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Wednesday, November 6, 2013

Wildfire Management: Federal Funding and Related Statistics


Kelsi Bracmort
Specialist in Agricultural Conservation and Natural Resources Policy

Wildfires can have beneficial and harmful impacts on ecosystems (e.g., by reducing fuel loads, or by damaging communities and timber resources). These impacts are generally measured and discussed based on the priorities of humans in these ecosystems. Federal resources are typically deployed during wildfire season—an annual occurrence of intense wildfire activity—to help manage wildfires and potentially minimize some of the impacts, including the loss of life and property. The primary agencies for federal wildfire response are the Forest Service and the Department of the Interior. Federal wildfire response activities involve preparedness, suppression, fuel reduction, site rehabilitation, and more.

More than 9.3 million acres burned during the 2012 wildfire season, which was the third-largest acreage burned annually since 1960. The total amount of wildfire management (WFM) appropriations for 2012 was more than $2.8 billion, not including an additional $407.5 million appropriated in 2013 to repay 2012 WFM wildfire suppression accounts. Over the last five years, WFM appropriations on average have steadily increased relative to earlier years. This leads some to question whether federal resources for wildfire management are being used efficiently. This report provides wildfire management statistics (e.g., number of wildfires, acres burned, select state wildfire activity, firefighter personnel), presents WFM appropriations from fiscal years 2008 to the present, and discusses two related issues—wildfire suppression funding estimation and air tanker readiness.

Date of Report: October 22, 2013
Number of Pages: 18
Order Number: R43077
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Tuesday, November 5, 2013

Firearms at Army Corps Water Resources Projects: Proposed Legislation and Issues for Congress


Nicole T. Carter
Specialist in Natural Resources Policy

As part of its civil works mission, the U.S. Army Corps of Engineers manages water resource projects. Areas behind and below Corps dams, and Corps navigation locks and their pools, are popular recreation sites, attracting 370 million visits annually. Corps projects include some of the most densely used federal recreation sites. Currently, 36 C.F.R. Section 327 sets out the regulations for public use of Corps projects. Section 327.13 generally prohibits possession of loaded firearms by private (i.e., non-law enforcement) individuals at Corps-administered projects unless they are being used for hunting at designated sites (with devices required to be unloaded while transported to and from the sites) or at authorized shooting ranges. The regulation applies at projects regardless of their location in states allowing open or concealed carry of loaded firearms.

Proposed legislation—H.R. 2046, the Recreational Lands Self-Defense Act; Section 113 of H.R. 2609, the Energy and Water Development and Related Agencies Appropriations Act of FY2014 (which are all substantively similar); Section 103 of S. 1335, the Sportsmen’s Act; and an amendment proposed, but not adopted, during Senate floor consideration of S. 601, the Water Resources Development Act—would bar the Secretary of the Army from promulgating or enforcing regulations that prohibit individuals from possessing firearms (including assembled or functional firearms) at Corps projects. The proposed language would require firearms possession to comply with state law. Supporters see it as addressing a patchwork of regulations restricting firearms on federal lands, as providing consistency for open and concealed firearms possession within a state, and as facilitating recreational shooting and self-defense. They argue that enactment would result in Corps policies consistent with Section 512 of P.L. 111-24, which made it legal for individuals to possess firearms at National Park Service (NPS) and National Wildlife Refuge System (NWRS) units of the Department of the Interior (DOI). Other stakeholders are concerned that the legislation as proposed may produce unintended public safety and infrastructure security issues.

The issue for Congress is not only possession and use of loaded firearms but also maintaining public safety and infrastructure security at Corps projects.

  • Critical facilities security: Proposed legislation does not explicitly provide authority to restrict firearms at Corps facilities (e.g., dams) or in specifically designated areas. 
  • Public safety and law enforcement: No armed federal law enforcement officers are commissioned for public safety and security purposes at Corps projects. Corps rangers issue citations for regulatory violations and are not allowed to carry firearms. Most law enforcement is provided by local and state personnel. 
A safety, security, and cost and benefit assessment related to altering firearms possession and use at Corps projects has not been performed. DOI’s Bureau of Reclamation is faced with similar safety and security issues at its water resource projects. It allows possession of firearms on Reclamation lands and waterbodies (e.g., reservoirs behind dams) when such possession complies with federal, state, and local law; hunting is similarly allowed unless an area has been closed for public use or has been designated as a special use area. Firearms are restricted at Reclamation facilities (e.g., dams and buildings). DOI and Reclamation use multiple authorities and mechanisms to provide for armed and unarmed law enforcement and public safety and security.

Date of Report: October 22, 2013
Number of Pages: 11
Order Number: R42602
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Wednesday, October 23, 2013

Army Corps of Engineers Water Resource Authorization, Appropriations and Activities


Nicole T. Carter
Specialist in Natural Resources Policy

Charles V. Stern
Specialist in Natural Resources Policy

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

Omnibus Authorization Legislation.
Congress generally authorizes numerous Corps activities and provides policy direction in an omnibus Corps authorization bill, typically called the Water Resources Development Act (WRDA). The most recent WRDA was enacted in 2007 (P.L. 110- 114). WRDAs historically are omnibus bills including many provisions for site-specific activities. How to construct a WRDA bill that complied with House rules related to a moratorium on earmarks complicated WRDA consideration in the 112
th Congress. The House is set to consider the omnibus Corps authorization and policy bill, H.R. 3080, the Water Resources Reform and Development Act (WRRDA).

The Senate passed WRDA 2013, S. 601, on May 15, 2013. S. 601 would authorize Corps activities and modifications of existing authorizations that meet certain criteria; the bill includes numerous other provisions as it attempts to address issues with the duration and cost of Corps projects. The bill also would establish new procedures for using Harbor Maintenance Trust Fund monies, in an effort to expand spending above current levels. 

Agency Appropriations.
Federal funding for Corps civil works activities is provided in annual Energy and Water Development appropriations acts or supplemental appropriations acts. Annual Corps civil works appropriations have ranged from $4.5 billion to $5.5 billion in the last decade. An increasing share of the agency’s appropriations is used for operations and maintenance. Another trend has been increasing emergency supplemental appropriations. From 1987 to 2013, Congress appropriated $32.2 billion in Corps supplemental funding. Of this funding, $30.8 billion came through acts passed between 2003 and 2013. This funding was more than half of the Corps’ regular appropriations from 2003 through 2013 ($55 billion). In part because of competition for funds and because Corps authorizations outpace appropriations, many authorized activities have not received appropriations. There is a backlog of more than 1,000 authorized studies and construction projects. In recent years, few new studies and new construction activities have been in either the President’s budget request or enacted appropriations. 

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

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

Date of Report: October 18, 2013
Number of Pages: 25
Order Number: R41243
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