EPW Committee Unanimously Passes the Water Resources Development Act

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WASHINGTON, D.C. - The Senate Environment and Public Works (EPW) Committee unanimously passed its Water Resources Development Act (WRDA) of 2026 today. Enacted every two years, WRDA authorizes essential U.S. Army Corps of Engineers (USACE) projects. WRDA has a long history of bipartisan passage under regular order. This year's bill includes authorization of the Environmental Protection Agency's (EPA) drinking water and wastewater infrastructure programs.

U.S. Senator Kevin Cramer (R-ND) is the chairman of the Senate EPW Subcommittee on Transportation and Infrastructure, which has jurisdiction over USACE and EPA water infrastructure programs. He highlighted the cooperative spirit necessary to pass WRDA, saying, "Passing the Water Resources Development Act out of our committee unanimously every two years-for over a decade-really is evidence that collaborative legislating still exists in the United States Senate. We should all be optimistic about that. Our bill supports projects across North Dakota like the Eastern North Dakota Alternate Water Supply Project that folks in Fargo and up and down the Red River Valley are very familiar with, and the Williston Levee, while also authorizing water infrastructure programs North Dakota, our tribes, and rural townships rely on. Our WRDA really does some wonderful things besides authorizing spending, it also cuts red tape within the Corps itself and for the states and communities coordinating with them. I'm really grateful and pleased our committee has kept WRDA a priority and delivered a bipartisan product to the Senate for final passage."

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Supporting North Dakota Projects

Authorized USACE projects across North Dakota are supported in the 2026 WRDA. It extends the authority of the Secretary of the Army to provide operation and maintenance assistance for the Devils Lake Flood Risk Reduction Project. To support water supply from the McClusky Canal, including the Eastern North Dakota Alternate Water Supply Project, this WRDA expresses the Sense of Congress the Secretary should ensure updates to the water control manual for Snake Creek Embankment and Lake Audubon Reservoir maintain the water levels necessary to support authorized purposes, including municipal and industrial water supplies.

Additionally, it directs the Secretary to coordinate with federal, state, and local agencies when carrying out activities related to the Williston Levee, as well as expedite any activities to address risks associated with the levee. The bill also addresses hurdles private landowners face when their property is adjacent or surrounded by USACE land, encouraging the Corps to facilitate better access for property owners.

Reforming USACE Review Processes

The USACE Section 408 program allows companies, individuals, and state governments to modify a USACE project, however, the application process is cumbersome. The 2026 WRDA alleviates these challenges by making the Corps set clear metrics and deliverable timelines for applicants, providing greater certainty and transparency. Similarly, it also directs the USACE to establish a categorical exclusion within 180 days for those Continuing Authorities Programs and Environmental Infrastructure, substantially streamlining projects with a federal cost share of $50 million or less.

Allowing Aquifer Exemption for Class VI Wells

This year's WRDA includes language directing the EPA to update regulations regarding Class VI aquifer exemptions. Current EPA regulations allow for exemptions other than Class VI when the criteria does not meet an underground source of drinking water. The language will eliminate a barrier contributing to delays for the widespread adoption of carbon capture, utilization, and storage technologies important to the future of coal and oil operations across the state.

Strengthening Water Infrastructure Programs

In a boost to rural water systems, this year's WRDA authorizes and strengthens three key water infrastructure programs through Fiscal Year (FY) 2030 beginning with the Drinking Water State Revolving Loan Fund, authorized at $3.75 billion and increasing by $500 million each year through FY 2030. Similarly, the Clean Water State Revolving Fund is authorized at $3.5 billion, an increase of $250 million annually. Since 2022, North Dakota has received over $386 million.

WRDA also authorizes $26 million annually for Technical Assistance to Small Public Water Systems, which is critically important to help rural water systems across North Dakota comply with EPA regulations. It further assists North Dakotan communities by continuing an EPA grant program to assist publicly owned water systems and treatment works in rural areas, or areas experiencing critical water supply needs to design, construct, or maintain digital infrastructure technology.

Supporting Recreation

WRDA 2026 supports recreation areas in North Dakota by making the terrestrial noxious weeds program permanent and authorizing $75 million through 2031 to combat invasive species. It also requires the secretary of the Army to brief Congress on the implementation status of a 2024 WRDA provision directing up to 80% of recreation fees to the USACE sites at which they are collected for operations and maintenance.

Ensuring Dam and Levee Safety

North Dakota is home to hundreds of dams and levees, and this year's WRDA authorizes important safety programs. Specifically, it extends the authorization of appropriations through FY 2031 for the Levee Safety Initiative assistance to states, tribes, and other entities to establish a levee safety program. It authorizes $60 million for the High Hazard Potential Dam Rehabilitation Program through FY 2031 and amends section 14 of the National Dam Safety Program Act to clarify the funding allocation requirements.