{ "id": "R45185", "type": "CRS Report", "typeId": "REPORTS", "number": "R45185", "active": true, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 597055, "date": "2019-04-19", "retrieved": "2019-12-20T19:23:37.718303", "title": "Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes", "summary": "At the direction of Congress, the U.S. Army Corps of Engineers (USACE) in the Department of Defense (DOD) undertakes water resource development activities. USACE develops civil works projects principally to improve navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. Congress directs USACE through authorizations and appropriations legislation. Congress often considers USACE authorization legislation biennially and appropriations annually. USACE attracts congressional attention because its projects can have significant local and regional economic benefits and environmental effects. This report summarizes authorization legislation, project delivery, authorities for alternative project delivery, and other USACE authorities.\nAuthorization Legislation. For USACE studies and projects, congressional study and project authorization generally is required prior to being eligible for federal appropriations. Congress generally considers an omnibus USACE authorization bill biennially. The bill is typically titled a Water Resources Development Act (WRDA). Agency action on an authorization typically requires funding; that is, both an authorization and an appropriation would be needed to proceed. Most water resource project 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 reauthorize expired or expiring authorities. Recent authorization bills include:\nAmerica\u2019s Water Infrastructure Act of 2018 (AWIA 2018; P.L. 115-270), which included Title I, Water Resources Development Act of 2018 (WRDA 2018) which focused on USACE civil works;\nWater Infrastructure Improvements for the Nation Act (WIIN; P.L. 114-322), which included Title I ,Water Resources Development Act of 2016 (WRDA 2016) which focused on USACE civil works; and\nWater Resources Reform and Development Act of 2014 (WRRDA 2014; P.L. 113-121), which was largely, but not wholly, focused on USACE civil works.\nIn WRRDA 2014, Congress developed processes for identifying site-specific studies and projects for authorization to overcome concerns related to congressionally directed spending (known as earmarks). Congress also used these processes for WRDA 2016 and WRDA 2018.\nStandard and Alternative Project Delivery. The standard process for a USACE project requires two separate congressional authorizations\u2014one for studying feasibility, and a subsequent one for construction\u2014as well as appropriations for both. In recent years, congressional authorization for project construction has been based on a favorable report by the Chief of Engineers (a Chief\u2019s report) and an accompanying feasibility report. For most activities, Congress requires a nonfederal sponsor to share some portion of study and construction costs. For some project types (e.g., local flood control), nonfederal sponsors are responsible for operation and maintenance.\nWRRDA 2014, WRDA 2016, and WRDA 2018 expanded the opportunities for interested nonfederal entities, including private entities, to have greater roles in project development, construction, and financing. 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. Although the WIFIA program administered by the U.S. Environmental Protection Agency is operational, the USACE WIFIA program for navigation, flood risk reduction, and ecosystem restoration projects has not been implemented. \nOther 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 limited actions in response to drought. Additionally, under the National Response Framework, USACE may be tasked with performing activities in response to an emergency or disaster, principally associated with public works and engineering such as providing temporary roofing and emergency power restoration. In addition to its work for the Department of the Army under USACE\u2019s military program, USACE under various authorities also may perform work on a reimbursable basis for other DOD entities, federal agencies, state and local governments, and foreign governments (e.g., USACE manages the construction of multiple border barrier projects on a reimbursable basis for Customs and Border Protection).", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R45185", "sha1": "17b2d95ab9640bf0d35ca8d5cf8902167da5f29d", "filename": "files/20190419_R45185_17b2d95ab9640bf0d35ca8d5cf8902167da5f29d.html", "images": { "/products/Getimages/?directory=R/html/R45185_files&id=/0.png": "files/20190419_R45185_images_113b1b2a901454d3df4723749e282923c62e4455.png" } }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R45185", "sha1": "70cb28581bb8fe5a6b9c232540cc52a60b466ae0", "filename": "files/20190419_R45185_70cb28581bb8fe5a6b9c232540cc52a60b466ae0.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4909, "name": "Water Resource Management" } ] }, { "source": "EveryCRSReport.com", "id": 585663, "date": "2018-09-25", "retrieved": "2019-04-18T13:42:17.162121", "title": "Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes", "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. \nAuthorization Legislation. Congress generally authorizes USACE water resource activities in authorization legislation prior to funding them through appropriations legislation. USACE\u2019s 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. \nAs part of the effort to address investment in the nation\u2019s infrastructure, the 115th Congress is considering S. 3021, America\u2019s 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\u2019 water infrastructure programs and activities. \nFrom 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.\nStandard and Alternative Project Delivery. The standard process for a USACE project requires two separate congressional authorizations\u2014one for studying feasibility and a subsequent one for construction\u2014as 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\u2019s 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.\nWRRDA 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). \nWRRDA 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. \nOther 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.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R45185", "sha1": "196f14ad145ebab3f399de46e78a55f8fa0efe7a", "filename": "files/20180925_R45185_196f14ad145ebab3f399de46e78a55f8fa0efe7a.html", "images": { "/products/Getimages/?directory=R/html/R45185_files&id=/0.png": "files/20180925_R45185_images_113b1b2a901454d3df4723749e282923c62e4455.png" } }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R45185", "sha1": "990e01ec53163faf10423b14890dd40a4bfe6fdd", "filename": "files/20180925_R45185_990e01ec53163faf10423b14890dd40a4bfe6fdd.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4909, "name": "Water Resource Management" } ] }, { "source": "EveryCRSReport.com", "id": 584148, "date": "2018-06-01", "retrieved": "2018-08-29T15:23:57.995306", "title": "Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes", "summary": "The U.S. Army Corps of Engineers (USACE) in the Department of Defense undertakes water resources development activities. Its projects primarily are to 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, the standard project delivery process, authorities for alternative water resource project delivery, and other USACE authorities. \nAuthorization Legislation. Congress generally authorizes USACE water resource activities in authorization legislation prior to funding them through appropriations legislation. USACE\u2019s 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. In 2018, USACE identified a $96 billion backlog of authorized construction projects. \nAs part of the effort to address investment in the nation\u2019s infrastructure, the 115th Congress is considering two water authorization bills: H.R. 8, Water Resources Development Act of 2018 (WRDA 2018) and S. 2800, America\u2019s Water Infrastructure Act of 2018 (AWIA 2018). H.R. 8 is focused on authorizing USACE water resource projects. S. 2800 includes not only USACE-related provisions but also provisions related to other agencies\u2019 water infrastructure programs and activities. For more information on H.R. 8 and S. 2800, see CRS Report R45212, Water Authorization Legislation in Brief: H.R. 8 and S. 2800, by Nicole T. Carter and Mary Tiemann.\nFrom 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.\nStandard and Alternative Project Delivery. The standard process for a USACE project requires two separate congressional authorizations\u2014one for studying feasibility and a subsequent one for construction\u2014as 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\u2019s 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 own the completed works after construction and are responsible for operation and maintenance.\nWRRDA 2014 and WRDA 2016 expanded the opportunities for interested nonfederal entities, including private entities, to have greater roles in project development, construction, and financing. 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. Although the portion of the WIFIA program administered by the U.S. Environmental Protection Agency is operational, the USACE WIFIA program, which was focused more on water resource projects, has not been funded.\nOther USACE Activities and Authorities. Congress has granted USACE general authorities to undertake some studies, small projects, technical assistance, and emergency actions related to flooding and drought without requiring additional congressional authorization. Additionally, under the National Response Framework, USACE may be tasked with performing activities in response to an emergency or disaster, such as emergency power restoration.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R45185", "sha1": "9c92aeca98e8f0cebbd1352c80e9321b31c0914a", "filename": "files/20180601_R45185_9c92aeca98e8f0cebbd1352c80e9321b31c0914a.html", "images": { "/products/Getimages/?directory=R/html/R45185_files&id=/0.png": "files/20180601_R45185_images_113b1b2a901454d3df4723749e282923c62e4455.png" } }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R45185", "sha1": "8466fc563b4f7c25a9e3bed744ebe506ff3f947b", "filename": "files/20180601_R45185_8466fc563b4f7c25a9e3bed744ebe506ff3f947b.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4909, "name": "Water Resource Management" } ] }, { "source": "EveryCRSReport.com", "id": 580730, "date": "2018-04-30", "retrieved": "2018-05-10T10:16:19.234194", "title": "Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes", "summary": "The U.S. Army Corps of Engineers (USACE) in the Department of Defense undertakes water resources development activities. Its projects primarily are to maintain navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. Congress directs USACE through authorizations and appropriations legislation. This report summarizes congressional authorization legislation, the standard project delivery process, authorities for alternative water resource project delivery, and other USACE authorities. \nAuthorization Legislation. Congress generally authorizes USACE water resource activities in authorization legislation prior to funding them through appropriations legislation. USACE\u2019s 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. In 2018, USACE identified a $96 billion backlog of authorized construction projects. As USACE starts only a few construction projects in a fiscal year (e.g., five in FY2018), numerous projects authorized for construction in previous WRDAs remain unfunded.\nFrom 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. Several factors contributed to the lack of WRDAs in these Congresses, including disagreements over whether to change how USACE plans and constructs projects and over the effect of additional project authorizations and policy changes on both spending and the backlog of USACE authorized construction projects. 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 the bill had the short title of Water Resources Development Act of 2016 (WRDA 2016).\nStandard and Alternative Project Delivery. The standard process for a USACE project requires two separate congressional authorizations\u2014one for studying feasibility and a subsequent one for construction\u2014as 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\u2019s Report) and an accompanying feasibility study. For most activities, Congress requires a nonfederal sponsor to share some portion of study and construction costs. Cost-sharing requirements vary by type of project. For some project types (e.g., levees), nonfederal sponsors own the completed works after construction and are responsible for operation and maintenance.\nAs nonfederal entities have become more involved in USACE projects and their funding, they have expressed frustration with the time it takes USACE to complete projects. 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. 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. Although the portion of the WIFIA program administered by the U.S. Environmental Protection Agency is operational, the USACE WIFIA program, which was focused more on water resource projects, has not been funded.\nOther USACE Activities and Authorities. Although most USACE projects are developed under the standard project development process, exceptions exist. Congress has granted USACE general authorities to undertake some studies, small projects, technical assistance, and emergency actions (e.g., flood fighting, repair of damaged levees, and limited drought assistance). Additionally, under the National Response Framework, USACE may be tasked with performing activities in response to an emergency or disaster, such as emergency power restoration.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R45185", "sha1": "c9001b344815c7a65e8600693bfe9a276409ee5a", "filename": "files/20180430_R45185_c9001b344815c7a65e8600693bfe9a276409ee5a.html", "images": { "/products/Getimages/?directory=R/html/R45185_files&id=/0.png": "files/20180430_R45185_images_113b1b2a901454d3df4723749e282923c62e4455.png" } }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R45185", "sha1": "477beca6030302e9c65ba0c46efe7dec7e3a0f5e", "filename": "files/20180430_R45185_477beca6030302e9c65ba0c46efe7dec7e3a0f5e.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4909, "name": "Water Resource Management" } ] } ], "topics": [ "Appropriations", "Energy Policy", "Environmental Policy" ] }