Anna E. Normand wrote this CRS Report (23 January 2023): 'Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance'.
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Summary
Congress has authorized and appropriated funding for U.S. Army Corps of Engineers (USACE) environmental infrastructure (EI) assistance for the design and construction of certain infrastructure in specified municipalities, counties, and states. This assistance supports different projects at publicly owned and operated facilities. Projects include construction of water distribution works, stormwater management, surface water protection, and environmental restoration, among others. EI assistance authorities generally fall into one of three categories:
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Section 219 EI. Projects and activities (e.g., design assistance) at specific geographic locations (e.g., city, county, multiple counties) authorized through Section 219 of the Water Resources Development Act of 1992 (WRDA 1992; P.L. 102-580), as amended.
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Non-Section 219 EI Projects. Projects authorized in provisions other than Section 219 of WRDA 1992.
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EI Programs. EI programs authorized for broader geographic areas (e.g., states or regions of states), with eligible types of assistance authorized in various provisions of the authority.
The Congressional Research Service (CRS) reviewed enacted legislation likely to include EI assistance authorities and deauthorization lists to identify 422 EI assistance authorities with cumulative authorizations of appropriations totaling around $12.88 billion. The authorizations of appropriations for these activities vary widely, from $100,000 for a water monitoring station to $1 billion for a seven-state EI program. CRS identified authorized EI assistance in at least 46 states, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the Northern Mariana Islands. CRS did not identify authorities for EI assistance in Iowa, Maine, Nebraska, Rhode Island, or the remaining territories.
USACE evaluates an activity’s eligibility for assistance by identifying whether an EI assistance authorization exists for the project’s geographic area, and whether the proposed work is an eligible type of assistance provided for in the authorization. The authorization’s specifics determine the nature of USACE’s involvement and the nonfederal cost share. USACE is authorized to perform design and/or construction work with USACE funds and, for certain programmatic authorities, may use appropriated funds to reimburse nonfederal sponsors for work they perform. Most USACE EI assistance requires cost sharing at 75% federal and 25% nonfederal, and the nonfederal sponsor—the owner of constructed facilities—is responsible for operations and maintenance. Unlike traditional USACE water resource projects, EI assistance is not subject to the USACE planning process (e.g., it does not require a feasibility study); however, other federal laws apply to EI assistance, including the National Environmental Policy Act.
Congress typically funds EI assistance through USACE’s Construction account in annual Energy and Water Development and Related Agencies appropriations acts. In FY2023, Congress provided $168.5 million for USACE EI assistance authorities. The explanatory statement accompanying Division D of the Consolidated Appropriations Act, 2023 (P.L. 117- 328) included recommendations to fund $130.5 million for EI assistance specifically requested by Members as Community Project Funding or Congressionally Directed Spending proposals (32 requests were funded). In addition, Division N of P.L. 117-328 provided $18.0 million in emergency appropriations for USACE to allocate to EI assistance authorities in an agency work plan and Division A of the Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023 (P.L. 117- 180) provided $20.0 million for EI assistance, which USACE allocated to assistance for Jackson, MS, water and wastewater infrastructure.
Congress may consider whether to amend, add, or deauthorize EI assistance authorities and, if so, how to address those provisions. In the 117th Congress, WRDA 2022 (Division H, Title LXXXI of P.L. 117-263) amended EI assistance authorities and enacted new EI assistance authorities, which provided a combined increase in authorization of appropriations of $6.62 billion. Congress also may consider its support for USACE’s EI assistance activities generally, in view of other federal programs that provide assistance for similar projects and activities. In addition, Congress may consider how to allocate funding among EI assistance authorities, whether based on Member requests, certain criteria, or other considerations. Congress may also consider conducting oversight of USACE’s EI assistance activities and its impacts.
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