Introduction
In the Water Infrastructure Finance and Innovation Act of 2014 (WIFIA 2014, Title V, Subtitle C of P.L. 113-121; 33 U.S.C. §§3901-3914, as amended), Congress authorized the U.S. Army Corps of Engineers (USACE) to provide credit assistance to specified eligible entities, in the form of secured or direct loans, for water resource projects. WIFIA 2014 authorized an analogous program for the U.S. Environmental Protection Agency (EPA) for water projects outside of USACE mission areas (see CRS In Focus IF11193, WIFIA Program: Background and Recent Developments). This Insight focuses on the USACE program, which USACE refers to as the Civil Works Infrastructure Financing Program (CWIFP).
Congress first funded USACE’s program in FY2021 through Division D of the Consolidated Appropriations Act, 2021 (P.L. 116-260). In that act, Congress created a WIFIA account for USACE’s CWIFP and provided $14.2 million―$2.2 million for program administration and $12.0 million to support credit assistance for nonfederal dam safety projects. Congress provided an additional $75.0 million to CWIFP―$11.0 million for program administration and $64.0 million to support credit assistance for nonfederal dam safety projects―in the Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58) enacted in November 2021. In Division D of the Consolidated Appropriations Act, 2022 (P.L. 117-103), Congress provided $7.2 million for FY2022―$2.2 million for program administration and $5.0 million to support credit assistance for nonfederal dam safety projects.
The FY2023 President’s budget requests $10 million for administrative purposes to implement the USACE WIFIA appropriations provided in FY2021 and IIJA. According to a January 2021 USACE CWIFP fact sheet, “a notice of funding availability and call for preliminary applications will follow publication of the program rule.” As of April 2022, USACE had not published the rules for the program.
Introduction
Congress plays a role in the nation’s water resource development through authorization and appropriations of U.S. Army Corps of Engineers (USACE) projects and activities. USACE is a Department of Defense agency that develops civil works projects principally to improve navigable channels, reduce flood and storm damage, and restore aquatic ecosystems.
The Assistant Secretary of the Army for Civil Works (ASACW) provides policy direction and supervision of USACE civil works. A military Chief of Engineers manages USACE’s civil and military missions. USACE’s 38 district offices work with nonfederal project sponsors to develop water resource projects.
Standard USACE project delivery consists of USACE leading the study, design, and construction of authorized projects. Nonfederal project sponsors typically share in study and construction costs, including providing real estate and generally performing operation and maintenance (O&M) for flood risk reduction and ecosystem restoration projects. USACE typically performs O&M for navigation and some multipurpose projects, such as dams. USACE operates more than 700 dams and maintains more than 900 coastal, Great Lakes, and inland harbors, as well as 12,000 miles of inland waterways.
USACE projects typically require two separate congressional authorizations—one for studying feasibility and one for construction—and appropriations for both. This Insight summarizes the USACE authorization and funding processes and provides links to related resources.
Project and Programmatic Authorization
Most USACE projects start with congressional authorization to conduct a feasibility study of a water resource issue. If funded, the feasibility study evaluates alternatives to address the issue and recommends one alternative for construction. The Chief of Engineers then signs a recommendation for project construction (i.e., the Chief’s report) and transmits the completed feasibility study and the Chief’s report to congressional authorizing committees for consideration.
Some projects experience cost or design changes after authorization. If project features or estimated costs change significantly, additional congressional authorization may be necessary to modify the project authorization.
Congress has granted USACE programmatic authorities―Continuing Authorities Programs (CAPs)—that enable USACE and nonfederal sponsors to undertake cost-shared projects of limited scope and cost without requiring project-specific congressional authorization. Congress also has authorized USACE to engage in technical assistance for certain activities, such as flood risk mitigation and watershed studies, and to provide environmental infrastructure assistance for certain publicly owned facilities (e.g., municipal water supply and wastewater collection projects).
Resources on USACE Authorizations
CRS Report R45185, Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes
USACE, “Signed Chief Reports”
CRS In Focus IF11106, Army Corps of Engineers: Continuing Authorities Programs
CRS In Focus IF11184, Army Corps of Engineers: Environmental Infrastructure (EI) Assistance
Water Resources Development Acts
Congress generally authorizes USACE studies, projects, and programs and makes changes to the agency’s policies through omnibus authorization acts, typically titled Water Resources Development Acts (WRDAs). WRDAs generally authorize new activities that are added to the pool of existing authorized activities. Numerous projects authorized for construction in previous WRDAs remain unfunded.
Authorization provisions in WRDAs can be project-specific, programmatic, or general directives. Most project-specific authorizations in WRDAs fall into three general categories: project studies, construction projects, and modifications to existing projects. WRDAs also have established deauthorization processes and/or have deauthorized individual projects.
In Section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. §2282d), Congress established an annual process for nonfederal entities to submit to USACE proposals for site-specific studies and modifications to existing authorizations. The ASACW transmits a report to USACE’s congressional authorizing committees containing the proposals. Congress may authorize new feasibility studies or amend existing authorizations using these Section 7001 reports (e.g., the 2021 and 2022 reports) or other information.
Since the 1980s, Congress generally has considered WRDAs biennially; the timing of enactment has varied. Congress enacted WRDA-type legislation in 2000, 2007, 2014, 2016, 2018, and 2020. Congress enacted WRDA 2020 (Division AA of P.L. 116-260) in December 2020. After WRDA enactment, USACE may develop implementation guidance for some provisions. For example, starting in mid-2021, USACE has been releasing implementation guidance for selected WRDA 2020 provisions. Guidance documents for other provisions remain in development.
Resources on WRDA Considerations
CRS Insight IN11118, Army Corps of Engineers: Section 7001 Annual Report on Future Studies and Projects
USACE, “Report to Congress on Future Water Resources Development”
CRS In Focus IF11322, Water Resources Development Acts: Primer
CRS In Focus IF11700, Water Resources Development Act of 2020
USACE, “WRDA 2020 Implementation Guidance”
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