects to improve navigation; many of the activities are cost-shared with nonfederal sponsors. |
Various Rivers and Harbors Acts and Water Resources Development Acts |
House T&I |
DOI: BOR |
BOR may allocate to navigation associated costs at multi-purpose water resources projects. |
Reclamation Project Act of 1939, as amended (43 U.S.C. 485h) |
House NR |
DOD: USACE |
Regulates construction in or alteration of a navigable water of the United States. |
Rivers and Harbors Act of 1899 (33 U.S.C. 485h) |
House T&I |
Source: Prepared by the Congressional Research Service.
Notes: a.
b. Public law numbers have been included in some cases and not others. In general, public law numbers are not included for older laws (pre-1970) or for statutes with multiple laws bearing the same name. They have been included in other cases at the discretion of the contributor, in particular where seeing a particular provision in context of the broader law may be helpful to the reader.
c. b. Committees are listed alphabetically by chamber. For information regarding committee jurisdiction and referral rules, see Appendix A. Appendix B and Appendix C present the official language from House Rule X and Senate Rule XXV, respectively, as indicators of congressional jurisdiction over water resources.
Federal efforts to protect and improve water quality and water resources range from technical and financial assistance programs to help communities build sewage treatment and drinking water treatment works, to regulatory programs for preventing or controlling water pollution. Most federal programs focus on surface water quality, while states have a dominant role in matters related to groundwater protection. One exception is where Congress has established requirements to protectauthorized EPA to regulate the underground sources of drinking water from underground injection activitiesinjection of fluids to protect underground sources of drinking water.
In addition to protecting and improving water quality, Congress has enacted numerous bills to manage, protect, and restore aquatic ecosystems—including estuaries, and wetlands. InOver the last 2530 years, the United States has provided billions of dollars toward restoring some specific large aquatic ecosystems such as the Chesapeake Bay, the California Bay-Delta, the Everglades, and the Great Lakes. These ecosystems cover large areas and affect millions of people. Ecosystem restoration in a policy context has gone beyond just restoring the natural environment, and now encompasses other objectives such as improving water supply and conveyance, improving navigation, managing natural resources, and implementing watershed management plans. Ecosystem restoration legislation can be intricate and involve several agencies, and therefore involve multiple committees. Fisheries management and oversight of aquaculture also involve many committees.
Generally, Congress has acted where interstate issues arose (e.g., pollution of rivers), where significant gaps in protection existed among the states (drinking water quality), where funding needs were related to federal mandates (various water infrastructure funding programs), or where other national interests were perceived (e.g., conservation of agricultural lands and fisheries, and preservation of wild and scenic rivers).
This section focuses on federal activities related to water quality in general, and regional , and aquatic resource protection and restoration efforts. The section includes two tables:
Table 4 lists activities related to surface water quality, drinking water quality, groundwater quality, source water protection, nonpoint source pollution, and wastewater and drinking water quality infrastructure.
Table 5 lists activities related to aquaculture, aquatic ecosystem protection and restoration, coastal zones and estuaries, fisheries, invasive species, wetlands, and wild and scenic rivers.
Department and Agencya |
Activities and |
Primary Authorities b |
Committee Jurisdiction |
||||||||||||||||
Surface Water Quality |
|||||||||||||||||||
EPA |
EPA employs regulatory and non-regulatory tools to reduce direct pollutant discharges into waterways, finance municipal wastewater treatment facilities, and manage polluted runoff. |
Clean Water Act, as amended (33 U.S.C. 1251 et seq.) |
House T&I |
||||||||||||||||
Drinking Water Quality |
|||||||||||||||||||
EPA |
EPA |
Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.) |
House E&C |
||||||||||||||||
HHS: IHS |
IHS, in cooperation with HUD and BIA, funds |
Indian Sanitation Facilities Act of 1959 (42 U.S.C. 2004a); Indian Health Care Improvement Act of 1976 (25 U.S.C. 1632) |
House E&C |
||||||||||||||||
Groundwater Quality |
|||||||||||||||||||
EPA |
Programs to protect underground sources of drinking water (USDWs) include |
Safe Drinking Water Act, as amended, §§1421-1429 (42 U.S.C. 300h |
House E&C |
||||||||||||||||
Source Water Protection |
|||||||||||||||||||
EPA |
Source Water Assessment Program |
Safe Drinking Water Act, as amended, §1453 and §1454 (42 U.S.C. 300j-13 and 300j-14) |
House E&C |
||||||||||||||||
USDA: FSA |
Grassroots Source Water Protection Program—provides funding to the National Rural Water Association for technical assistance to operate state source water protection programs. Local programs encourage the voluntary adoption of practices that prevent drinking water pollution. |
Farm Security and Rural Investment Act of 2002 as §1240O of the Food Security Act of 1985, as amended (16 U.S.C. 3839bb-2) |
House AgSenate Ag
Nonpoint Source Pollution |
||||||||||||||||
EPA |
States, territories, and tribes receive grant money to develop and implement plans to manage nonpoint source pollution (i.e., polluted runoff from diffuse sources). |
Clean Water Act, as amended, |
House T&I |
||||||||||||||||
DOC: NOAA, EPA |
Coastal Nonpoint Pollution Control Program |
Coastal Zone Act Reauthorization Amendments of 1990 (§ |
House NR |
||||||||||||||||
USDA: NRCS |
Environmental Quality Incentives Program (EQIP) |
Federal Agriculture Improvement and Reform Act of 1996, as §1240-§ |
House Ag |
||||||||||||||||
USDA: NRCS |
Agricultural Water Enhancement Program (AWEP)- a subprogram of EQIP that provides financial and technical assistance to producers and land owners to address water quality concerns on agricultural land. |
Food, Conservation, and Energy Act of 2008 as §1240I of the Food Security Act of 1985, as amended (16 U.S.C. 3839aa-9) |
| ||||||||||||||||
USDA: NRCS |
Conservation Stewardship Program (CSP) |
Food, Conservation, and Energy Act of 2008 as §1238D-§1238G of the Food Security Act of 1985, as amended (16 U.S.C. |
House Ag |
||||||||||||||||
USDA: NRCS |
Chesapeake Bay Watershed Program- provides additional financial assistance through existing conservation programs for areas within the Chesapeake Bay watershed to improve water quality from agricultural operations.d |
|
House Ag |
||||||||||||||||
USDA: FSA |
Conservation Reserve Program |
Food Security Act of 1985, as amended (16 U.S.C. 3831(a)-3835a) |
House Ag |
||||||||||||||||
USDA: NRCS |
USDA provides conservation technical assistance including planning and implementation assistance to producers and land owners who voluntarily apply natural resource conservation systems on private and other nonfederal lands. This can include, among others, water |
Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590a et seq.) |
House Ag |
||||||||||||||||
Water Quality Infrastructure: Wastewater and Drinking Water |
|||||||||||||||||||
EPA |
EPA provides grants to capitalize state Clean Water State Revolving Funds ( |
Clean Water Act, as amended (title VI) (33 U.S.C. 1381- |
House T&I |
||||||||||||||||
EPA |
EPA provides grants to capitalize state Drinking Water State Revolving Funds (DWSRFs), which states use to provide loans and other assistance to public water systems for projects needed to comply with federal drinking water rules and to meet the law's health protection goals. Indian tribes and territories receive direct project grants. |
Safe Drinking Water Act, as amended, §1452 (42 U.S.C. 300j-12) |
House E&C |
||||||||||||||||
USDA: RUS | The EPA Administrator may provide financial assistance for pilot projects that are eligible for assistance under the CWSRFs and DWSRFs. Water Infrastructure Finance and Innovation Act of 2014, §5023(b)(2), as amended. EPA EPA is directed to establish programs to provide grants to eligible entities to help disadvantaged and small communities meet Safe Drinking Water Act requirements and to provide grants for projects to reduce lead in water. Safe Drinking Water Act, as amended, §1459A and §1459B (42 U.S.C. 300j-19a-42 U.S.C. 300j-19b) USDA: RUS |
Consolidated Farm and Rural Development Act, as amended, §306 (7 U.S.C. 1926 et seq.) |
House Ag | ||||||||||||||||
EPA |
USDA: RUS Rural Circuit Rider Program—provides on-site technical assistance for the operation of rural water systems for the purpose of bringing small public water systems into compliance with state and national environmental regulations. Consolidated Farm and Rural Development Act, as amended, §306(a) (7 U.S.C. 1926 et seq.) USDA: RUS Water and Waste Disposal Technical Assistance and Training Grants—provides technical assistance and training to identify and evaluate alternative solutions to problems related to water and waste disposal, prepare applications, and improve operation and maintenance practices at existing facilities. Consolidated Farm and Rural Development Act, as amended, §306(a)(14)(A) (7 U.S.C. 1926 et seq.) USDA: RUS Individual Water and Wastewater Grants—provides grants to connect service lines, pay utility hook-up fees, and install related plumbing for households in recognized colonias (located in AZ, CA, NM, and TX only). Consolidated Farm and Rural Development Act, as amended, §306C (7 U.S.C. 1926c) USDA: RUS Grants for Rural and Native Alaskan Villages—provides funding for water and waste disposal systems for remote Alaskan Villages. Consolidated Farm and Rural Development Act, as amended, §306D (7 U.S.C. 1926d) USDA: RUS Household Water Well System Grants—provides funding for nonprofit organizations to finance the construction and refurbishing of household water well systems in rural areas for individuals with low or moderate incomes. Consolidated Farm and Rural Development Act, as amended, §306E (7 U.S.C. 1926e) EPA |
The Border Environment Cooperation Agreement, through the North American Free Trade Agreement Act, P.L. 103-182 (19 U.S.C. 3473); Safe Drinking Water Act, as amended, §1456 (42 U.S.C. 300j-16); P.L. 100-4, §510 |
House E&C |
||||||||||||||||
HUD |
Community Development Block Grant |
Housing and Community Development Act of 1974, as amended (title I) (42 U.S. C. 5301 et seq.) |
House FS |
||||||||||||||||
HHS: IHS in cooperation with HUD and BIA |
The IHS funds the provision of sanitation facilities—domestic and community potable water supplies and facilities, drainage facilities, and sewage |
Indian Sanitation Facilities Act of 1959 (42 U.S.C. 2004a); Indian Health Care Improvement Act of 1976 as amended by Indian Health Care Amendments of 1988 (25 U.S.C. 1632) |
House E&C |
||||||||||||||||
DOC: EDA |
Public Works and Economic Development Program |
Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3131, 3132, 3135, 3171) |
House T&I |
Source: Prepared by the Congressional Research Service.
Notes: a.
.
b. Committees are listed alphabetically by chamber. For information regarding committee jurisdiction and referral rules, see Appendix A. Appendix B and Appendix C present the official language from House Rule X and Senate Rule XXV, respectively, as indicators of congressional jurisdiction over water resources.
c. Authority to receive mandatory funding expires September 30, 2014, subject to reauthorization. For more information, see CRS Report R42442, Possible Extension or Expiration of the 2008 Farm Bill, by [author name scrubbed], [author name scrubbed], and [author name scrubbed].
d. Authority to receive mandatory funding expires September 30, 2012, subject to reauthorization. For more information, see CRS Report R42442, Possible Extension or Expiration of the 2008 Farm Bill, by [author name scrubbed], [author name scrubbed], and [author name scrubbed].
Department and Agencya |
Activities and |
Primary Authorities b |
Committee Jurisdiction |
|||||||||
Aquaculture |
||||||||||||
USDA: NIFA; DOC: NOAA; DOI: FWS a |
The National Science and Technology Council Interagency Working Group on Aquaculture coordinates activities and disseminates information among federal agencies with responsibilities for aquaculture. USDA is the lead federal agency. |
National Aquaculture Act of 1980 as amended (16 U.S.C. 2801 et seq.) |
House Ag |
|||||||||
USDA: NASS |
|
Census of Agriculture Act of 1997, as amended (7 U.S.C. 2204g) |
House Ag |
|||||||||
DOC: NOAA |
NOAA Aquaculture Program |
National Sea Grant College Program (33 U.S.C. 1121-1131) ; Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) for federal waters |
House SST |
|||||||||
DOI: FWS |
National Fish Hatchery System |
Many statutes authorize or direct specific actions and apply to specific facilities |
House NR |
|||||||||
DOC: NOAA |
NMFS funds salmon and steelhead hatchery operations in the states of Oregon, Washington, and Idaho to mitigate harm to fishery resources from dams on the mainstream of the Columbia River. |
Mitchell Act (16 U.S.C. 755-757) |
| |||||||||
DOD: USACE |
The Lower Snake River Fish and Wildlife Compensation Plan was established to offset fish and wildlife losses resulting from lower Snake River dams in Washington and Idaho. The plan is administered by the FWS under an agreement with USACE and NOAA. |
Water Resources Development Act of 1976 (90 Stat. 2917; P.L. 94-587) |
| |||||||||
Aquatic Ecosystem Protection and Restorationc |
||||||||||||
DOD: USACE |
USACE conducts federal cost-shared environmental protection and restoration projects, as well as cost-shared beneficial use of dredged material to restore aquatic ecosystems. The Corps of Engineers (Corps or USACE) also has geographically specific authorities to undertake restoration work in some areas, including areas that have been degraded by Corps and other projects. |
Water Resources Development Acts of 1996 (33 U.S.C.` 2213, 33 U.S.C. 2330 ), 2007 (33 U.S.C. 2330a), and (33 U.S.C. 2326); and various other acts |
House T&I |
|||||||||
DOD: USACE; DOI |
USACE and DOI are authorized to conduct ecosystem restoration projects in the Everglades through the Comprehensive Everglades Restoration Plan (CERP). The law authorizes CERP as a framework for Everglades restoration and authorized an initial round of projects by USACE and DOI. |
Water Resources Development Act of 2000 (P.L. 106-541, 601) |
House T&I |
|||||||||
DOD: USACE
|
Harmful Algal Bloom and Hypoxia Research and Control—NOAA leads research and management efforts to detect, monitor, assess, and predict harmful algal bloom and hypoxia events. NOAA and EPA cochair the Interagency Working Group to coordinate federal activities.
|
Harmful Algal Bloom and Hypoxia Research and Control Act (33 U.S.C. 4001 et seq.) House SST Senate CST |
Great Lakes Fishery and Ecosystem Restoration Program- is an example of an authority for a specific ecosystem. The purpose of this program is to plan, design, and construct projects to restore Great Lakes fisheries and their beneficial uses. |
Water Resources Development Act of 2000 (P.L. 106-541, 506; 42 U.S.C. §§1962d-22) |
|
|||||||
DOI: BOR |
BOR may undertake activities to protect and restore aquatic and riparian environments affected by Reclamation project operations. Reclamation also has geographically specific authorities to undertake restoration work in some areas |
The Reclamation Act of 1902, as amended (43 U.S.C. 371 et seq.); Endangered Species Act (16 U.S.C. 1531 et seq.); Platte River Ecosystem Restoration (Consolidated Natural Resources Act of 2008 (§515 of P.L. 110-229); and various other acts , including Fish and Wildlife Coordination Acts |
House NR |
|||||||||
DOI; DOD |
San Francisco Bay Sacramento and San Joaquin River Delta Restoration Initiative (Bay-Delta) |
Water Supply, Reliability, and Environmental Improvement Act (P.L. 108-361; 118 Stat. 1681) |
House NR EPA; DOI; DOC; USDA; DOD Chesapeake Bay Restoration Initiative is an ecosystem restoration initiative that involves several federal agencies and various authorities for conducting restoration in the Chesapeake Bay. The EPA Chesapeake Bay Program coordinates activities. Chesapeake Bay Restoration (33 U.S.C. 1267); EPA; DOI; DOC; USDA; DOD Great Lakes Restoration Initiative (GLRI) is a multi-agency ecosystem restoration initiative that spans several states that border the five Great Lakes. The GLRI is the primary program for restoration; however, several other federal programs contribute to restoration efforts. Great Lakes Restoration (33 U.S.C. 1268) | |||||||||
DOI: FWS |
Habitat Conservation Program |
Fish and Wildlife Coordination Act, Act of March 10, 1934 (16 U.S.C. 661 et seq.); Endangered Species Act of 1973, (16 U.S.C. 1531 et seq.) |
House NR |
|||||||||
EPA |
|
Clean Water Act (33 U.S.C. 1257 et. seq.); Great Lakes Restoration (33 U.S.C. 1268); |
House T&I |
|||||||||
Coastal Zones and Estuaries |
||||||||||||
DOC: NOAA |
Federal Coastal Zone Management Program |
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 |
House NR |
|||||||||
EPA |
National Estuary Program (NEP) |
Clean Water Act, as amended (§320) (33 U.S.C. 1330) |
House T&I |
|||||||||
EPA |
The EPA is the lead agency for several coastal and estuarine ecosystem restoration initiatives. The Chesapeake Bay Program is focused on restoring the Chesapeake Bay ecosystem. EPA awards implementation grants to the states of Maryland, Virginia, Pennsylvania, and the District of Columbia to implement their commitments under the Chesapeake Bay Agreement. |
Clean Water Act, as amended (§117) (33 U.S.C. 1267) |
| |||||||||
DOC: NOAA |
The National Estuarine Research Reserve Program |
Coastal Zone Management Act of 1972 (16 U.S.C. 1461) |
House NR |
|||||||||
DOD: USACE; NOAA, EPA, FWS, USDA |
The Estuary Habitat Restoration Council is responsible for developing a national estuarine restoration strategy. The Secretary of the Army may carry out projects and provide technical assistance to meet the restoration goal. |
Estuary Restoration Act of 2000, P.L. 106-457 ( |
House NR |
|||||||||
Fisheries Management |
||||||||||||
DOI: FWS |
The FWS is the major federal agency involved with freshwater fishery management. FWS implements the Endangered Species Act for freshwater species. |
Fish and Wildlife Coordination Act, Act of March 10, 1934 (16 U.S.C. 661 et seq.); Federal Aid in Sport Fish Restoration Act (64 Stat. 430; 16 U.S.C. 777-777n); Endangered Species Act of 1973, (16 U.S.C. 1531 et seq.) |
House NR |
|||||||||
DOC: NOAA, NMFS |
The NMFS manages anadromous and marine fishery resources, including salmon, and implements the Endangered Species Act for anadromous and marine species. |
Magnuson-Stevens Fishery Conservation and Management Act |
House NR |
|||||||||
DOE: BPA |
The |
Pacific Northwest Electric Power Planning and Conservation Act, P.L. 96-501 (16 U.S.C. 839 et seq.) |
House NR |
|||||||||
USDA: Forest Service |
The Forest Service has the responsibility to maintain and improve fishery habitat in national forests and grasslands, consistent with overall multiple-use objectives. |
Forest and Rangeland Renewable Resources Planning Act of 1974 as amended by the National Forest Management Act of 1976 (16 U.S.C. 1601 et seq.) |
| |||||||||
DOD: USACE |
A portion of USACE funds expended for living aquatic resources supports mitigation activities to compensate for aquatic resources lost due to construction and operation of USACE projects. |
Fish and Wildlife Coordination Act |
House NR |
|||||||||
DOI: BOR |
The BOR living aquatic resource programs include minimum flow evaluation and implementation; flow augmentation; aquatic habitat restoration, mitigation, and enhancement; fish hatchery modifications; fish passages; and endangered fish studies. |
Fish and Wildlife Coordination Act |
House NR |
|||||||||
DOI: BOR |
|
Act of June 26, 1948, as amended (43 U.S.C. 502); P.L. 95-18, as amended (43 U.S.C. 502 note) |
House NR |
|||||||||
DOI: BIA |
Fish, Wildlife, and Recreation Program—responsible for the federal government trust responsibilities to Indians relative to aquatic resources and funds tribal roles in aquatic resource management. |
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) |
House NRSenate CSTSenate IA
DOI: BLM |
The BLM has specific responsibility for managing fish habitat on its public land. |
Federal Land Policy and Management |
House NR |
||||||
DOI: NPS |
The NPS conducts programs designed to maintain and protect aquatic and marine resources within NPS units. |
National Park Service Organic Act of 1916, as amended (16 U.S.C. 1 et seq.); Endangered Species Act of 1973, (16 U.S.C. 1531 et seq.) |
House NR |
|||||||||
FERC
|
The Forest Service has the responsibility to maintain and improve fishery habitat in national forests and grasslands, consistent with overall multiple-use objectives.
|
House AgHouse NRSenate AgSenate ENRForest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976 (16 U.S.C. 1601 et seq.) |
FERC, in licensing nonfederal natural gas and hydroelectric projects, gives consideration to both protection and enhancement of aquatic resources and habitat affected by project construction and operation. |
Title II of the Federal Power Act of 1935, as amended (16 U.S.C. 797(e)) |
|
|||||||
DOI: BIA |
Fish, Wildlife, and Recreation Program- responsible for the federal government trust responsibilities to Indians relative to aquatic resources, and funds tribal roles in aquatic resource management. |
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) |
|
House E&CHouse NRSenate CSTSenate EPW
Title II of the Federal Power Act of 1935, as amended (16 U.S.C. 797(e)) | ||||||||
Invasive Species |
||||||||||||
DOD: USACE |
As part of its responsibilities to study, build, and operate water resource projects, the Corps studies and carries out activities to control invasive aquatic species at these projects. The Corps also has project-specific authorities to control some invasive species. |
Rivers and Harbors Act of 1958 (P.L. 85-500) and various other acts |
House T&I |
|||||||||
DOI: BOR |
BOR conducts invasive species and other pest management research, including development and coordination of "Integrated Pest Management" techniques. |
Reclamation Act of 1902, as amended (43 U.S.C. 371 et seq.) |
House NR |
|||||||||
DHS: USCG; EPA; DOI: FWS; DOD: USACE; DOC: NOAA; and others |
The Aquatic Nuisance Species Task Force is a federal program to prevent the introduction and to control the spread of unintentionally introduced aquatic nuisance species. The Task Force |
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.) |
House NR |
|||||||||
USDA: NRCS |
Plant Materials Centers evaluate plants (including aquatic) for conservation traits and make these materials available to commercial growers who provide plant materials to the public. Centers work to address the spread of plants (including aquatic) that have been classified as noxious or invasive |
Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590a et seq.) |
House Ag |
|||||||||
Wetlands |
||||||||||||
DOD: USACE; EPA |
The Clean Water Act establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands, through permits issued by the USACE in consultation with EPA. |
Clean Water Act, as amended (§404) (33 U.S.C. 1344) |
House T&I |
|||||||||
EPA |
Wetland Program Development Grants |
Clean Water Act, as amended (§104(b)(3)) (33 U.S.C. 1254(b)(3)) |
House T&I |
|||||||||
DOI: FWS |
The FWS is authorized to make grants for wetland conservation projects in Canada, the United States, and Mexico. |
North American Wetlands Conservation Act, as amended (16 U.S.C. 4400) |
House NR |
|||||||||
DOI: FWS |
Partners for Fish and Wildlife Program |
Partners for Fish and Wildlife Act, as amended (16 U.S.C. 3771-3774) |
House NR |
|||||||||
DOI: FWS |
National Coastal Wetlands Conservation Grant Program |
Coastal Wetlands Planning, Protection and Restoration Act of 1990 (title III) (16 U.S.C. 3954) |
House NR |
|||||||||
DOD: USACE; DOI: FWS; EPA; DOC: NMFS; USDA |
Louisiana Coastal Wetlands Program |
Coastal Wetlands Planning, Protection and Restoration Act of 1990, (16 U.S.C. 3951-3955) |
House NR |
|||||||||
USDA: NRCS |
Wetlands Reserve Program (WRP)- provides technical and financial assistance to purchase long term and permanent easements and enter into restoration agreements with land owners to protect and restore wetlands.d |
|
House Ag |
|||||||||
USDA: NRCS |
Wetland |
Food Security Act of 1985 (16 U.S.C. 3821-3824) |
House Ag |
|||||||||
USDA: FSA |
Farmable |
Food, Conservation, and Energy Act of 2008 as §1231B of the Food Security Act of 1985, as amended (16 U.S.C. 3831b) |
House Ag |
|||||||||
USDA: NRCS |
Emergency Watershed Protection (EWP) Program |
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2203 |
House Ag |
|||||||||
USDA: NRCS |
Water Bank Program |
Water Bank Act, as amended (16 U.S.C. 1301-1311) |
House Ag |
|||||||||
Wild and Scenic Rivers |
||||||||||||
DOI: NPS, BLM, FWS, BOR; USDA: USFS; DOD: USACE |
Preserves designated rivers in their free-flowing condition and directs respective designated federal agencies to administer comprehensive management plans to ensure river protection. |
Wild and Scenic Rivers Act of 1968, P.L. 90-542, 82 Stat. 906 (16 U.S.C. §§1271 et seq.) |
House NR |
Source: Prepared by the Congressional Research Service.
Notes: a. Department, agency, and committee names and abbreviations are provided in Appendix D.
b. Public law numbers have been included in some cases and not others. In general, public law numbers are not included for older laws (pre-1970) or for statutes with multiple laws bearing the same name. They have been included in other cases at the discretion of the contributor, in particular where seeing a particular provision in context of the broader law may be helpful to the reader.
c. b. Committees are listed alphabetically by chamber. For information regarding committee jurisdiction and referral rules, see Appendix A. Appendix B and Appendix C present the official language from House Rule X and Senate Rule XXV, respectively, as indicators of congressional jurisdiction over water resources.
c. For a definitive evaluation of committee jurisdictions related to water, the views of the House and Senate Parliamentarian Offices are official.
d. Many ecosystem restoration initiatives are regional and include advisory or leadership committees with representatives from many federal agencies and White House offices, and are often authorized by program specific authorities.
d. Authority to receive mandatory funding expires September 30, 2012, subject to reauthorization. For more information, see CRS Report R42442, Possible Extension or Expiration of the 2008 Farm Bill, by [author name scrubbed], [author name scrubbed], and [author name scrubbed].
Although water rights and allocation traditionally are issues that are regulated by states, the federal government retains significant authority related to federal water resources management and federal water rights. Congress has broad authority under the Commerce Clause of the U.S. Constitution to regulate interstate waterways and promote navigation throughout the nation's waterways.7 Accordingly, though rarely exercised, Congress may allocate interstate waters directly. Alternatively, Congress may defer to states to reach an agreement (i.e., interstate compact) on the allocation of water in an interstate dispute, but Congress generally must provide its consent to such a compact before it may take effect.8 Congress also has provided for the establishment of river basin commissions, which typically include representatives from basin states and any relevant federal agencies.9
In 1908, the U.S. Supreme Court recognized the creation of federal reserved water rights.10 The Court explained that when Congress creates an Indian reservation, it also implicitly reserves the water necessary to fulfill the purposes for which the reservation was established.11 These rights, sometimes referred to as tribal water rights, are often senior to other water users' rights but typically are not quantified, which may lead to extensive litigation between tribes and other water users or settlement agreements that must be approved by Congress. The Court later held that the principle of reserved rights extended not only to reservations for tribal land but also to reservations for other federal purposes, including national forests, wildlife refuges, national parks, wild and scenic rivers, etc.12 Thus, congressional proposals to make additions to these systems implicate federal authority related to water resources.
Many federal laws also indirectly affect water allocation and use. For example, the development of dam and diversion facilities have over time has favored certain purposes or uses over others. Such development has sometimes resulted in unintended consequences, including in some cases, overallocationover allocation of water supplies. Implementation of laws aimed at addressing water quality and threatened and endangered species (e.g., the federal Clean Water Act13 and Endangered Species Act14) may indirectly or directly affect water allocation. However, because such laws—like many other federal laws—are primarily related to federal project operations, they are not included in this section.
Table 6 lists activities related to water allocation and includes such topic areas as water allocation generally and river basin commissions.
Table 7 lists activities related to water rights and includes such topic areas as federal reserved water rights and tribal water rights.
Department and Agencya |
Activities and |
Primary Authorities b |
Committee Jurisdiction |
|||
Water Allocation and Interstate Compacts |
||||||
N/A |
Congress has exercised its authority to allocate interstate waters on rare occasions in response to interstate compacts. |
U.S. Const. art. I, §8; U.S. Const. art. VI, cl. 2; e.g. Boulder Canyon Project Act of December 21, 1928 (43 U.S.C. 617 et seq.) |
House Judiciary |
|||
N/A |
Congress generally must consent to agreements between and among states for the management of interstate waters, which may address allocation |
U.S. Const. art. I, § |
House Judiciary |
|||
DOI: BOR |
BOR enters into contracts with water districts for delivery and allocation of water from Reclamation projects; however, the agency typically secures a project water right via state water rights laws as part of project development. |
Reclamation Act of 1902, §8, as amended (43 U.S.C. 372, 378); and numerous site-specific authorities |
House NRSenate ENR
DOI: USGS |
For interstate water compacts, the USGS provides administrative support for the federal representative. Also, the USGS collects hydrologic data for 25 interstate compacts. |
Organic Act of March 3, 1879 (43 U.S.C. 31 et seq.); various legislation approving interstate compacts (e.g., |
House NR |
River Basin Commissions |
||||||
Various agencies |
River basin commissions comprised of federal and/or state representatives may be established to manage and develop water resources within a particular river basin. Three presidentially declared river basin commissions coordinate plans for water and related land resources development in their respective basins (i.e., Delaware, Susquehanna, Potomac). |
Water Resources Planning Act of 1965, P.L. 89-80 (42 U.S.C. 1962b et seq.); various legislation approving interstate compacts |
House NR |
Source: Prepared by the Congressional Research Service.
Notes: a.
b. Public law numbers have been included in some cases and not others. In general, public law numbers are not included for older laws (pre-1970) or for statutes with multiple laws bearing the same name. They have been included in other cases at the discretion of the contributor, in particular where seeing a particular provision in context of the broader law may be helpful to the reader.
c. b. Committees are listed alphabetically by chamber. For information regarding committee jurisdiction and referral rules, see Appendix A. Appendix B and Appendix C present the official language from House Rule X and Senate Rule XXV, respectively, as indicators of congressional jurisdiction over water resources.
Department and Agencya |
Activities and |
Primary Authorities b |
Committee Jurisdiction |
Federal Reserved Water Rights |
|||
USDA: USFS; DOI: BLM, FWS, NPS; Various agencies |
Reservation of land for a federal purpose (i.e., national forests, national wildlife refuges, wild and scenic rivers) includes accompanying water rights to achieve the purpose of the reservation. |
Cappaert v. United States, 426 U.S. 128 (1976); various statutes reserving federal lands |
House NR |
Tribal Water Rights |
|||
DOI |
American Indian tribes may hold reserved water rights granted by the reservation of land to the tribe and derive from treaties, statutes, agreements, or executive orders. |
Winters v. United States, 207 U.S. 564 (1908); various Indian water rights settlement acts |
House NR |
Source: Prepared by the Congressional Research Service.
Notes: a. Department, agency, and committee names and abbreviations are provided in Appendix D. Appendix B and Appendix C present the official language from House Rule X and Senate Rule XXV, respectively, as indicators of congressional jurisdiction over water resources.
b. For a definitive evaluation of committee jurisdictions related to water, the views of the House and Senate Parliamentarian Offices are official.
b. Public law numbers have been included in some cases and not others. In general, public law numbers are not included for older laws (pre-1970) or for statutes with multiple laws bearing the same name. They have been included in other cases at the discretion of the contributor, in particular where seeing a particular provision in context of the broader law may be helpful to the reader.
c. Committees are listed alphabetically by chamber. For information regarding committee jurisdiction and referral rules, see Appendix A.
Federal water research and planning authorities are spread across numerous federal agencies, and the congressional committees with oversight roles and responsibilities are also numerous. This division derives in part from the distinct roles that water plays in relation to each of these agencies' missions and the committees' jurisdictions. The evolution of federal water research authorities and planning activities generally mirrors the development of the water-related agencies and authorities discussed in earlier sections of this report.
Federal water research and planning began largely to support the development of navigation, flood control, and storage of water for irrigation. The 1960s saw federal research and planning expand to include reducing pollution problems. Efforts to coordinate water research and planning in the 1960s and 1970s were undertaken as part of broader efforts to coordinate federal water activities. Administrations of the 1980's and 1990's asserted a more limited federal role in water research and planning. Federal water planning was scaled back primarily to support federal projects and activities. Federal research funds were focused on topics closely connected to helping federal agencies meet their missions and to address problems beyond the scope of the states and private sector. One result has been that federal research in recent decades has principally supported regulatory activities (e.g., water quality research and monitoring of aquatic ecosystem and species), while federal research promoting economic growth through water development has decreased.15 In the last two decades, new technologies and data (e.g., water-related satellite and radar data) and concerns (e.g., climate trends, species decline, ecosystem health) have prompted both the involvement of new agencies and programs in federal water research and the expansion of authorities and topics covered by traditional water agencies.
This section focuses on federal authorities related to water research and planning and includes two tables:
Table 8 lists authorities related to general water research; research on use, supply augmentation, efficiency, and engineering works; monitoring, data, and mapping; water resource assessments; water cycle, drought, and climate change; and water quality and treatment.
Table 9 lists authorities related to planning for water development projects, watersheds, and water quality.
While these two tables are not exhaustive, they represent the cross-section of federal research and planning authorities.
Department and Agencya |
Activities and |
Primary Authorities b |
Committee Jurisdiction |
||||
Water (General) |
|||||||
NSF |
|
National Science Foundation Act of 1950, as amended (42 U.S.C. 1862 et seq.) |
House SST |
||||
DOC: NOAA |
National Estuarine Research Reserve Program |
Coastal Zone Management Act of 1972 (16 U.S.C. 1461) |
House NR |
||||
DOI: USGS |
Hydrologic Research and Development Program conducts research on complex hydrological problems such as ecological and biochemical processes in the hydrological cycle and movement and availability of subsurface water to inform groundwater management decisions. |
Organic Act of March 3, 1879 (43 U.S.C. 31 et seq.) ; 28 Stat. 398 (authorized funding for the USGS to measure streamflows and determine the water supply of the United States) |
House NR |
||||
DOI: USGS |
The Cooperative Water Program allows USGS to partner with local, state, and tribal entities to provide joint monitoring and research capabilities. Efforts from this program lead to regulatory decision-making, and joint management actions, among other things. |
Organic Act of March 3, 1879 (43 U.S.C. 31 et seq.) ; 43 U.S.C. 36d; 43 U.S.C. 50. |
House NR |
||||
Use, Supply Augmentation, Efficiency, and Engineering Works
|
(See also Conservation) |
||||||
USDA: ARS |
ARS is USDA's in-house research agency organized into 18 national programs that serve to coordinate over 800 ARS research projects. National program 211 addresses water availability and watershed management. Several research projects are conducted under this national program. |
Food, Agriculture, Conservation, and Trade Act of 1990 added §1402 of the Food and Agricultural Act, as amended (7 U.S.C. 3101 et seq.) |
House Ag |
||||
DOI: BOR |
Provides grants and contracts for desalination research, studies, and demonstration activities. |
Water Desalination Act of 1996, as amended, P.L. 104-298 and §204 of P.L. 112-74 (42 U.S.C. 10301) |
House NR |
||||
DOI: BOR |
BOR undertakes water reclamation and reuse research. |
Reclamation Wastewater and Groundwater Study and Facilities Act, as amended, Title XVI of P.L. 102-575 (43 U.S.C. 390h) |
House NR |
||||
DOI: USGS |
Authorizes establishment of water resources research and technology institutes in each state, and grants for research and technology development on water supply, management, and quality. |
Water Resources Resarch Act of 1983, as amended (42 U.S.C. §§10301-10309) |
House SST |
||||
DOE |
Requires a program for research, development, demonstration, and commercial application to address energy issues related to water supplies and management, and water issues related to energy supply and use. |
Energy Policy Act of 2005 (42 U.S.C. 16319) |
House E&C |
||||
DOD: USACE |
Provides water resources engineering research and development, including coastal resilience to extreme weather. |
Flood Control Act of 1928, as amended (33 U.S.C. 702a) ; Water Resources Reform and Development Act of 2014, as amended (33 U.S.C. 2803a(b)) |
House T&I |
||||
Monitoring, Data, and Mapping |
|||||||
DHS: FEMA |
Risk Mapping, Assessment, and Planning (Risk MAP) provides a comprehensive program to identify flood risk across the nation and produce Flood Insurance Rate Maps (FIRMs) for the NFIP. |
National Flood Insurance Act of 1968, §1360, as amended (42 U.S.C. 4101) |
House FSSenate Banking
DOI: USGS |
Basin-scale and larger groundwater modeling; National Water Quality Assessment Program; groundwater monitoring, stream |
Organic Act of March 3, 1879 (43 U.S.C. 31 et seq.) ; 28 Stat. 398 (authorized funding for the USGS to measure streamflows and determine the water supply of the United States) |
House NR |
|
DOI: USGS |
National Streamflow Information Program (NSIP) |
Organic Act of March 3, 1879 (43 U.S.C. 31 et seq.) ; SECURE Water Act (Subtitle F, Title IX of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10366); 28 Stat. 398 (authorized funding for the USGS to measure streamflows and determine the water supply of the United States) |
House NR |
||||
DOI: BOR |
Data monitoring and collection on water quality, hydrology, riparian areas, and a host of other topics informs West-wide Climate Risk Assessments and other ongoing BOR initiatives, including project operations. |
Reclamation Act of 1902, as amended (43 U.S.C. 371 et seq.); Omnibus Public Land Management Act of 2009 (Title IX, Subtitle F, 42 U.S.C. 10363) |
House NR |
||||
USDA: ARS, NIFA, NASS, ERS |
USDA has broad authority to collect data related to agricultural production and water management in rural areas. |
Food, Agriculture, Conservation, and Trade Act of 1990 added §1402 of the Food and Agricultural Act, as amended (7 U.S.C. 3101 et seq.); Department of Agriculture Reorganization Act of 1994, as amended (7 U.S.C. 6971 et seq.); Census of Agriculture Act of 1997, as amended (7 U.S.C. 2204g); Food, Conservation, and Energy Act of 2008, as amended |
House Ag |
||||
EPA |
EPA has broad authority to collect data related to regulation of drinking water contaminants and protection of public water supplies. The Unregulated Contaminant Monitoring Program requires public water systems to test for contaminants that EPA |
Safe Drinking Water Act, as amended, §1445 (42 U.S.C. 300j-4) |
House E&C |
||||
EPA |
EPA has broad authority to collect data on water quality and information pertaining to the prevention, reduction, and elimination of water pollution. |
Clean Water Act, as amended, §104 (33 U.S.C. 1254) |
House T&ISenate EPW
Water Resource Assessments |
||||
USDA: |
Periodic resource assessment and research of renewable resources on U.S. forests and rangelands, including water. |
Forest and Rangeland Renewable Resource Planning Act of 1974, as amended (16 U.S.C. 1600 et seq.) |
House Ag |
||||
USDA: NRCS, NIFA, ERS, NASS, FSA |
NRCS leads the Conservation Effects Assessment Project (CEAP) which is carried out at the field, watershed and landscape scale and includes analysis of the cumulative effects and benefits of conservation practices on natural resources and the environment. |
Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590a et seq.), among others |
House Ag |
||||
DOI: USGS |
Hydrologic Networks and Analysis program provides data and analysis on the quantity and quality of water in streams, lakes, and reservoirs. These data are used for planning, monitoring, and developing the nation's water resources. |
Organic Act of March 3, 1879 (43 U.S.C. 31 et seq.) 28 Stat. 398 (authorized funding for the USGS to measure streamflows and determine the water supply of the United States) |
House NR |
||||
DOI: USGS |
Groundwater Resources Program provides information to assess and quantify the groundwater resources of the nation, such as groundwater availability in aquifer systems and |
Organic Act of March 3, 1879 (43 U.S.C. 31 et seq.) 28 Stat. 398 (authorized funding for the USGS to measure streamflows and determine the water supply of the United States) |
House NR |
||||
Water Cycle, Drought, and Climate Change |
|||||||
DOI |
The Secretary of the Interior is directed to establish a climate change adaptation program, coordinate with the Administrator of NOAA, USGS, and state water resource agencies; and |
SECURE Water Act (Subtitle F, Title IX of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363)) |
House NR |
||||
DOI: BOR |
WaterSMART Program—may provide grants to universities, |
SECURE Water Act (Subtitle F, Title IX of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364)) |
House NR |
||||
DOI: BOR |
In coordination with the WaterSMART basin studies, BOR evaluates climate risk through West-wide Climate Risk Assessments and develops scientific information on climate change and other ecological stressors via Land Conservation Cooperatives. |
SECURE Water Act (Subtitle F, Title IX of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363)); Interior Department Secretarial Order #3289 |
House NR |
||||
DOI: USGS |
National Streamflow Information Program (NSIP) |
Organic Act of March 3, 1879 (43 U.S.C. 31 et seq.); SECURE Water Act (Subtitle F, Title IX of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10366) ; 28 Stat. 398 (authorized funding for the USGS to measure streamflows and determine the water supply of the United States) |
House NR |
||||
DOE: PMAs |
The Secretary of Energy, in consultation with the Administrator of each PMA, is to evaluate the risks of climate change and potential effects on federal |
SECURE Water Act (Subtitle F, Title IX of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10365) |
House NR |
||||
EPA |
Conducts and supports research on effects of climate change on water resources and the nation's clean water and safe drinking water programs, including research to assist drinking water, wastewater, and stormwater systems to assess climate change impacts and develop adaptation strategies. |
Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.); Clean Water Act, as amended (33 U.S.C. 1251 et seq.) |
| ||||
DOC: NOAA |
The Secretary of Commerce is charged with forecasting the weather, issuing storm warnings, weather and flood signals, gauging and reporting on river conditions, reporting temperature and rainfall conditions, distributing meteorological observations, and taking such meteorological observations as necessary to establish and record climatic conditions of the United States. |
Weather Service Modernization Act (15 U.S.C. 313 et seq.) |
House SST |
||||
DOC: NWS |
National Integrated Drought Information System is charged with providing U.S. drought early warning forecasts and assessments. |
National Integrated Drought Information System Act (15 U.S.C. 313d), as amended |
House SST |
||||
Water Quality and Treatment |
|||||||
EPA |
Research addresses four themes: Healthy Watersheds and Coastal Waters, Safe Drinking Water, Sustainable Water Infrastructure, and Water Security. |
Safe Drinking Water Act amended (42 U.S.C. 300f et seq.); Clean Water Act, as amended (33 U.S.C. 1251 et seq.) |
|
House E&CHouse SSTHouse T&ISenate EPW
Safe Drinking Water Act amended (42 U.S.C. 300f et seq.)
|
EPA
|
EPA has broad authority to conduct water quality research, demonstrations, investigations, surveys, and studies addressing water pollution prevention and elimination—including a number of geographically specific research authorities.
|
Clean Water Act, as amended (33 U.S.C. 1251 et seq.) |
DOI: USGS |
National Water Quality Assessment Program |
Organic Act of March 3, 1879 (43 U.S.C. 31 et seq.) ; 33 U.S.C. 1254 |
House NR |
Source: Prepared by the Congressional Research Service.
Notes: a.
b. Public law numbers have been included in some cases and not others. In general, public law numbers are not included for older laws (pre-1970) or for statutes with multiple laws bearing the same name. They have been included in other cases at the discretion of the contributor, in particular where seeing a particular provision in context of the broader law may be helpful to the reader.
c. b. Committees are listed alphabetically by chamber. For information regarding committee jurisdiction and referral rules, see Appendix A. Appendix B and Appendix C present the official language from House Rule X and Senate Rule XXV, respectively, as indicators of congressional jurisdiction over water resources.
Department and Agencya |
Activities and |
Primary Authorities |
Committee Jurisdiction |
Water Development Project Planning |
|||
DOI: BOR |
BOR investigates federal water resource development projects using a general authority and performs feasibility studies using site-specific authorities. |
Reclamation Act of 1902, as amended (43 U.S.C. 371 et seq.), Reclamation Project Act of 1939 (43 U.S.C. 485h(a); and site-specific authorities |
House NR |
DOD: USACE |
USACE studies federal interest in and develops alternatives for new water resources projects and modifications to existing projects. Studies are typically cost-shared with nonfederal sponsors and require site-specific congressional authorization. The Administration transmits planning results and related recommendations to Congress for construction authorization. |
Water Resources Development Act (WRDA) of 1986, P.L. 99-662, as amended |
House T&I |
USDA: NRCS; DOD: USACE |
Joint-agency investigation of flood damage reduction and water development installations if authorized by Committee resolution. |
P.L. 87-639 (16 U.S.C. 1009) |
House T&I |
Watershed Planning |
|||
River Basin Commissions (Delaware, Susquehanna, Potomac) |
Presidentially declared river basin commissions for coordination of plans for water and related land resources development. |
Water Resources Planning Act of 1965, P.L. 89-80 (42 U.S.C. 1962b et seq.) |
House NR |
USDA: NRCS |
Watershed Surveys and Planning Program |
Watershed Protection and Flood Prevention Act of 1954, as amended (16 U.S.C. 1001-1008) |
House Ag |
DOI: BOR |
Cooperative Watershed Management Program |
Cooperative Watershed Management Act (Subtitle A, Title VI of P.L 111-11, 16 U.S.C. 1015) |
House NR |
DOD: USACE |
Planning Assistance to States |
Water Resources Development Act of 1974 (42 U.S.C. 1962d-16) |
House T&I |
EPA |
|
Clean Water Act, (33 U.S.C. 1251 et seq.) |
House T&I |
Water Quality |
|||
EPA |
The Clean Water Act authorizes extensive water quality planning, studies, and monitoring under the direction primarily of EPA. Many other federal agencies participate, including USGS, NOAA, FWS, and USACE (e.g., §404 of CWA). |
Clean Water Act, (33 U.S.C. 1251 et seq.) |
House SST |
Source: Prepared by the Congressional Research Service.
Notes: a. Department, agency, and committee names and abbreviations are provided in Appendix D.
b. Committees are listed alphabetically by chamber. For information regarding committee jurisdiction and referral rules, see Appendix A. Appendix B and Appendix C present the official language from House Rule X and Senate Rule XXV, respectively, as indicators of congressional jurisdiction over water resources.
Committee jurisdiction is determined by a variety of factors. Paramount are House Rule X and Senate Rule XXV, which designate the subject matter within the purview of each standing committee. House Rule X and Senate Rule XXV, however, are both broadly written and the product of an era in which governmental activity was not as extensive, and relations among policies not as common or intertwined as now. Due to topic omissions and a lack of clarity, as well as overlaps among committees in areas of jurisdiction, the formal provision of the rules is supplemented by an intricate series of precedents and informal agreements governing the referral of legislation. In general, once a measure has been referred to a given committee, it remains the responsibility of that committee; if the measure is enacted into law, amendments to the law are presumed to be within the originating committee's responsibility. Relatedly, bills which are more comprehensive than the measure they amend or supersede are presumed to be within the jurisdiction of the committee reporting the more comprehensive measure. The resultant accretions of subject responsibility greatly broaden the range or shift the scope of jurisdictional subjects assigned to each committee. Several other factors also should be considered in determining committee jurisdiction, although these are not formal or even acknowledged in rules or precedents. These factors may include the expertise of a measure's sponsor, the timing of a bill, or the appropriations subcommittee that considers appropriations requests for the program authorized. Subcommittees are not officially authorized in either the rules of the House or the Senate. Subcommittees are creatures of the full committee that established them. Accordingly, determining official subcommittee jurisdictions is imprecise. Therefore, although some information regarding subcommittee jurisdiction is included in Appendix B and Appendix C, information on subcommittee jurisdiction is not uniformly provided in this report.
In 1974, with the adoption of the Committee Reform Amendments, the House authorized the Speaker to refer measures to more than one committee, in a joint, split, or sequential manner. In 1995, with the rules changes adopted in the 104th Congress, the Speaker could no longer refer measures jointly; he was authorized instead to designate a primary committee. Split and sequential referrals were still allowed. Further, the Speaker could impose time limitations on any committee receiving a referral. In 2003, with the rules changes adopted in the 108th Congress, the Speaker was authorized to refer measures to more than one committee without designation of a primary committee under "exceptional circumstances."
A measure introduced in the Senate, or passed by the House and sent to the Senate, will likely be referred to a Senate committee. Measures are referred to Senate committees in accordance with their official jurisdictions in Senate Rule XXV, and precedents established by prior referrals. A series of formal agreements among committees over time also can supplement Rule XXV, and generally are regarded as setting precedent for future referrals. Ad hoc agreements may be made to govern the consideration of particular measures, but these are not binding on future referrals.
Referral of measures is formally the responsibility of the presiding officer of the Senate, but in practice the Senate parliamentarian advises on bill referrals. Under Senate Rule XVII, in general each measure is referred to a single committee based on "the subject matter which predominates" in the legislation. Predominance usually is determined by the extent to which a measure deals with a subject. However, there appear to be exceptions; most notably, a measure containing revenue provisions is likely to be referred to the Committee on Finance, even where the subject does not appear to predominate.
This section briefly discusses an example of water issues that are either within the jurisdiction of more than one committee or contested among committees. If the issue is clearly within the purview of one panel, it is not addressed in this section.
House Rule X16 identifies several committees to which bills authorizing federal dam construction might be referred. The Natural Resources Committee has jurisdiction over "irrigation and reclamation, including water supply for reclamation projects, and easements of public lands for irrigation projects, and acquisition of private lands when necessary to complete waterirrigation projects."17 As such, it has jurisdiction over most activities of the Bureau of Reclamation (Department of the Interior). The Committee on Transportation and Infrastructure is responsible for "flood control and improvement of rivers and harbors ... ... public works for the benefit of navigation, including bridges and dams (other than international bridges and dams) ... water power." Consequently, most activities of the Army Corps of Engineers fall under the jurisdiction of the House Transportation and Infrastructure Committee. The Committee on Agriculture has jurisdiction over "water conservation related to activities of the Department of Agriculture."
Senate Rule XXV18 also identifies several committees for which bills authorizing federal dam construction might be referred. The Energy and Natural Resources Committee has jurisdiction over "hydroelectric power, irrigation, and reclamation projects," and, hence, most activities of the Bureau of Reclamation; whereas, the Environment and Public Works Committee (EPW) has jurisdiction over "public works, bridges, and dams" and "flood control." Consequently, EPW has jurisdiction over most activities of the Army Corps of Engineers. Additionally, the Agriculture, Nutrition and Forestry Committee has jurisdiction over "soil conservation ... food from fresh waters ... rural development, rural electrification, and watersheds."
As is shown in Table 1, multiple committees in each chamber are principally involved in jurisdiction over dams, which is not readily apparent from perusal of the rules language alone. Private dams must be licensed by the Federal Energy Regulatory Commission, which is under the jurisdiction of the House Energy and Commerce and the Senate Energy and Natural Resources Committeescommittees. Further, several different executive branch departments and agencies are responsible for implementing the laws under the jurisdiction of these committees. This arrangement complicates management of river systems and resources comprising large watershed areas where multiple federal dams are present, such as the Columbia and Colorado River Basins, and the Sacramento and San Joaquin Rivers' delta confluence with San Francisco Bay, and even smaller systems, especially where anadromous fisheries (fish that live in both freshwater and marine environments) are involved.
Table 10found.
Appendix B.
House Rule X Language
Table B-1 includes official excerpts from House Rule X.
Water Jurisdiction
(water jurisdiction)
Committee |
Rule X Language |
Parliamentarian Notes |
Committee Language on Subcommittee Jurisdictiona |
|||
Agriculture |
Agricultural economics and research Inspection of Rural development |
Bills to develop land and water conservation programs on private and |
Subcommittee on Livestock, Dairy, and Poultry (Seafood… Inspection, marketing, and promotion of such commodities; Aquaculture) Rural Development Subcommittee on Conservation and Forestry (resource conservation, forestry) General Farm Commodities and Risk Management (risk management policies and statutes, including Federal Crop Insurance) Subcommittee on Livestock and Foreign Agriculture (seafood,... inspection, marketing, and promotion of such commodities; aquaculture) |
|||
Energy and Commerce |
Consumer affairs and consumer protection Health and health facilities (except health care supported by payroll deductions) Interstate energy compacts Interstate and foreign commerce generally Exploration, production, storage, supply, marketing, pricing, and regulation of energy resources, including all fossil fuels, solar energy, and other unconventional or renewable energy resources Conservation of energy resources Energy information generally The generation and marketing of power (except by federally chartered or Federal regional power marketing authorities); reliability and generation facilities (except the installation of interconnections between Government waterpower projects) General National energy policy generally Public health and quarantine |
This committee formerly had jurisdiction over bills proposing construction of bridges across navigable streams, which now are banned under clause 4 of |
Subcommittee on Subcommittee on Energy Subcommittee on Environment Subcommittee on Health (public
|
Financial Services
|
Insurance generally
|
Bills related to flood insurance Subcommittee on Housing and Insurance (government sponsored insurance programs, including those offering protection against ... flood (including land use controls) |
Foreign Affairs |
The committee has broad jurisdiction over |
|||||
Homeland Security |
Overall homeland security policy Organization Functions of the Department of Homeland Security relating to Transportation security Subcommittee on Border and Maritime Security (port and maritime security; the U.S. Coast Guard) Subcommittee on Cybersecurity and Infrastructure Protection (cybersecurity, infrastructure protection) | Emergency Preparedness, Response, and Communications (oversight of the homeland security grant programs administered by the |
||||
Judiciary |
Interstate compacts, generally |
|||||
Natural Resources |
Fisheries and wildlife, including research, restoration, refuges, and conservation Forest reserves and national parks created from the public domain International fishing agreements Interstate compacts relating to apportionment of waters for irrigation purposes Irrigation and reclamation, including water supply for reclamation projects, and easements of public lands for irrigation projects; and acquisition of private lands when necessary to complete irrigation projects
Marine affairs, including coastal zone management (except for measures relating to oil and other pollution of navigable waters )Oceanography Relations of the U.S. with Native Americans and Native American tribes |
To transfer interest in a National Oceanic and Atmospheric Administration fisheries research laboratory; This committee, and not the Committee on Agriculture, has jurisdiction over a bill to convey land that is part of a National Forest created from the public domain; This committee, and not the Committee on Transportation and Infrastructure, has jurisdiction over a bill addressing a federal water project operated by the Bureau of Reclamation |
Subcommittee on
Subcommittee on
|
|||
geothermal resources) Subcommittee on Water, Power and Oceans (generation |
||||||
Science, Space, and Technology |
All energy research, development, and demonstration, and projects Environmental research and development Marine Commercial application of energy technology National Aeronautics and Space Administration National Weather Service Scientific research, development, and demonstration, and projects |
With four other committees, measures coordinating federal agencies research into |
Subcommittee on Energy
|
|||
Transportation and Infrastructure |
Coast Guard Federal management of emergencies and natural disasters Flood control and improvement of rivers and harbors Inland waterways Inspection of merchant marine vessels Navigation and laws relating thereto, including pilotage Merchant marine (except for national security aspects Oil and other pollution of navigable waters, including inland, coastal, and ocean waters Marine affairs, including coastal zone management, as they relate to oil and other pollution of navigable waters Public works for the benefit of navigation, including bridges and dams (other than international bridges and dams) Transportation, including Water power |
Subcommittee on Coast Guard and Maritime Transportation (U.S. coast Guard; Subcommittee on Economic Development, Public Buildings, and Emergency Management (the Robert T. Stafford Disaster Relief and Emergency Assistance Act [Stafford Act] and the federal management of emergencies and disasters; the Federal Emergency Management Agency [FEMA])
Subcommittee on Water Resources and Environment (water |
||||
Ways and Means |
Ports of entry and delivery |
With the Committee on Natural Resources, amending the Fishermen's Protective Act to authorize the President to prohibit the importation of any product from a country violating an international fishery conservation program |
Source: U.S. Congress, Constitution Jefferson's Manual and Rules of the House of Representatives of the United States One Hundred Twelfth Fourteenth Congress, prepared by John V. Sullivan, 111Thomas J. Wickham, 113th Cong., 2nd sess., May 24, 2011Nov. 14, 2014, H. Doc. 111-157113-181 (Washington: GPO, 2011).
a. 2014).
a. Subcommittees are not officially authorized in either House or Senate rules; they are creatures of the full committee that created them. Accordingly, information on subcommittee jurisdiction is not uniformly provided. Subcommittees are listed here only where subcommittee descriptions have been stipulated in writing by the appropriate committee, including on committee websites.
Table 11C-1 includes official excerpts from Senate Rule XXV.
Water Jurisdiction
(water jurisdiction)
Committee |
Rule XXV Language |
Nominations Handleda |
Committee Language on Subcommittee Jurisdictionb |
Agriculture, Nutrition and Forestry |
Agricultural economics and research Agriculture and agricultural commodities Food from fresh waters Plant industry, soils and agricultural engineering Rural development, rural electrification, and watersheds |
USDA Secretary; Under Secretary for |
Subcommittee on Conservation, Forestry and Natural Resources (conservation, protection Subcommittee on |
Banking, Housing, and Urban Affairs |
Urban development |
HUD Secretary; Assistant Secretary for Community Planning and Development |
Subcommittee on Economic Policy (loan guarantees; flood Subcommittee on Housing, Transportation, and Community Development (HUD; Rural Housing Service; Indian housing |
Commerce, Science, and Transportation |
Coast Guard Coastal zone management Inland waterways, except construction Marine and ocean navigation, safety, and transportation, including navigational aspects of deepwater ports Marine fisheries Merchant marine and navigation Oceans, weather, and atmospheric activities Panama Canal and interoceanic canals generally |
DOC Secretary; Under Secretary for Oceans and Atmosphere/Administrator Department of Homeland Security DOT Secretary; Administrator of Maritime Administration; Administrator of St. Lawrence Seaway Development Corporation Federal Maritime Commission, five positions NASA Administrator; Deputy Administrator |
Subcommittee on Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard Subcommittee on Science and Space Subcommittee on Space, Science, and Competitiveness (oversight on the National Science Foundation, the National Aeronautics and Space Administration, the National Institute of Standards and Technology, the Office of Science and Technology Policy ... ) Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety |
Energy and Natural Resources |
Energy policy Hydroelectric power, irrigation, and reclamation National parks |
DOE Secretary; Deputy Secretary; Assistant Secretary for Electricity Delivery and Energy Reliability; Assistant Secretary for Energy Efficiency and Renewable Energy; Assistant Secretary for Environmental Management DOI Secretary; Deputy Secretary; Assistant Secretary for Fish, Wildlife, and Parks (shared with EPW Committee); Assistant Secretary for Land and Minerals Management; Assistant Secretary for Water and Science; Commissioner of BOR; Director of BLM; Director of Office of Surface Mining Reclamation and Enforcement; Director of NPS; Director of USGS Commissioner of FERC, five positions |
Subcommittee on Energy (global climate change; new technologies research and development;...) Subcommittee on National Parks (Wild and Scenic Rivers System; Land and Water Conservation Fund; outdoor recreation resources)
Subcommittee on Public Lands, Forests, and Mining (public lands administered by the Bureau of Land Management and U.S. Forest Service including farming and grazing thereon, and wilderness areas; ...
Subcommittee on Water and Power (irrigation; reclamation projects, including related flood control purposes; power marketing administrations |
Environment and Public Works |
Environmental Environmental research and development Fisheries and wildlife Flood control and improvements of rivers and harbors, including environmental aspects of deepwater ports Ocean dumping Environmental aspects of Outer Continental Shelf lands Public works, bridges, and dams Water pollution Water resources |
DOI Assistant Secretary for Fish, Wildlife, and Parks (shared with ENR Committee); Director of FWS; Council on Environmental Quality EPA: Administrator, Deputy Administrator, all assistant administrators TVA: nine members; Inspector General Mississippi River Commission: Commissioner, seven positions |
Subcommittee on Clean Air Subcommittee on Subcommittee on Transportation and Infrastructure (Water Resources Development Act Subcommittee on Water and Wildlife (Clean Water Act; Safe Drinking Water Act; Coastal Zone Management Act; invasive species; Endangered Species Act (ESA); fisheries and wildlife; national wildlife refuges; outer continental shelf lands) |
Health, Education, Labor, and Pensions |
Director and Deputy Director for the National Science Foundation |
||
Homeland Security and Governmental Affairs |
Department of Homeland Security: Assistant Administrator for FEMA |
Subcommittee on Federal Spending Oversight and Emergency Management (oversight of the federal emergency and disaster response and preparedness apparatus) |
|
Indian Affairs |
|
HHS: Director for DOI: Assistant Secretary for Indian Affairs |
Source: U.S. Congress, Senate Committee on Rules and Administration, Senate Manual Containing the Standing Rules, Orders, Laws, and Resolutions Affecting the Business of the United States Senate Declaration of Independence Articles of Confederation Ordinance of 1787 and the Constitution of the United States, committee print, prepared by Matthew McGowan, 112113th Cong., 1st sess., January 1, 20112014, S. Doc. 112113-1 (Washington: GPO, 2011).
2014).
a. CRS Report RL30959, Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling Nominations, by [author name scrubbed], Maureen Bearden, and [author name scrubbed].
b. Congressional Yellow Book, vol. 37, n. 4 (Leadership Directories, Inc., Winter 2012). Christopher M. Davis and Michael Greene.
b. Subcommittees are not officially authorized in either House or Senate rules; they are creatures of the full committee that created them. Accordingly, information on subcommittee jurisdiction is not uniformly provided. Subcommittees are listed here only where subcommittee descriptions have been stipulated in writing by the appropriate committee.
AMS |
Agricultural Marketing Service |
||
APA |
Alaska Power Administration |
||
ARS |
Agricultural Research Service |
||
BIA |
Bureau of Indian Affairs |
||
BLM |
Bureau of Land Management |
||
BOR |
Bureau of Reclamation |
||
BPA |
Bonneville Power Administration |
||
DHS |
Department of Homeland Security |
||
DOC |
Department of Commerce |
||
DOD |
Department of Defense |
||
DOE |
Department of Energy |
||
DOI |
Department of the Interior |
||
DOJ |
Department of Justice |
||
DOT |
Department of Transportation |
EDA |
Economic Development Administration |
EPA |
Environmental Protection Agency |
||
ERS |
Economic Research Service |
||
FEMA |
Federal Emergency Management Agency |
||
FERC |
Federal Energy Regulatory Commission |
||
FSA |
Farm Service Agency |
||
FTC |
Federal Trade Commission |
||
FWS |
Fish and Wildlife Service |
||
HHS |
United States Department of Health and Human Services |
||
House Ag |
House Committee on Agriculture |
||
House E&C |
House Committee on Energy and Commerce |
||
House FA |
House Committee on Foreign Affairs |
||
House FS |
House Committee on Financial Services |
||
House HS |
House Committee on Homeland Security |
||
House Judiciary |
House Committee on the Judiciary |
||
House NR |
House Committee on Natural Resources |
||
House SST |
House Committee on Science, Space, and Technology |
||
House T&I |
House Committee on Transportation and Infrastructure |
||
House W&M |
House Committee on Ways and Means |
||
HUD |
Department of Housing and Urban Development |
||
IBWC |
International Boundary and Water Commission |
||
IHS |
Indian Health Service |
||
NASA |
National Aeronautics and Space Administration |
||
NASS |
National Agricultural Statistics Service |
||
NFIP |
National Flood Insurance Program |
NIFA |
National Institute of Food and Agriculture |
NMFS |
National Marine Fisheries Service |
||
NOAA |
National Oceanic and Atmospheric Administration |
||
NPS |
National Park Service |
||
NRCS |
Natural Resources Conservation Service |
||
NSF |
National Science Foundation |
||
NWS |
National Weather Service |
||
PMA |
Power Marketing Administration |
||
RMA |
Risk Management Agency |
||
RUS |
Rural Utilities Service |
||
Senate Ag |
Senate Committee on Agriculture, Nutrition and Forestry |
||
Senate Banking |
Senate Committee on Banking, Housing, and Urban Affairs |
||
Senate CST |
Senate Committee on Commerce, Science, and Transportation |
||
Senate ENR |
Senate Committee on Energy and Natural Resources |
||
Senate EPW |
Senate Committee on Environment and Public Works |
||
Senate Fin |
Senate Committee on Finance |
||
Senate FR |
Senate Committee on Foreign Relations |
||
Senate HELP |
Senate Health, Education, Labor and Pensions |
||
Senate HS |
Senate Committee on Homeland Security and Governmental Affairs |
||
Senate IA |
Senate Committee on Indian Affairs |
||
Senate Judiciary |
Senate Committee on the Judiciary |
||
SEPA |
South Eastern Power Administration |
||
State |
Department of State |
||
SWPA |
South Western Power Administration |
||
Treasury |
Department of the Treasury |
||
TVA |
Tennessee Valley Authority |
||
USACE |
United States Army Corps of Engineers |
||
USCG |
United States Coast Guard |
||
USDA |
United States Department of Agriculture |
||
USFS |
United States Forest Service |
||
USGS |
United States Geological Survey |
||
USTR |
United States Trade Representative |
||
WAPA |
Western Area Power Administration |
Author Contact Information
Acknowledgments
Many CRS analysts and legislative attorneys contributed to this report. In addition to the coauthors, other primary authors and organizers include Nicole Carter and Charlie Stern of Resources, Science, and Industry Division (RSI). Additional CRS analysts and legislative attorneys who contributed to the report include Cynthia Brown of the American Law Division; Elayne Heisler of the Domestic Social Policy Division; Jared Brown of the Government and Finance Division; and Kelsi Bracmort, Peter Folger, Laura Gatz, Pervaze Sheikh, Megan Stubbs, and Harold Upton of RSI. An earlier version of this report was coordinated by Grace Relf, a 2012 CRS research associate.
For other CRS authors and contributors, please see Acknowledgements.
For an early history of federal water resource activities, see Beatrice H. Holmes, A History of Federal Water Resources Programs, 1800-1960, U.S. Department of Agriculture, Economic Research Service, Miscellaneous Publication No. 1233, Washington, DC, June 1972, p. 3.
Acknowledgments
Many CRS analysts and legislative attorneys contributed to this report. Betsy Cody and [author name scrubbed] of the Resources, Science, and Industry (RSI) Division, as well as [author name scrubbed] of the Government and Finance (G&F) Division, are co-authors. Other primary authors and organizers include Nicole Carter and [author name scrubbed] of RSI, and Cynthia Brougher of the American Law Division (ALD). Additional CRS analysts and legislative attorneys who contributed to or peer reviewed the report include [author name scrubbed], Eugene Buck, [author name scrubbed], Pervaze Sheikh, Dennis Shields, Charles Stern, [author name scrubbed], and Harold Upton of RSI, and [author name scrubbed] and [author name scrubbed] of ALD.
1. |
[author name scrubbed], a 2012 CRS research associate, coordinated the development of this report. For other authors and contributors, please see Acknowledgments. |
Citations refer to statutes as amended. |
|
While some agencies administer programs authorized by Congress, others construct, operate, and manage projects or carry out other activities that are not covered by specific programs. Hence, column two of the following tables lists agency activities or functions, and program names, in italics where applicable. |
|
Committees are listed alphabetically by chamber. |
|
Endangered Species Act (16 U.S.C. 1531 et seq.) | |
6. | ; National Environmental Policy Act (42 U.S.C. 4321-4347). |
7. |
U.S. Const. art. I, § |
8. |
U.S. Const. art. I, § |
9. |
See 42 U.S.C. § |
10. |
Winters v. United States, 207 U.S. 564, 575-77 (1908). |
11. |
Id. |
12. |
Cappaert v. United States, 426 U.S. 128, 138 (1976). |
13. |
Clean Water Act, as amended (33 U.S.C. 1251 et seq.). |
14. |
Endangered Species Act, (16 U.S.C. 1531 et seq.). |
15. |
For a discussion of the evolution of federal water research, see National Research Council, Confronting the Nation's Water Problems: The Role of Research, Washington, DC, 2004. |
16. |
U.S. Congress, Constitution Jefferson's Manual and Rules of the House of Representatives of the United States One Hundred |
17. |
Ibid. |
18. |
|