Army Corps Supplemental Appropriations:
Recent History, Trends, and Policy Issues
Charles V. Stern
Specialist in Natural Resources Policy
Nicole T. Carter
Specialist in Natural Resources Policy
November 29, 2012
Congressional Research Service
7-5700
www.crs.gov
R42841
CRS Report for Congress
Prepared for Members and Committees of Congress
Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
Summary
Under its civil works program, the U.S. Army Corps of Engineers plans, builds, operates, and
maintains a wide range of water resources facilities. The Corps also plays a prominent role in
responding to domestic natural disasters, in particular riverine and coastal flooding events. The
Corps can assist in flood fighting at the discretion of its Chief of Engineers in order to protect life
and property, principally when state resources are overwhelmed. The Corps is also authorized to
protect and repair its own facilities in the event of flooding, and to operate a program, the
Rehabilitation and Inspection Program (RIP), that funds the repair of participating nonfederal
flood control works (e.g., levees, dams, dunes) damaged by flooding events. Repairs under this
program are funded by the Corps’ Flood Control and Coastal Emergencies (FCCE) account. The
Corps also undertakes a variety of other activities at the request of FEMA under the National
Response Framework, which are outside the scope of this report.
In recent years a number of natural disasters have required Corps response and repair activities
with costs running into the billions. Congress provided most of these funds through supplemental
appropriations. Over the 10-year period FY2003 to FY2012, Congress appropriated $25.5 billion
in supplemental funding for the Corps through 12 supplemental appropriations acts (including
P.L. 111-5, or ARRA). This was approximately half of the total amount received by the Corps in
annual appropriations over the same period. Of the $25.5 billion, about $21 billion (82%) was for
actions to respond to riverine and coastal flooding or other natural disasters. The majority of this
funding was for response and repair related to Hurricane Katrina and the 2005 storm season ($16
billion). In addition to the disaster funding, Congress provided the Corps with non-disaster related
supplemental funds, including $4.6 billion under the American Recovery and Reinvestment Act
(P.L. 111-5) and $39 million for facility security and other expenditures.
Hurricane Sandy’s impact on the East Coast is raising questions about how to fund Corps natural
disaster response and recovery activities, including infrastructure investments in hurricane and
flood protection. This report summarizes recent trends in supplemental funding for the Corps,
particularly related to natural disasters. It provides summary data and analysis on Corps funding
over the last 10 years and includes a general discussion of how the Corps funds emergency
actions at its own facilities and elsewhere.
Congressional Research Service
Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
Contents
Introduction...................................................................................................................................... 4
Funding of Corps Emergency Activities .......................................................................................... 4
Accounts .................................................................................................................................... 5
Flood Control and Coastal Emergencies (FCCE)Account .................................................. 5
Operation and Maintenance (O&M) Account ..................................................................... 5
Mississippi River and Tributaries (MR&T) Account .......................................................... 5
Construction Account .......................................................................................................... 6
Analysis of Corps Supplemental Appropriations............................................................................. 6
2005 Hurricanes......................................................................................................................... 8
Other Flooding/Natural Disasters .............................................................................................. 9
Other Supplementals: ARRA and Facility Security................................................................. 10
Observations on Corps Supplemental Funding ....................................................................... 10
Post-Disaster Infrastructure Investments........................................................................... 10
Regularity of Natural Disaster Activities .......................................................................... 10
Transparency of Natural Disaster Funding........................................................................ 11
Nonfederal Cost Sharing of Natural Disaster Expenses .................................................... 11
Concluding Remarks ..................................................................................................................... 12
Figures
Figure 1. Corps Supplemental Appropriations Comparison ............................................................ 9
Tables
Table 1. Corps Supplemental Appropriations, 2003-2012 ............................................................... 7
Table A-1. Breakdown of Natural Disaster Allocations................................................................. 13
Appendixes
Appendix. Natural Disaster Allocations by Location .................................................................... 13
Contacts
Author Contact Information........................................................................................................... 14
Congressional Research Service
Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
Introduction
Under its civil works program, the U.S. Army Corps of Engineers (hereinafter referred to as the
Corps) plans, builds, operates, and maintains a wide range of water resources facilities. The Corps
also undertakes flood fighting activities and other natural disaster response activities at its water
resource facilities and for other flooded areas and flood-damaged structures. These emergency
activities have been authorized by Congress, and have generally been funded by supplemental
appropriations, which in recent years has been significant relative to annual Corps appropriations.
Since 2003, Congress has appropriated approximately $51 billion to the Corps for annual
appropriations, and has provided an additional $25.5 billion to the Corps in supplemental
appropriations. Hurricane Sandy’s impact on the East Coast is raising questions about how to
fund Corps natural disaster response and recovery activities, including infrastructure investments
in hurricane and flood protection.
This report provides analysis of Corps supplemental funding since 2001. Its focus is supplemental
funding provided directly to the Corps. Separately, the Federal Emergency Management Agency
(FEMA) has extensive authority to assist and coordinate disaster response actions under the
National Response Framework, and receives significant regular and supplemental appropriations
for this work.1 While the Corps performs work under some mission assignments for FEMA (i.e.,
funded by FEMA, under FEMA’s direction), that work is not considered in this report.
For more information on Corps flood policy and recent storms, including Hurricane Sandy, see
CRS Report R42803, Federal Involvement in Flood Response and Flood Infrastructure Repair:
Hurricane Sandy Recovery, by Nicole T. Carter. For more on regular (i.e., non-supplemental)
Corps appropriations, see CRS Report R42498, Energy and Water Development: FY2013
Appropriations, coordinated by Carl E. Behrens.
Funding of Corps Emergency Activities
Congress authorized the Corps in the Flood Control Act of 1941 (33 U.S.C. 701n) to assist in
flood fighting and flood response. The Corps can assist in flood fighting at the discretion of its
Chief of Engineers in order to protect life and property, principally when state resources are
overwhelmed. Congress also authorized the Corps to operate the Rehabilitation and Inspection
Program (RIP, also known as the P.L. 84-99 program) to fund the repair of participating
nonfederal flood control works (e.g., levees, dams, dunes) damaged by natural events. Repairs
under this program are funded by the Corps’ Flood Control and Coastal Emergencies (FCCE)
account. Congress has also directed the Corps to use supplemental funds to repair and rebuild
federally owned flood control and other projects (e.g., navigation projects) through the agency’s
Operation and Maintenance (O&M) and Construction accounts.
In the event of an emergency, Congress has given the Secretary of the Army (generally delegated
to the Assistant Secretary of the Army (Civil Works)) discretion to transfer from existing
appropriations the monies necessary for the emergency work referenced above, until funds
become available in the applicable account through supplemental appropriations or other
1
For more on FEMA’s coordinating role, see CRS Report R41981, Congressional Primer on Major Disasters and
Emergencies, by Francis X. McCarthy and Jared T. Brown.
Congressional Research Service
4
Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
avenues.2 In recent floods, the Corps has exercised this authority to transfer regular annual
appropriations from ongoing projects (i.e., projects funded by regular appropriations) to pay for
emergency actions. The Corps then internally reimburses itself for this funding once supplemental
appropriations are available.
Corps Role in Responding to Hurricane Sandy
The Corps has mobilized significant resources to respond to Hurricane Sandy under its two primary disaster
authorities (the Flood Control Act of 1941 and mission assignments from FEMA under the Stafford Act, as discussed
above). To date, the Corps has been involved in clearing debris from ports, waterways, and coastal areas in New
York, New Jersey, and Delaware. The Corps also reports that planning response teams are assisting with debris
management, infrastructure assessment, de-watering/pumping, repairing critical public facilities, and several other
activities. Estimated costs for activities are not yet available, but are likely to be significant. Additionally, the portion of
these Corps activities that will be responsibility of the Corps and FEMA to fund, respectively, has yet to be
determined. As noted above, it is expected that FEMA will be responsible for reimbursing the Corps for certain costs
in assigned mission areas under the National Response Framework.
Accounts
The majority of natural disaster-related supplemental appropriations generally are placed into one
of the following four Corps budget accounts based on the type of activity funded.
Flood Control and Coastal Emergencies (FCCE)Account
The FCCE account is the primary account through which the Corps funds disaster-related
activities. The primary activities funded under FCCE are flood fighting (e.g., sandbagging) and
emergency preparedness and response, and repair of damaged nonfederal flood and hurricane
protection projects (i.e., RIP activities).
Operation and Maintenance (O&M) Account
The O&M account funds activities related to existing Corps projects, including upkeep of
physical infrastructure and other activities (i.e., dredging of ports and waterways). Common
disaster activities funded under this account include repair of damaged federally operated flood
and hurricane protection projects (e.g., dams, levees, floodwalls), dredging of federal waters, and
navigation infrastructure projects.
Mississippi River and Tributaries (MR&T) Account
The Mississippi Rivers and Tributaries account consists of flood control and navigation projects
for the lower Mississippi River Valley. Supplemental expenditures under this account primarily
consist of repair to damaged MR&T levees, floodways, and other project features.
2
33 U.S.C. § 701n.
Congressional Research Service
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Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
Construction Account
The Construction account funds new project construction and major upgrades to existing projects.
Supplemental expenditures in the construction account typically consist of expenditures to rebuild
projects which were previously destroyed, or new construction authorized by Congress to provide
increased protection.
Analysis of Corps Supplemental Appropriations
The Corps is eligible to receive annual appropriations in anticipation of natural disasters,
including in the FCCE account. However, Congress has generally not provided funding for the
Corps in advance of major disasters, and the majority of this funding has instead come through
supplemental appropriations. In recent annual appropriations action, this account has rarely
received funding. Since 2003, the FCCE received appropriations in FY2003 and FY2012 for a
total of $42 million. In eight of the last ten years, the Corps received no funding for the FCCE
account in regular appropriations, despite the Administration’s request for FCCE funding of
emergency training and preparedness in each of those years.3
Overall, the Corps received $25.5 billion in supplemental appropriations in 12 appropriations acts
over the last decade.4 This was in addition to $50.5 billion in annual appropriations to the Corps
civil works program over the same period. Individual supplemental appropriations acts over the
last 10 Recent History, Trends, and Policy Issues
September 19, 2013
(R42841)
Summary
Under its civil works program, the U.S. Army Corps of Engineers plans, builds, operates, and maintains a wide range of water resource facilities. The Corps also plays a prominent role in responding to domestic natural disasters, in particular riverine and coastal flooding. The Corps can assist in flood fighting at the discretion of its Chief of Engineers in order to protect life and property, principally when state resources are overwhelmed. The Corps is also authorized to protect and repair its own facilities in the event of flooding, and to operate a program, the Rehabilitation and Inspection Program (RIP), that funds the repair of participating nonfederal flood control works (e.g., levees, dams, dunes) damaged by flooding events. Additionally, the Corps undertakes a variety of other activities at the request of the Federal Emergency Management Agency (FEMA) under the National Response Framework, which are outside the scope of this report.
In recent years several natural disasters have required Corps response and repair activities with costs running into the billions. Congress provided most of these funds through supplemental appropriations. From 1987 to 2013, Congress appropriated $32.2 billion in supplemental funding to the Corps. Of this funding, $30.8 billion came through supplemental appropriations acts passed between 2003 and 2013. This funding was more than half of the amount that was provided to the Corps in regular appropriations over this same period ($55 billion).
Of the $30.8 billion, $27.5 billion (89%) was for responding to flooding and other natural disasters, with the majority of this funding related to Hurricane Katrina and the 2005 storm season ($16 billion) and, more recently, Hurricane Sandy's landfall in 2012 ($5.3 billion). In addition to the disaster funding, Congress provided the Corps with non-disaster related supplemental funds, including $4.6 billion under the American Recovery and Reinvestment Act (P.L. 111-5) and $39 million for facility security and other expenditures.
Corps natural disaster supplemental appropriations have largely been funded through two Corps accounts: Flood Control and Coastal Emergencies (FCCE; i.e., flood fighting, repairs to damaged nonfederal flood control projects) and Operations and Maintenance (O&M; i.e., repairs to Corps projects). Nonfederal cost-sharing for FCCE and O&M typically has not been required with some exceptions. Congress also has provided some funding for other Corps accounts, such as Construction and Mississippi Rivers and Tributaries. Local cost-sharing requirements for construction funding in particular have varied. Hurricane Katrina funding generally required local cost-sharing for construction investments, while funding to complete "ongoing" construction (but not new construction) after Hurricane Sandy received a waiver from local cost-sharing requirements.
When faced with natural disaster response costs and proposed supplemental expenditures, Congress may consider whether to provide these funds to the Corps and, if so, how much funding to include and for which Corps accounts and activities. In providing supplemental funding, Congress also may consider associated issues such as whether to maintain standard nonfederal cost-sharing requirements, whether to include reporting and transparency requirements for this funding, and what type of flood damage reduction efforts to support.
Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
Introduction
Under its civil works program, the U.S. Army Corps of Engineers (Corps) plans, builds, operates, and maintains a wide range of water resource facilities. The Corps also undertakes flood fighting activities and other natural disaster response activities at its water resource facilities and for other flooded areas and flood-damaged structures. These emergency activities have been authorized by Congress, and have generally been funded by supplemental appropriations, which in the last decade have been significant relative to annual Corps appropriations.
Since 1987, Congress has appropriated approximately $32.2 billion in Corps supplemental appropriations. Of this total, Congress provided $30.8 billion since 2003, which is significant relative to the agency's $55 billion in regular annual appropriations over the same period. While the majority of the Corps supplemental appropriations funded its flood fighting activities and repairs to damaged nonfederal flood control and federal water resources projects, Congress also provided $5.0 billion for post-Katrina improvements and provided $4.6 billion as part of the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5). In P.L. 113-2, signed into law on January 29, 2013, Congress appropriated $5.3 billion in supplemental funding to the Corps for response and recovery efforts related to Hurricane Sandy.
The majority of Corps natural disaster supplemental appropriations have been for activities funded by two Corps accounts: Flood Control and Coastal Emergencies (FCCE; i.e., flood fighting, repairs to damaged nonfederal flood control projects) and Operations and Maintenance (O&M; i.e., repairs to Corps projects). Nonfederal cost-sharing for FCCE and O&M typically has not been required with some exceptions. Congress also has provided supplemental funding for other Corps accounts, such as the Mississippi River and Tributaries account and the Construction account.
In the wake of major flooding and other natural disasters, Congress often considers whether to provide supplemental appropriations to the Corps and other agencies. Proponents of this supplemental funding often argue that these investments are significant for recovery efforts and should be given special consideration by Congress (e.g., designated as emergency funding and not requiring budgetary offsets). Others argue that the annual appropriations process is the more appropriate forum for deciding on federal flood damage reduction investments, and that post-disaster investments should be subject to the same project development and cost-share requirements as other similar Corps projects, and should compete in the Corps annual budget development process.
This report provides analysis of Corps supplemental funding. Its focus is recent decades of supplemental funding provided directly to the Corps, and it does not include extensive analysis of regular Corps appropriations. Apart from Corps disaster response, the Federal Emergency Management Agency (FEMA) has extensive authority to assist and coordinate disaster response actions under the National Response Framework, and receives significant regular and supplemental appropriations for this work.1 While the Corps performs work under some mission assignments for FEMA (i.e., funded by FEMA, under FEMA's direction), that work is not considered in this report.
Funding of Corps Emergency Activities
Congress authorized the Corps in the Flood Control Act of 1941 (33 U.S.C. §701n) to assist in flood fighting and flood response. The Corps can assist in flood fighting at the discretion of its Chief of Engineers in order to protect life and property, principally when state resources are overwhelmed. Congress also authorized the Corps to operate the Rehabilitation and Inspection Program (RIP, also known as the P.L. 84-99 program) to fund the repair of participating nonfederal flood control works (e.g., levees, dams, dunes) damaged by natural events. Repairs under this program are funded by the Corps' Flood Control and Coastal Emergencies (FCCE) account. Congress also has directed the Corps to use supplemental funds to repair and rebuild federally owned flood control and other projects (e.g., navigation projects) through the agency's Operation and Maintenance (O&M) and Construction accounts.
In the event of an emergency, Congress has given the Secretary of the Army (generally delegated to the Assistant Secretary of the Army (Civil Works)) discretion to transfer from existing appropriations the monies necessary for the emergency work referenced above, until funds become available in the applicable account through supplemental appropriations or other avenues.2 In recent floods, the Corps has exercised this authority to transfer regular annual appropriations from ongoing projects (i.e., projects funded by regular appropriations) to pay for emergency actions. The Corps then internally reimburses itself for this funding once supplemental appropriations are available.
The majority of natural disaster-related supplemental appropriations generally are placed into one of the following four Corps budget accounts based on the type of activity funded.
Flood Control and Coastal Emergencies (FCCE) Account
The FCCE account is the primary account through which the Corps funds disaster-related activities. The primary activities funded under FCCE are flood fighting (e.g., sandbagging) and emergency preparedness and response, and repair of damaged nonfederal flood and hurricane protection projects (i.e., RIP activities).3
Operation and Maintenance (O&M) Account
The O&M account funds activities related to existing Corps projects, including upkeep of physical infrastructure and other activities (i.e., dredging of ports and waterways). Common disaster activities funded under this account include repair of damaged federally operated flood and hurricane protection projects (e.g., dams, levees, floodwalls), dredging of federal waters, and navigation infrastructure projects.
Mississippi River and Tributaries (MR&T) Account
The Mississippi Rivers and Tributaries account consists of flood control and navigation projects for the lower Mississippi River Valley. Supplemental expenditures under this account primarily consist of repair to damaged MR&T levees, floodways, and other project features.
Construction Account
The Construction account funds new project construction and major upgrades to existing projects. Supplemental construction funding has been used at times to improve flood protection provided by existing projects and for new construction projects to increase protection.
Analysis of Corps Supplemental Appropriations
As noted above, Congress has provided the Corps with approximately $32.2 billion in supplemental funding in 26 acts from 1987 to 2013.4 Of this total, $30.8 billion was provided in 13 appropriations acts from 2003 to 2013. Adjusting prior-year appropriations for inflation, Congress provided the Corps with approximately $35 billion (in 2012 dollars) in supplemental appropriations over the 1987-2013 period, and 94% of this total was provided between 2003 and 2013.
Individual supplemental appropriations acts over the last 26 years that provided funding to the Corps are shown below in Table 1
. Supplemental appropriations are also shown by year in Figure 1 and broken down by account for three major events in Figure 2.
The discussion below differentiates between four types of supplemental funding that the Corps received:
- funding for the 2005 hurricanes;
- funding for Hurricane Sandy response and recovery;
- funding for "all other" hurricanes and other natural disasters; and
- funding for other non-disaster purposes, such as economic recovery and facility security.
Separately, the Appendix to this report further denotes the disaster events that enacted supplemental appropriations have explicitly referenced since 2003.
Table 1. Corps Supplemental Appropriations, 1987-2012
(nominal $ in millions)
Public Law (Year Enacted)
General Expenses
|
Investigations
|
Construction
|
MR&T
|
O&M
|
FCCE
|
FUSRAP
|
Total
|
P.L. 113-2 (2013)
|
10
|
50
|
3,461
|
—
|
821
|
1,008
|
—
|
5,350
|
P.L. 112-77 (2011)
|
—
|
—
|
—
|
802
|
534
|
388
|
—
|
1,724
|
P.L. 111-212 (2010)
|
—
|
5
|
—
|
19
|
173
|
20
|
—
|
217
|
P.L. 111-32 (2009)
|
—
|
—
|
—
|
—
|
43
|
754
|
—
|
797
|
P.L. 111-5 (2009)
|
—
|
25
|
2,000
|
375
|
2,075
|
—
|
100
|
4,575
|
P.L. 110-329 (2009)
|
—
|
—
|
1,539
|
82
|
740
|
416
|
—
|
2,777
|
P.L. 110-252 (2008)
|
2
|
—
|
2,897
|
18
|
298
|
3,153
|
—
|
6,367
|
P.L. 110-28 (2006)
|
—
|
8
|
36
|
—
|
3
|
1,562
|
—
|
1,609
|
P.L. 109-234 (2006)
|
—
|
3
|
549
|
—
|
3
|
3,145
|
—
|
3,700
|
P.L. 109-148 (2006)
|
2
|
37
|
101
|
154
|
328
|
2,278
|
—
|
2,899
|
P.L. 109-62 (2005)
|
—
|
—
|
—
|
—
|
200
|
200
|
—
|
400
|
P.L. 108-324 (2004)
|
—
|
—
|
63
|
6
|
145
|
148
|
—
|
362
|
P.L. 108-83 (2003)
|
—
|
—
|
—
|
—
|
—
|
60
|
—
|
60
|
P.L. 108-11 (2003)
|
—
|
—
|
—
|
—
|
39
|
—
|
—
|
39
|
P.L. 107-206 (2002)
|
—
|
—
|
—
|
—
|
108
|
—
|
—
|
108
|
P.L. 107-20 (2001)
|
—
|
—
|
—
|
—
|
87
|
50
|
—
|
146
|
P.L. 106-246 (2000)
|
4
|
3
|
—
|
—
|
—
|
—
|
—
|
7
|
P.L. 105-174 (1998)
|
—
|
—
|
—
|
—
|
105
|
—
|
—
|
105
|
P.L. 105-18 (1997)
|
—
|
—
|
—
|
20
|
150
|
415
|
—
|
585
|
P.L. 104-134 (1996)
|
—
|
—
|
—
|
—
|
30
|
135
|
—
|
165
|
P.L. 104-208 (1996)
|
—
|
—
|
—
|
—
|
19
|
—
|
—
|
19
|
P.L. 103-211 (1994)
|
—
|
—
|
—
|
—
|
—
|
70
|
—
|
70
|
P.L. 103-50 (1993)
|
—
|
—
|
1
|
—
|
—
|
—
|
—
|
1
|
P.L. 102-368 (1992)
|
—
|
—
|
—
|
3
|
3
|
40
|
—
|
46
|
P.L. 101-302 (1990)
|
15
|
—
|
—
|
—
|
40
|
20
|
—
|
75
|
Total Supplementals
|
28
|
133
|
10,650
|
1,487
|
5,944
|
13,861
|
100
|
32,204
|
Source: Multiple appropriations bills (as shown in table), compiled by CRS.
Notes: FUSRAP = Formerly Utilized Sites Remedial Action Program (FUSRAP). Amounts do not include rescissions, transfers, or other reductions. Italicized lines indicate supplemental funding for purposes other than natural disaster response (P.L. 111-5, or ARRA, was provided for economic recovery, and P.L. 108-11 was provided for facility security upgrades). A summary of individual locations receiving disaster funding is provided in the Appendix to this report.
Figure 1. Corps Supplemental Appropriations Since 1987
(nominal $ in millions)
Source: CRS analysis of enacted supplemental appropriations bills.
Notes: Amounts do not include rescissions, transfers or other reductions. Amounts include both natural disaster and other supplemental appropriations (e.g., ARRA in 2009).
|
2005 Hurricanes
As noted above, the 2005 hurricanes (primarily Hurricane Katrina) accounted for the majority of Corps supplemental appropriations since 2003. The $16 billion received for these storms is more than three times the size of the Corps annual civil works budget in a single year. These appropriations were provided in six separate supplemental appropriations bills passed between 2005 and 2009, and most of these funds were designated for rebuilding and in some cases significant strengthening of Corps facilities, principally in Southeast Louisiana. Approximately 94% of the supplemental funds appropriated for Corps hurricane response and recovery went to activities in Louisiana;5 and $14.5 billion was for protective measures in Southeast Louisiana. These funds were used for significant repair and strengthening of 350 miles of levees and floodwalls in New Orleans and new surge protection barriers, including the Inner Harbor Navigation Canal Surge Barrier, which is one of the largest surge barriers in the world.
While the federal government funded 100% of the costs of FCCE and O&M infrastructure in Southeast Louisiana, most of the supplemental funds for construction projects were subject to federal/nonfederal cost-sharing requirements (generally a 65/35 federal/nonfederal split). That is, the state of Louisiana is contributing $1.7 billion, consisting of $0.2 billion for real estate acquisition and $1.5 billion for the state's cash-share contribution, for its share of the $5.0 billion in improvements funded through supplemental appropriations to the Corps construction account. Under a specially negotiated arrangement, the cash contribution was initially provided through federal appropriations and is being repaid over 30 years.6
Hurricane Katrina significantly damaged the Mississippi coast. In contrast to the congressional response to fund hurricane protection construction through supplemental appropriations for Southeast Louisiana, Congress directed the Corps to develop a plan for how to protect coastal . Of the $25.5 billion
in supplemental appropriations received by the Corps over the FY2003-FY2012 time period,
about $21 billion (82%) was for riverine and coastal flooding or other natural disasters. Of this
total, $16 billion (64%) was made available for response and recovery related to the 2005
hurricane season (i.e., Hurricanes Katrina and Rita). These funds were provided in seven
supplemental appropriations acts passed between 2005 and 2009. Outside of these funds, an
additional $5 billion was provided to respond to other natural disasters (e.g., flooding, hurricanes)
which occurred outside of the 2005 hurricane season. Much of the 18% in supplemental funding
that went to non-natural disaster response-related activities was provided to the Corps for
maintenance and facility upgrades. Supplemental funding of $4.6 billion was appropriated to the
Corps for infrastructure upgrades and construction under the American Recovery and
Reinvestment Act (P.L. 111-5, ARRA). Funds were also made available for facility upgrades after
the September 11, 2001, terrorist attacks.
3
The Administration requested amounts ranging from $30 million to $81 million for the FCCE account for each year
over the FY2003-FY2012 period, but only received appropriations for the FCCE account in two of those years.
FY2012 was the only year in which Congress appropriated the Administration’s full funding request for the FCCE
account in regular appropriations ($27 million).
4
CRS analysis using enacted supplemental appropriations bills and data provided by the Corps.
Congressional Research Service
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Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
Table 1. Corps Supplemental Appropriations, 2003-2012
($ in millions)
Corps Civil Works Accounts ($ in millions)
P.L. Number (Year Enacted)
Primary
Response/Purpose
General
Expenses
Investigations
Construction
MR&T
O&M
FCCE
FUSRAP
-
-
802
534
388
-
1,724
Total
(2011)
Other Natural Disasters
-
P.L. 111-212 (2010)
Other Natural Disasters
-
5
-
19
173
20
-
217
-
-
-
-
439
-
439
P.L. 112-77
P.L. 111-32
(2009)
2005 Hurricanes
-
P.L. 111-32
(2009)
Other Natural Disasters
-
-
-
-
43
315
-
358
P.L. 111-5
(2009)
Economic recovery
-
25
2,000
375
2,075
-
100
4,575
2005 Hurricanes
-
-
1,500
-
-
-
-
1,500
P.L. 110-329 (2009)
Other Natural Disasters
-
-
39
82
740
416
-
1,277
P.L. 110-252 (2008)
2005 Hurricanes
2
-
2,835
-
-
2,926
-
5,763
P.L. 110-252 (2008)
Other Natural Disasters
-
-
62
18
298
227
-
604
-
25
-
-
1,408
-
1,433
P.L. 110-329 (2009)
P.L. 110-28
(2006)
2005 Hurricanes
-
P.L. 110-28
(2006)
Other Natural Disasters
-
8
11
-
3
154
-
176
P.L. 109-234 (2006)
2005 Hurricanes
-
3
517
-
-
3,129
-
3,649
P.L. 109-234 (2006)
Other Natural Disasters
-
-
32
-
3
16
-
51
P.L. 109-148 (2006)
2005 Hurricanes
2
37
101
154
328
2,278
-
2,899
P.L. 109-62
2005 Hurricanes
-
-
-
-
200
200
-
400
P.L. 108-324 (2004)
Other Natural Disasters
-
-
63
6
145
148
-
362
P.L. 108-83
(2003)
Other Natural Disasters
-
-
-
-
-
60
-
60
P.L. 108-11
(2003)
Facility Security
-
-
-
-
39
-
-
39
Total Supplementals
3
79
7,185
1,455
4,581
12,123
100
25,527
All Natural Disasters
3
54
5,185
1,080
2,467
12,123
-
20,913
2005 Natural Disasters
3
40
4,979
154
528
10,380
-
16,083
Non-Disaster
-
25
2,000
375
2,114
-
100
4,614
(2005)
Source: Multiple appropriations bills (as shown in table), compiled by CRS.
Notes: Items listed more than once indicate that one supplemental appropriations bill provided funding to the Corps for multiple purposes. Italicized lines indicate
supplemental funding for purposes other than natural disaster response. FUSRAP = Formerly Utilized Sites Remedial Action Program (FUSRAP). A summary of individual
locations receiving disaster funding is provided in the Appendix to this report.
CRS-7
Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
2005 Hurricanes
As noted above, the 2005 hurricanes (primarily Hurricane Katrina) accounted for the majority of
Corps supplemental appropriations since 2003. The $16 billion received for these storms is more
than three times the size of the Corps annual civil works budget in a single year. These
appropriations were provided in six separate supplemental appropriations bills passed between
2005 and 2009, and most of these funds were designated for rebuilding and in some cases
significant strengthening of Corps facilities, principally in Southeast Louisiana. Approximately
94% of the supplemental funds appropriated for Corps hurricane response and recovery went to
activities in Louisiana;5 and $14.5 billion was for protective measures in Southeast Louisiana
These funds were used for significant repair and strengthening of 350 miles of levees and
floodwalls in New Orleans and new surge protection barriers, including the Inner Harbor
Navigation Canal Surge Barrier, which is one of the largest surge barriers in the world. Of the
$14.5 billion for infrastructure investments funded through emergency supplementals for
Southeast Louisiana, the nonfederal sponsors contributed $1.7 billion, consisting of $0.2 billion
for real estate acquisition and $1.5 billion for the state’s cash share contribution. The $1.7 billion
covers 12% of the total cost. Under a specially negotiated arrangement, the cash contribution was
allowed to be repaid over 30 years.6
Hurricane Katrina significantly damaged the Mississippi coast. In contrast to the congressional
response to fund hurricane protection construction through supplemental appropriations for
Southeast Louisiana, Congress directed the Corps to develop a plan for how to protect coastal
Mississippi. As part of a supplemental appropriations bill for the Corps (P.L. 109-148), Congress
directed the Corps to design comprehensive improvements and modifications to Mississippi
coastal counties to provide hurricane protection, prevent erosion, preserve fish and wildlife
habitat, and other purposes. This effort is known as the Mississippi Coastal Improvements
Program (MsCIP). In a 2009 supplemental bill (P.L. 111-32), Congress authorized and funded
$439 million in Corps
FCCE activities under this program. The Corps
' final MsCIP plan was submitted
to Congress for authorization in January 2010, and is awaiting authorization and subsequent
funding of an additional $1.2 billion in projects.
77 These projects were planned in compliance with
the standard 65% federal and 35% nonfederal cost-share for this type of Corps
project.
construction project.
As of the end of FY2012, a portion of the Hurricane Katrina funds remained unobligated
,
including $2.85 billion in the FCCE account.8.8 Since Congress designated most of these funds for
Hurricane Katrina recovery, they are typically not available to other projects or emergencies.
9
5
CRS analysis of data provided by the Corps of Engineers, July 2009.
Testimony by L.G. Robert Van Antwerp, Chief of Engineers, before U.S. Congress, Senate Committee on Homeland
Security and Governmental Affairs, Ad Hoc Subcommittee on Disaster Recovery, Five Years Later: Examination of
Lessons Learned, Progress Made, and Work Remaining from Hurricane Katrina, 111th Cong., 2nd sess., August 26,
2010.
7
For more on the status of the bill that generally includes Corps authorizations (the Water Resources Development Act,
or WRDA), see CRS Report R41243, Army Corps of Engineers Water Resource Projects: Authorization and
Appropriations, by Nicole T. Carter and Charles V. Stern.
8
Personal communication with Corps of Engineers, November 8, 2012. Approximately $9.9 billion was appropriated
to the FCCE account for Hurricane Katrina.
9
Ongoing work in the region includes projects to reduce urban flood damage, nonfederal levee improvements, and
work on the outfall canals into Lake Pontchartrain.
6
Congressional Research Service
8
Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
Other Flooding/Natural Disasters
Outside of funding for the 2005 hurricane season, Congress provided the Corps with
approximately $5 billion to respond to flooding and other natural disasters (e.g., riverine and
coastal flooding) over the 2003-2012 time period. Some of this funding was provided in bills that
9
Hurricane Sandy, 2012
Other than the 2005 hurricanes, the largest supplemental appropriation for the Corps was under the Disaster Relief Appropriations Act of 2013 (P.L. 113-2), for response and recovery related to Hurricane Sandy's 2012 landfall. The act provided $5.35 billion supplemental appropriations both to address damages caused by Hurricane Sandy and to reduce future flood risks in the areas impacted by the storm. Generally, funding under the O&M and FCCE accounts ($821 million and $1.008 billion, respectively) was to "address the consequences" of Hurricane Sandy, while the majority of funding appropriated to the Construction account ($2.9 billion of $3.4 billion in this account) was set aside to "reduce future flood risks in ways that will support the long-term sustainability of the coastal ecosystem and communities and reduce the economic costs and risks associated with large-scale flood and storm events ... within the boundaries of the North Atlantic Division of the Corps that were affected by Hurricane Sandy."10
The supplemental appropriation received by the Corps for Hurricane Sandy included terms that were unique in a number of ways. Under P.L. 113-2, cost-share requirements were waived for Construction account appropriations that were used for the completion of "ongoing" construction projects (but not for new construction projects).11 Additionally, Congress made the release of certain funds in the Construction account dependent on the Corps releasing certain interim reports also required under the legislation.12
Other Flooding/Natural Disasters
Outside of the aforementioned funding for response and repair related to the 2005 hurricane season, from 1987 to 2012 Congress provided the Corps with approximately $6 billion to respond to flooding and other natural disasters (e.g., riverine and coastal flooding). The vast majority (approximately 95%) of this funding was provided over the last decade.
Some of this funding was provided in bills that had also designated funds for expenditures related to the 2005 hurricanes (e.g., P.L. 110-252
, , P.L.
110-329
). A). In contrast to the 2005 hurricane response, a considerable portion of the funding for
these other flood events was for Corps actions under the O&M account and the
Mississippi River
& TributariesFCCE account (
4564% and
2248%, respectively); the
FCCEMississippi River & Tributaries account received roughly
3016% of
these appropriations, as shown in Figure
1. The2. Outside of funding for Hurricane Sandy, the other most recent supplemental appropriation for the
Corps (P.L. 112-77, passed in December 2011)
, is included in this category. It focused on repair to Corps facilities
in response to flooding on the on the
Mississippi and Missouri Rivers; the majority of these funds were for the MR&T and O&M
accounts. These disaster response activities were primarily for Corps-owned and -operated
facilities and waterways. Overall, supplemental Construction account funding for natural disasters
other than Hurricane Katrina has been minimal. A summary of some of the locations receiving
funding referred to in this section is included in the Appendix to this report.
Figure 1. Corps Supplemental Appropriations Comparison
(2003-2012, $ in millions)
Source: CRS estimates based on various appropriations acts and data from the Corps.
Congressional Research Service
9
Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
Other Supplementals: ARRA and Facility Security
Over the last 10 years, the Corps also received facilities and waterways.
Other Supplementals: ARRA and Facility Security
The Corps has also received supplemental funds for maintenance and facility upgrades.
Specifically, the Corps received funding for facility security upgrades in 2002 and 2003 following
the terrorist attacks of 2001
, $39 million of which is shown in the table above. It also received
considerable funding for facility upgrades (including more than $2 billion in the O&M account)
and new project construction ($2 billion in the construction account) under the American
Recovery and Reinvestment Act of 2009
(ARRA, P.L. 111-5). A combined breakdown of this
non-natural disaster related supplemental funding is provided in
Error! Reference source not
found..
Observations on Corps Supplemental Funding
Given the current federal fiscal constraints and Hurricane Sandy’s impact on the East Coast, the
recent regularFigure 2.
Figure 2. Corps Supplemental Appropriations: Distribution by Account
(1987-2013, $ in millions)
Source: CRS estimates based on various appropriations acts and data from the Corps.
|
Observations on Corps Supplemental Funding
Given current federal fiscal constraints and the multiple natural disasters which have occurred in recent years, the enactment and reliance on emergency supplemental funding is receiving more
attention. For Corps natural disaster supplemental funding,
the attention falls into the following
topic areas:
•
use of supplementals for post-disaster major infrastructure investments;
•
some of the topics receiving attention include: regularity of natural disaster activities;
•
transparency of natural disaster funding; and
•
nonfederal cost-sharing of natural disaster expenses.
Each of these topics is discussed below.
Post-Disaster Infrastructure Investments
In the aftermath of Hurricane Sandy, Congress is faced with numerous challenges and questions,
including whether to use supplemental funding for significant hurricane and flood protection
investments. Congress funded Corps infrastructure investments related to improved hurricane
storm protection infrastructure for Southeast Louisiana in post-Katrina supplementals, while it
required the Corps to develop a comprehensive plan for coastal Mississippi, of which only a
portion has been authorized and appropriated.
Congress is faced with decisions on how to cost-share Hurricane Sandy-related infrastructure
investments. Much of the work in Mississippi has been proposed at a 65% federal and 35%
nonfederal cost share, which is the typical cost share for these types of Corps projects, while
Congress required less cost sharing (roughly 12% to be repaid over 30 years) for the work in
Louisiana.
transparency of natural disaster funding;
use of supplemental bills for post-disaster infrastructure improvements; and
nonfederal cost-sharing of natural disaster repair and recovery.Each of these topics is discussed below.
Regularity of Natural Disaster Activities
Natural disaster emergency
supplementalssupplemental funding for the Corps for the last decade, excluding the 2005
Hurricanes, totaled roughly $
4.8 billion, or $480 million annually10.1 billion. Congress is faced with
deciding whether to address the funding needs for the fairly regular Corps natural disaster
activities through emergency
supplementalssupplemental bills or to build these expenses into the regular
appropriations process. As previously noted, Congress generally has not provided the Corps with
Congressional Research Service
10
Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
appropriations in advance of natural disasters. Covering the Corps’ natural disaster-related
appropriations in advance of natural disasters through the FCCE account in regular appropriations. Covering the Corps' natural disaster-related activities within the regular appropriations process would make a competitive annual Corps
appropriations process even more competitive, but potentially would more accurately reflect the
regularity of Corps
’' natural disaster spending.
10
13
Transparency of Natural Disaster Funding
Many of the bills containing supplemental appropriations during the FY2003-
FY2012FY2013 period
were not stand-alone bills for natural disaster response; instead they were bills that combined
natural disaster supplemental funding with appropriations for other agencies, often for other
purposes (e.g., troop readiness/military supplementals or annual appropriations). For instance,
one of the larger supplemental appropriations to the Corps was made in P.L. 109-234, the
Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006. Other Corps supplemental appropriations were provided in
combination with other disaster or emergency expenditures for events different than the disaster
for which the Corps was receiving funding.
After the initial appropriation, public reporting on Corps expenditure of supplemental funding has
generally been limited. There are very few overarching reporting requirements for reporting on
Corps supplemental expenditures, including the amount and extent of transfers from regular
appropriations to initially cover emergency response and repairs, the actual expenditures of
supplemental appropriations, and the projects/areas which benefited from them. In some of the
early post-Katrina
supplementalssupplemental bills and the most recent Sandy supplemental appropriations bill, Congress set reporting requirements for Corps appropriations,
including regular reports to the Committee on Appropriations.
14 Additionally, as noted above, Congress made release of some of the Corps construction funding in the Sandy supplemental bill dependent on the Corps completing and releasing information on projects that qualified for these funds. However, outside these reports and ARRA However, outside of ARRA
spending (which was tracked through a public website),
publicly availabledetailed data on Corps
expenditures of supplemental appropriations
has not been widely available to the public, or
regularly maintained in the same manner as the annual budget.
Nonfederal Cost Sharing of Natural Disaster Expenses
While most Corps civil works activities are cost-shared with nonfederal sponsors, Corps natural
disaster activities are generally not cost-shared with nonfederal sponsors. For example, while
certain categories of funding for federal navigation projects require cost sharing from the Harbor
Maintenance Trust Fund and the Inland Waterway Trust Fund, similar cost sharing arrangements
are generally not required for supplemental funding for natural disasters.11 That is, neither of
these two trust funds has shared in the navigation-related natural disaster response and recovery
financial burden of the last decade. Similarly, the Rehabilitation and Inspection Program
essentially functions as an insurance program for the nonfederal flood control and coastal
protection projects. There is no cost or premium for participating in the RIP program beyond
maintaining the project to RIP standards. Congress is faced with deciding whether to maintain
natural disaster response for Corps projects and activities as a fully federal responsibility, or
whether there are fair and equitable means for the nonfederal entities to contribute to these
expenses.
10
CRS Report R41961, Army Corps Fiscal Challenges: Frequently Asked Questions, by Nicole T. Carter and Charles
V. Stern.
11
Similarly, cost sharing requirements for the IWTF were waived under ARRA (P.L. 111-5).
Congressional Research Service
11
Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
Concluding Remarks
The Corps has received significant supplemental funding for its authorized floodfighting and
response activities over the last decade. At issue for Congress is the ideal amount and allocation
of funding for these activities going forward, and what requirements should accompany these
appropriations. One major question for Congress to consider when making funding available to
the Corps to respond to riverine and coastal flooding events is the extent to which response
funding will provide for the construction of new, potentially more resilient infrastructure to
mitigate flood risk (as opposed to repairs to existing infrastructure). Supplemental appropriations
in response to Hurricane Katrina in 2005 did this to a greater extent than did funding for other
flooding events over the last 10 years. Also at issue is whether to include local cost share
requirements with federal funding, and whether to alter the current funding arrangement for these
events (e.g., provide annual appropriations in advance of disasters to the FCCE account).
Congressional Research Service
12
Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
Appendix. Natural Disaster Allocations by Location
Table A-1. Breakdown of Natural Disaster Allocations
(selected locations receiving supplemental appropriations)
P.L. Number
(enacted date)
Event Type or Location
P.L. 108-83 (2003)
n/a
n/a
P.L. 108-324 (2004)
West Virginia Floods
10
P.L. 109-62 (2005)
Katrina
400
P.L. 109-148 (2005)
Katrina
2,143
Ophelia
69
Rita
91
Wilma
57
Katrina
3,651
P.L. 109-234 (2006)
P.L. 110-28 (2007)
P.L. 110-252 (2008)
Funding Allocation
($ in milions)
Rita
2
California
30
Hawaii
2
Pennsylvania
16
Katrina
1,325
Mississippi
108
Missouri River Flood
12
Alabama-Coosa River
3
Nor’easter Flood
23
Texas
3
Drought Assistance
7
Midwest Flooding
302
Katrina
2
P.L. 110-329 (2008)
Katrina
1,500
P.L. 111-32 (2009)
Katrina
439
P.L. 111-212
n/a
n/a
P.L. 112-77
n/a
n/a
Source: Corps of Engineers data.
Notes: In most cases, the totals for disaster supplementals in the table above do not add up to the supplemental
funding totals in Table 1 due to funding being appropriated for general purposes and CRS not having sufficient
data on the specific locations for these expenditures. The abbreviation “n/a” indicates that a bill provided for
general disaster funding and no location-specific breakdown of funding from the Corps is available.
Congressional Research Service
13
Army Corps Supplemental Appropriations: Recent History, Trends, and Policy Issues
Author Contact Information
Charles V. Stern
Specialist in Natural Resources Policy
cstern@crs.loc.gov, 7-7786
Congressional Research Service
Nicole T. Carter
Specialist in Natural Resources Policy
ncarter@crs.loc.gov, 7-0854
14
have not been required or widely available in the same manner as the annual budget.
Post-Disaster Infrastructure Improvements
Congress also is faced with deciding whether to use Corps supplemental funding for improving flood protection in impacted areas to reduce future flood risk. Congress funded Corps infrastructure investments to improve hurricane storm protection infrastructure for Southeast Louisiana in post-Katrina supplemental bills, while it did not use supplemental Corps construction funds for such improvement for the 2008 Hurricane Ike-impacted Texas coast, the Midwest areas impacted by the 2011 and 1993 floods, or the 1992 Hurricane Andrew-impacted areas. Most recently, more than half of the $5.3 billion in supplemental funding provided to the Corps for Hurricane Sandy recovery was designated for new or ongoing construction to reduce flood risks.
The proponents of supplemental construction funds for flood impacted areas argue that these investments are significant to the recovery effort and that flooding events often bring to light flood risks warranting attention. Others argue that the annual appropriations process is the more appropriate forum for identifying nation-wide flood infrastructure investment priorities. The argument is that there may be other Corps flood damage reduction activities in other parts of the country that are of a higher national priority because they protect more lives and have a higher benefit-to-cost ratio. The Corps has a backlog of more than $10 billion of authorized flood and storm damage reduction projects across the country, which compete for the roughly $1 billion typically provided for flood damage reduction activities in the annual budget process.
Nonfederal Cost Sharing of Natural Disaster Repair and Recovery
While many Corps civil works activities are cost shared with nonfederal sponsors, supplemental appropriations for flood fighting and repair of damaged infrastructure and projects have not been subject to significant cost sharing. In addition to these activities, Congress has occasionally provided funding for upgrades and construction of new infrastructure in supplemental appropriations. Congress provided supplemental appropriations for construction activities for improving infrastructure in areas affected by Hurricane Katrina, particularly in Louisiana. These construction activities generally have been cost shared either at the standard 65% federal/35% nonfederal split or consistent with the cost sharing arrangement for the original Corps project.15 Most recently, for supplemental appropriations related to Hurricane Sandy, cost-share requirements were waived for ongoing construction projects, but not for new construction.
The appropriate cost share for Corps construction activities has been the subject of debate, with a wide range of cost shares proposed, ranging from standard cost shares (65% federal/35% nonfederal) to requirements for the federal government to handle most or all of a project's costs. Some have also proposed relaxing cost-share requirements for specific project types (e.g., cost-share waivers for ongoing construction projects, as noted above) and changes to what costs should be counted towards the nonfederal share.
Various justifications for altering the standard 65/35 arrangement have been noted, including the potentially limited ability of many communities impacted by disasters to pay the standard nonfederal share. Assuming some sort of nonfederal cost share is required, another issue is who is responsible for the nonfederal share and the time period over which it will be repaid. In the case of Louisiana, Congress required that it create a single state or quasi-state entity to act as its nonfederal construction partner for post-Katrina Corps repairs and improvements, and allowed the entity 30 years to repay its share of the construction costs (which was covered by the federal government with funds provided in P.L. 109-148).
The status of other existing cost-share requirements as they relate to supplemental funding is another ongoing issue. While certain categories of funding for federal navigation projects normally require cost sharing from the Harbor Maintenance Trust Fund (HMTF) and the Inland Waterway Trust Fund (IWTF), similar cost-sharing arrangements have generally not been required for supplemental funding for natural disasters.16 That is, neither of these two trust funds has been responsible for navigation-related natural disaster response and recovery costs funded in supplemental appropriations over the last decade. However, there were a few supplemental appropriations bills that required cost sharing from the HMTF in the late 1990s.17
Similarly, the Corps Rehabilitation and Inspection Program essentially functions as an insurance program for many nonfederal flood control and coastal protection projects. There is no cost or premium for participating in the RIP program beyond maintaining the project to RIP standards, and post-storm repairs to this infrastructure are fully funded by the federal government.
Concluding Remarks
The rate at which Congress is providing supplemental funding to the Corps has increased in the last decade. At issue for Congress is the ideal amount and allocation of funding for Corps flood-fighting and response activities going forward, and what requirements should accompany these appropriations. One question for Congress to consider when making supplemental funding available to the Corps to respond to riverine and coastal flooding events is the extent to which response funding will provide for the construction of new, potentially more resilient infrastructure to reduce flood risk (in contrast to repairs to pre-existing conditions and levels of protection). Supplemental appropriations in response to Hurricane Katrina in 2005 and Hurricane Sandy in 2013 did this to a greater extent than did funding for other flooding events over the last 25 years. Also at issue is the status of nonfederal cost sharing for activities receiving supplemental appropriations. Another longer-term issue is whether to shift from the dominant use of supplemental appropriations for funding emergency flood response to incorporating of the Corps emergency expenses into the annual appropriations process.
Appendix. Natural Disaster Allocations by Location
Table A-1. Selected Supplemental Appropriations Allocations by Location, 2003-2012
(events or locations receiving Corps supplemental appropriations)
P.L. Number (enacted date)
|
Event Type or Location
|
Funding Allocation ($ in millions)
P.L. 108-324 (2004)
|
West Virginia Floods
|
P.L. 109-62 (2005)
|
Hurricane Katrina
|
P.L. 109-148 (2005)
|
Hurricane Katrina
|
Hurricane Ophelia
|
Hurricane Rita
|
Hurricane Wilma
|
P.L. 109-234 (2006)
|
Hurricane Katrina
|
Hurricane Rita
|
California
|
Hawaii
|
Pennsylvania
|
P.L. 110-28 (2007)
|
Hurricane Katrina
|
Mississippi
|
Missouri River Flood
|
Alabama-Coosa River
|
Nor'easter Flood
|
Texas
|
Drought Assistance
|
P.L. 110-252 (2008)
|
Midwest Flooding
|
Hurricane Katrina
|
P.L. 110-329 (2008)
|
Hurricane Katrina
|
P.L. 111-32 (2009)
|
Hurricane Katrina
|
P.L. 113-2 (2013)
|
Hurricane Sandy
|
Source: CRS using Corps data.
Notes: Table only includes legislation referencing specific locations and/or events. As previously noted, the funding provided under P.L. 110-329 was appropriated to cover the nonfederal share of certain construction costs related to Hurricane Katrina and is being repaid by the state of Louisiana over 30 years.
Footnotes
1.
|
For more on FEMA's coordinating role, see CRS Report R41981, Congressional Primer on Responding to Major Disasters and Emergencies, by [author name scrubbed] and [author name scrubbed].
|
2.
|
33 U.S.C. §701n
|
3.
|
The Corps may receive annual appropriations in the FCCE account in anticipation of natural disasters. However, Congress generally has not provided funding for the Corps in advance of major disasters; instead the majority of FCCE funding has instead come through supplemental appropriations. Since 2003, the FCCE account received a total of $68 million in regular annual appropriations. In 8 of the last 11 years, Congress provided the Corps no funding for the FCCE account in regular appropriations, despite the Administration's request for FCCE funding of emergency training and preparedness in each of those years, which ranged from $30 million to $81 million.
|
4.
|
CRS analysis using enacted supplemental appropriations bills and data provided by the Corps.
|
5.
|
CRS analysis of data provided by the Corps of Engineers, July 2009.
|
6.
|
Testimony by L.G. Robert Van Antwerp, Chief of Engineers, before U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Ad Hoc Subcommittee on Disaster Recovery, Five Years Later: Examination of Lessons Learned, Progress Made, and Work Remaining from Hurricane Katrina, 111th Cong., 2nd sess., August 26, 2010.
|
7.
|
For more on the status of the bill that generally includes Corps authorizations (the Water Resources Development Act, or WRDA), see CRS Report R41243, Army Corps of Engineers: Water Resources Authorizations, Appropriations, and Activities, by [author name scrubbed] and [author name scrubbed].
|
8.
|
As of the end of FY2012, $2.85 billion was still unobligated. CRS communication with Corps of Engineers, November 8, 2012. Approximately $9.9 billion was appropriated to the FCCE account for Hurricane Katrina.
|
9.
|
Ongoing work in the region includes projects to reduce urban flood damage, nonfederal levee improvements, and work on the outfall canals into Lake Pontchartrain.
|
10.
|
See P.L. 113-2, Title II.
|
11.
|
Similar to construction appropriations for the 2005 storms, those projects which do not have their local cost share requirements waived are eligible to finance these requirements under a 30-year term.
|
12.
|
These reports are available at http://www.nan.usace.army.mil/About/Hurricane_Sandy/SandyRelatedUSACEReportstoCongress.aspx.
|
13.
|
CRS Report R41961, Army Corps Fiscal Challenges: Frequently Asked Questions, by [author name scrubbed] and [author name scrubbed].
|
14.
|
Monthly status reports on all supplemental funds appropriated for Hurricane Sandy response (i.e., obligations and appropriations) are available at http://portal.hud.gov/hudportal/HUD?src=/sandyrebuilding/recoveryprogress. As of September 2013, the Corps had obligated about 6% of its total appropriation and outlayed roughly 2% of this amount.
|
15.
|
The standard split for these projects in regular appropriations is 65/35, with the nonfederal share including costs for lands, easements, rights-of-way, relocations, and disposal areas (known collectively as LEERDs (33 U.S.C. §221).
|
16.
|
Cost sharing requirements for the IWTF were also waived for non-disaster supplemental appropriations provided in ARRA (P.L. 111-5).
|
17.
|
P.L. 105-174 (1998) and P.L. 105-18 (1997) both required applicable costs be shared with the Harbor Maintenance Trust Fund, in accordance with existing statute. This made the supplemental appropriation cost sharing consistent with the annual appropriations process.
|