Summary
The U.S. Army Corps of Engineers (USACE) in the Department of Defense undertakes water resources development activities. Its projects maintain navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. Congress directs USACE through authorizations and appropriations legislation. This report summarizes authorization legislation, project delivery, authorities for alternative project delivery, and other USACE authorities.
Authorization Legislation. Congress generally authorizes USACE water resource activities in authorization legislation prior to funding them through appropriations legislation. USACE’s ability to act on an authorization often is determined by funding. Congress typically authorizes numerous new USACE site-specific activities and provides policy direction in an omnibus USACE authorization bill, typically titled a Water Resources Development Act (WRDA). Most project-specific authorizations in WRDAs fall into three general categories: project studies, construction projects, and modifications to existing projects. A few provisions in WRDA bills have time-limited authorizations; therefore, some WRDA provisions may be reauthorizing expired or expiring authorities.
As part of the effort to address investment in the nation’s infrastructure, the 115th Congress is considering S. 3021, America’s Water Infrastructure Act of 2018 (AWIA 2018), which passed the House by voice vote in September 2018. S. 3021 includes not only USACE-related provisions in Title I of the bill (titled as the Water Resources Development Act of 2018) but also provisions related to other agencies’ water infrastructure programs and activities.
From 1986 through 2000, Congress often enacted a WRDA on a roughly biennial schedule. The pattern shifted after 2000; no WRDA bills were enacted in the 107th, 108th, and 109th Congresses. The 110th Congress enacted the Water Resources Development Act of 2007 (P.L. 110-114) in November 2007, overriding a presidential veto. The next omnibus USACE authorization bill, the Water Resources Reform and Development Act of 2014 (WRRDA 2014; P.L. 113-121), was enacted in June 2014. In WRRDA 2014, Congress developed and used new processes for identifying site-specific studies and projects for authorization to overcome concerns related to congressionally directed spending (known as earmarks). The 114th Congress enacted the Water Infrastructure Improvements for the Nation Act (WIIN; P.L. 114-322); Title I of WIIN had the short title of Water Resources Development Act of 2016 (WRDA 2016) and focused on USACE programs and projects.
Standard and Alternative Project Delivery. The standard process for a USACE project requires two separate congressional authorizations—one for studying feasibility and a subsequent one for construction—as well as appropriations for both. Congressional authorization for project construction in recent years has been based on a favorable report by the Chief of Engineers (known as a Chief’s Report) and an accompanying feasibility study. For most activities, Congress requires a nonfederal sponsor to share some portion of study and construction costs. For some project types (e.g., levees), nonfederal sponsors are responsible for operation and maintenance.
WRRDA 2014 and WRDA 2016 expanded the opportunities for interested nonfederal entities, including private entities, to have greater roles in project development, construction, and financing; S. 3021 also contains provisions to expand nonfederal opportunities (e.g., expansion of nonfederal entities advancing funds for USACE projects).
WRRDA 2014 also authorized, through the Water Infrastructure Finance and Innovation Act (WIFIA), a program to provide direct loans and loan guarantees for water projects, including those for navigation, flood risk reduction, and ecosystem restoration, among others. The portion of the WIFIA program administered by the U.S. Environmental Protection Agency is operational.
The USACE WIFIA program, which is focused on water resource projects, has not advanced into implementation. Congress has provided USACE with direction in appropriations report language (e.g., H.Rept. 115-929) to develop its proposal for WIFIA implementation.
Other USACE Activities and Authorities. Congress has granted USACE general authorities to undertake some activities without requiring additional congressional authorization, including emergency actions related to flooding and drought. Additionally, under the National Response Framework, USACE may be tasked with performing activities in response to an emergency or disaster, such as providing temporary roofing and emergency power restoration.
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