On June 25th, the Senate easily passed a “minibus” appropriations bill which includes funding for Energy & Water Development and Related Agencies Appropriations bill, and will fund the Department of Energy, Army Corps of Engineers and other agencies $43.8 billion in FY19. The Army Corps of Engineers would receive $6.93 billion, which is $350 million less than the House-passed bill, but $100 million above FY18 levels.

On June 8th, the House passed its “minibus” bill the FY19 Energy & Water Development and Related Agencies Appropriations bill, which totals $44.7 billion in funding – which is a $1.5 billion above the FY18 enacted level and $8.17 above the President’s budget and contains language repealing an Obama-era regulation that defines which waters and wetlands fall under Clean Water Act Provisions – the Waters of the United States (WOTUS) rule.  The legislation also includes funding for the Army Corps of Engineers ($7.28 billion), an increase of $451 million over the FY18 enacted level—and includes an effort to help increase the functionality of our ports and waterways.  This includes $1.6 billion from the Harbor Maintenance Trust fund and full use of estimated annual revenues from the Inland Waterway Trust.

The Senate language notably does not contain language repealing WOTUS, even though a last minute vote on an attempted amendment was forced.  The amendment failed, and the minibus passed by a wide margin of 86-5.

House and Senate Conference Committee members will now meet to iron out the differences between the two bills before sending a final bill to the President to be signed into law.  Conferees are expected to be named shortly.