From Anna E. Normand comes this CRS report (22 June 2022): 'Army Corps of Engineers (USACE) Environmental Infrastructure (EI) Assistance: Authorities, Appropriations, and Issues for Congress'.
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Summary
Congress has authorized and appropriated funding for U.S. Army Corps of Engineers (USACE) environmental infrastructure (EI) assistance. EI assistance is authorized and appropriated for the design and construction of certain infrastructure in specified municipalities, counties, and states. This assistance supports publicly owned and operated facilities, such as water distribution works, stormwater collection, surface water protection projects, and environmental restoration projects, among others. EI assistance generally falls into one of three authorization 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.
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.
The Congressional Research Service (CRS) reviewed enacted legislation likely to include EI assistance authorities and deauthorization lists to identify over 280 EI assistance authorities with cumulative authorizations of appropriations totaling around $6.18 billion. The authorizations of appropriations for these activities vary widely, from $100,000 for a water monitoring station to $585 million for a seven-state EI program. CRS identified authorized EI assistance in at least 42 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and the Northern Mariana Islands. CRS did not identify authorities for EI assistance in Delaware, Hawaii, Iowa, Maine, Massachusetts, Nebraska, Rhode Island, Washington, and other territories.
Unlike traditional USACE water resource projects, EI assistance is not subject to the USACE planning process (e.g., it requires no feasibility study); however, EI assistance is subject to federal laws, such as the National Environmental Policy Act. 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 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.
Congress typically funds EI assistance through USACE’s Construction account in annual Energy and Water Development and Related Agencies appropriations acts. Congress provided $99.5 million for USACE to allocate among EI assistance authorities for FY2022. The explanatory statement accompanying Division D of the Consolidated Appropriations Act, 2022 (P.L. 117-103), included recommendations to (1) fund 22 EI assistance authorities specifically requested by Members as Community Project Funding or Congressionally Directed Spending proposals and (2) provide $13 million for USACE to allocate to EI assistance authorities in the agency’s work plan. In FY2022, Congress also provided $200.0 million for EI assistance authorities in Division J, Title III, of the Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58).
Congress may consider whether to amend or add EI assistance authorities and, if so, how to address those provisions. During the earmark moratorium in the 112th-116th Congresses, Congress did not enact new EI assistance authorization authorities; rather, it amended existing authorities, which were first proposed by nonfederal sponsors. In the 117th Congress, both proposed WRDA 2022 bills, S. 4136 (as reported) and H.R. 7776 (as passed by the House), would amend EI assistance authorities and would enact new EI assistance authorities. The provisions in the two bills differ widely in the authorization of appropriations, eligible geographic areas, and type or types of projects eligible for assistance. Although H.R. 7776 would authorize more EI assistance than S. 4136 ($5.52 billion and $1.46 billion, respectively), both bills would authorize appropriations amounts greater than amounts Congress authorized in the USACE authorization bills enacted in 2016, 2018, and 2020. 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.
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