Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance
Changes from June 22, 2022 to January 23, 2023
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Environmental Infrastructure (EI) Assistance
Analyst in Natural environmental infrastructure (EI) assistance
design and construction of certain design and construction of certain Resources Policy infrastructure in specified municipalities, counties, and states. This assistance supports infrastructure in specified municipalities, counties, and states. This assistance supports
categories: categories:
Section 219 EI. Projects and activities (e.g., design assistance) at specific geographic locations (e.g., city, 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 county, multiple counties) authorized through Section 219 of the Water Resources Development Act of
1992 (WRDA 1992; P.L. 102-580), as amended. 1992 (WRDA 1992; P.L. 102-580), as amended.
Non-Section 219 EI Projects. Projects authorized in provisions other than Section 219 of WRDA 1992. 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 EI programs authorized for broader geographic areas (e.g., states or regions of states), with
eligible types of assistance authorized in various provisions 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 The Congressional Research Service (CRS) reviewed enacted legislation likely to include EI assistance authorities and
deauthorization lists to identify deauthorization lists to identify
around around
monitoring station to $monitoring station to $
the District of Columbia, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the Northern Mariana Islands. CRS did not identify Puerto Rico, the U.S. Virgin Islands, and the Northern Mariana Islands. CRS did not identify
authorities for EI assistance in authorities for EI assistance in
the project’s geographic areathe project’s geographic area, and whether the proposed work is an eligible type of assistance provided for in the 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 authorization. The authorization’s specifics determine the nature of USACE’s involvement and the nonfederal cost share. nonfederal cost share.
USACE is authorized to perform design and/or construction work with USACE funds and, for certain programmatic 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 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 requires cost sharing at 75% federal and 25% nonfederal, and the nonfederal sponsor—the owner of constructed facilities—is
responsible for 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 Congress typically funds EI assistance through USACE’s Construction account in annual Energy and Water Development
and Related Agencies appropriations acts. and Related Agencies appropriations acts. In FY2023, Congress provided $Congress provided $
authoritiesauthorities
2023 (P.L. 117-(P.L. 117-
Community Project Funding or Congressionally Directed Spending proposals Community Project Funding or Congressionally Directed Spending proposals
allocate to EI assistance authorities in allocate to EI assistance authorities in
Congress may consider whether to amend Congress may consider whether to amend, add, or deauthorize
programs that provide assistance for similar projects and activities. In addition, Congress may consider how to allocate 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 considerationsfunding 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. .
Congressional Research Service Congressional Research Service
link to page link to page
Contents
Environmental Infrastructure Assistance ......................................................................................... 1
Environmental Infrastructure Assistance Authorities ................................................................ 1
Evolution of Environmental Infrastructure Assistance Authorities ....................................
Adding, Amending, or Deauthorizing EI Assistance Authorities ....................................... 8
Funding EI Assistance Authorities ...................................................................................... 9 Oversight of EI Assistance Activities.....................
Table
Table B-1. Summary of Environmental Infrastructure Assistance Authorities .............................
Appendixes
Appendix A. Examples of Environmental Infrastructure Assistance Authorities ..........................
Appendix B. Summary of Environmental Infrastructure Assistance Authorities ..........................
Contacts
Author Information ........................................................................................................................
Congressional Research Service Congressional Research Service
link to page link to page
Environmental Infrastructure Assistance
Congress has authorized and funded Congress has authorized and funded the U.S. Army Corps of Engineers (USACE) to assist with the U.S. Army Corps of Engineers (USACE) to assist with the
design and construction of certain infrastructure in specified municipalities, counties, and states. design and construction of certain infrastructure in specified municipalities, counties, and states.
This assistance supports This assistance supports projects at publicly owned and operated facilities, such as publicly owned and operated facilities, such as design and construction of water distribution works, water distribution works,
stormwater collection efforts, surface water protection projects, and environmental restoration stormwater collection efforts, surface water protection projects, and environmental restoration
projects, among others. This USACE projects, among others. This USACE technical and/or financial assistance is broadly referred to as assistance is broadly referred to as environmental
development development
Environmental Infrastructure Assistance Authorities
Congress Congress first authorized EI assistance in 1992. Congress typically authorizes USACE activities in omnibus authorization laws, often titled Water typically authorizes USACE activities in omnibus authorization laws, often titled Water
Resources Development Acts (WRDAs),1 and Resources Development Acts (WRDAs),1 and
assistance authorities generally fall into one of three categories: assistance authorities generally fall into one of three categories:
Section 219 EI. Projects and activities (e.g., design assistance) at specific Projects and activities (e.g., design assistance) at specific
geographic locations (e.g., city, county, multiple counties) authorized through geographic locations (e.g., city, county, multiple counties) authorized through
Section 219 of WRDA 1992, as amended.2 Section 219 of WRDA 1992, as amended.2
Non-Section 219 EI Projects. Projects authorized in provisions other than Projects authorized in provisions other than
Section 219 of WRDA 1992.3 Section 219 of WRDA 1992.3
EI Programs. EI programs authorized for broader geographic areas (e.g., states EI programs authorized for broader geographic areas (e.g., states
or regions of states), with eligible types of assistance authorized in various or regions of states), with eligible types of assistance authorized in various
provisions.4 Some EI programs focus more on restoration than on other types of provisions.4 Some EI programs focus more on restoration than on other types of
assistance. assistance.
1 For more information on Water Resources Development Acts (WRDAs), see CRS In Focus IF11322, 1 For more information on Water Resources Development Acts (WRDAs), see CRS In Focus IF11322, Water
Resources Development Acts: Primer, by Nicole T. Carter and Anna E. Normand. , by Nicole T. Carter and Anna E. Normand.
2 These authorities range from covering single municipalities to covering multiple counties in a state to covering a state 2 These authorities range from covering single municipalities to covering multiple counties in a state to covering a state
or territory. or territory.
3 One U.S. Army Corps of Engineers (USACE) non-Section 219 environmental infrastructure (EI) project authority has 3 One U.S. Army Corps of Engineers (USACE) non-Section 219 environmental infrastructure (EI) project authority has
statutory roots that precede WRDA 1992 (P.L. 102-580). In Section 1113 of WRDA 1986 (P.L. 99-662), as amended, statutory roots that precede WRDA 1992 (P.L. 102-580). In Section 1113 of WRDA 1986 (P.L. 99-662), as amended,
Congress authorized USACE to “Congress authorized USACE to “
structures and associated structures and associated
1113. For example, USACE allocated $9.4 million of EI assistance funding between FY2014 and FY2020 for Section 1113. For example, USACE allocated $9.4 million of EI assistance funding between FY2014 and FY2020 for Section
1113 activities in its annual work plans. No other non-Section 219 EI project authority has received funding in recent 1113 activities in its annual work plans. No other non-Section 219 EI project authority has received funding in recent
fiscal years. fiscal years.
4 EI assistance 4 EI assistance program authorities authorities
projects are eligible for assistance under the authority. These programmatic authorities also include direction on how to projects are eligible for assistance under the authority. These programmatic authorities also include direction on how to
operate the authority as a program (e.g., provisions on credit toward the nonfederal cost share). By contrast, EI operate the authority as a program (e.g., provisions on credit toward the nonfederal cost share). By contrast, EI
assistance authorities for projects are for specific projects and provide less direction on executing the authority than assistance authorities for projects are for specific projects and provide less direction on executing the authority than
inflation).inflation).6 CRS identified CRS identified
Guam, Puerto Rico, the U.S. Virgin Islands, and the Northern Mariana Islands. CRS did not identify Puerto Rico, the U.S. Virgin Islands, and the Northern Mariana Islands. CRS did not identify
authorities for EI assistance in authorities for EI assistance in
authorization exists for the project’s geographic area and authorization exists for the project’s geographic area and
is an eligible type of assistance provided for in the authorization. is an eligible type of assistance provided for in the authorization.
USACE funds and, for certain programmatic authorities, may use appropriated funds to reimburse USACE funds and, for certain programmatic authorities, may use appropriated funds to reimburse
nonfederal sponsors for work they perform. Although most USACE EI assistance requires cost nonfederal sponsors for work they perform. Although most USACE EI assistance requires cost
sharing at 75% federal and 25% nonfederal, some assistance authorities are set at 65% federal and sharing at 75% federal and 25% nonfederal, some assistance authorities are set at 65% federal and
100% of operations and maintenance. USACE and nonfederal sponsors sign an agreement before USACE provides assistance.8 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, projects that receive EI assistance are EI assistance authorities. 5 Neither Congress nor USACE has defined environmental infrastructure, but authorities that receive appropriations for EI assistance have some characteristic authorizing language. This report and its tables may reference authorities that some may not consider to be EI assistance and may not reference authorities that some consider to be EI assistance. The Congressional to be EI assistance and may not reference authorities that some consider to be EI assistance. The Congressional
Research Service (CRS) included authorities that direct the Secretary of the Army for Civil Works to provide assistance Research Service (CRS) included authorities that direct the Secretary of the Army for Civil Works to provide assistance
to nonfederal interests and that include to nonfederal interests and that include environmental infrastructure in the authority or name of the authority. CRS also in the authority or name of the authority. CRS also
included assistance authorities that do not explicitly include the phrase included assistance authorities that do not explicitly include the phrase environmental
similar activities (e.g., water supply, wastewatersimilar activities (e.g., water supply, wastewater
nonfederal cost share for assistance and 100% nonfederal operation and maintenance responsibilities) to assistance nonfederal cost share for assistance and 100% nonfederal operation and maintenance responsibilities) to assistance
authorities with the phrase authorities with the phrase environmental infrastructure (e.g., some non-Section 219 project authorities). The “Corps of (e.g., some non-Section 219 project authorities). The “Corps of
Engineers Environmental Infrastructure Projects” spreadsheet that USACE provided to CRS in 2012 also identified Engineers Environmental Infrastructure Projects” spreadsheet that USACE provided to CRS in 2012 also identified
some authorities related to environmental restoration activitiessome authorities related to environmental restoration activities
of WRDA 2000 (P.L. 106-541), as amended, for Lake Champlain, VT and NY, was not included in of WRDA 2000 (P.L. 106-541), as amended, for Lake Champlain, VT and NY, was not included in
spreadsheet, USACE has allocated EI funding in work plans to the program; for this reason, CRS included spreadsheet, USACE has allocated EI funding in work plans to the program; for this reason, CRS included
necessary for construction, operation and maintenance of a project; these may credit toward the value of the nonfederal necessary for construction, operation and maintenance of a project; these may credit toward the value of the nonfederal
sponsor’s cost share. sponsor’s cost share.
Missions/Civil-Works/Project-Partnership-Agreements/model_env-inf/. Missions/Civil-Works/Project-Partnership-Agreements/model_env-inf/.
Section 8149 of WRDA 2022 amended 33 U.S.C. §2222, an authority regarding the use of other federal funds for nonfederal cost shares for USACE studies or projects. The amendment would expand the provision to include “a study or project under an environmental infrastructure assistance program” and potentially expand the eligibility of other federal funds for nonfederal cost shares. It is unclear if EI assistance program includes non-Section 219 EI projects and Section 219 EI assistance authorities. Congressional Research Service 2 Overview of U.S. Army Corps of Engineers
Authority Modifications from 2014 to 2020
in WRDAs from 2014 through 2020, but modified certain modified certain EI authorities in authorities in
did not enact new authorities during this time due to policies restricting congressionally directed did not enact new authorities during this time due to policies restricting congressionally directed
authorization and appropriations (i.e., authorization and appropriations (i.e., earmarks) in the 112th-116th Congresses.) in the 112th-116th Congresses.
a process for nonfederal sponsors to propose modifications to EI assistance authorities when a process for nonfederal sponsors to propose modifications to EI assistance authorities when
WRDA 2016 (P.L. 114-322, Title I) expanded Section 7001 of WRDA 2016 (P.L. 114-322, Title I) expanded Section 7001 of the Water Resources Reform and Water Resources Reform and
Development Act of 2014 (WRRDA 2014; P.L. 113-121Development Act of 2014 (WRRDA 2014; P.L. 113-121
process, nonfederal sponsors may propose modifications to existing EI assistance authorizations , nonfederal sponsors may propose modifications to existing EI assistance authorizations
(e.g., expand the location, amend eligible project types, (e.g., expand the location, amend eligible project types, or adjust the authorization of adjust the authorization of
appropriations).appropriations).
identifying proposals by nonfederal interests that meet certain criteria. Congress may consider identifying proposals by nonfederal interests that meet certain criteria. Congress may consider
these proposals as part of WRDA deliberations. For example, in WRDA 2020 (P.L. 116-260, these proposals as part of WRDA deliberations. For example, in WRDA 2020 (P.L. 116-260,
Division AA), Congress amended 14 EI assistance authorities to increase their authorizations of Division AA), Congress amended 14 EI assistance authorities to increase their authorizations of
appropriations appropriations
WRDA 2020 expanded the authorized geographic scope or expanded the authorized geographic scope or types of eligible activities. Deauthorization Processes In WRDAs, Congress has authorized various processes to deauthorize existing authorities meeting certain criteria. In two instances, these processes have resulted in the deauthorization of EI assistance authorities.12 9 See 33 U.S.C. §2282d. 10 For more information on the Section 7001 proposal process, see CRS Insight IN11118, Army Corps of Engineers: Section 7001 Report on Future Studies and Projects, by Anna E. Normand. 11 The combined increase in authorization of appropriations for these 14 authorities was $828.5 million. 12 CRS did not identify any enacted provisions where Congress has deauthorized individual EI assistance authorities. Congressional Research Service 3 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance In Section 1001(b)(2) of WRDA 1986 (P.L. 99-662), as amended (33 U.S.C. §579a(b)(2)), Congress enacted a deauthorization process that USACE used in 2009 to deauthorize certain EI assistance authorities.13 In WRRDA 2014, Congress enacted a one-time deauthorization process (i.e., the authority was for developing one list) that the Secretary of the Army for Civil Works (ASACW) used in 2016 to deauthorize certain EI assistance authorities.14 Congress enacted other one-time deauthorization processes in WRDA 2016 and WRDA 2018. In WRDA 2020, Congress repealed the ASACW’s existing deauthorization process authorities and enacted new deauthorization provisions, including a one-time deauthorization authority (33 U.S.C. §579d–2) that excluded EI assistance authorities. This WRDA 2020 process was to conclude with automatic deauthorization of projects after a two-year period for congressional review of a deauthorization project list transmitted by the ASACW to Congress. WRDA 2022 (Division H, Title LXXXI; P.L. 117-263) amended the WRDA 2020 process in various ways. The WRDA 2022 amendments to 33 U.S.C. §579d–2 conclude the deauthorization authority with the ASACW’s submission of the deauthorization list to Congress for review of the list (i.e., no automatic deauthorization).15 Unlike in WRDA 2020, EI assistance authorities are not specifically excluded from the amended one-time deauthorization list process. New Authorities and Authority Modifications in WRDA 2022 Congressional interest in expanding EI assistance continued in the 117th Congress, which included new EI assistance authorities in WRDA 2022.
Transportation and Infrastructure Committee considered their respective WRDA 2022 bills, S. Transportation and Infrastructure Committee considered their respective WRDA 2022 bills, S.
4136 and H.R. 7776.4136 and H.R. 7776.
by the Administration (e.g., nonfederal proposals included in a Section 7001 report) by the Administration (e.g., nonfederal proposals included in a Section 7001 report)
groundwater recharge, water recycling, coastal flooding, environmental restoration), the groundwater recharge, water recycling, coastal flooding, environmental restoration), the
geographic area covered (e.g., city, multiple cities, county, multiple counties, state/territory, geographic area covered (e.g., city, multiple cities, county, multiple counties, state/territory,
multiple states, multiple states, river basin), and the authorization of appropriations (e.g., less than $1 million, over basin), and the authorization of appropriations (e.g., less than $1 million, over
report. The House Transportation and Infrastructure Committee ordered reported H.R. 7776, WRDA 2022, on May 18, report. The House Transportation and Infrastructure Committee ordered reported H.R. 7776, WRDA 2022, on May 18,
2022. 2022.
(Section 510 of WRDA 1996 [P.L. 104-303], as amended), (Section 510 of WRDA 1996 [P.L. 104-303], as amended),
authorities for Los Angeles County, CA; Northern Missouri; and Southwestern authorities for Los Angeles County, CA; Northern Missouri; and Southwestern
Oregon, respectivelyOregon, respectively
multi-county areas to territoriesmulti-county areas to territories
Section Section
Division D of the Consolidated Appropriations Act, Division D of the Consolidated Appropriations Act,
recommendations to recommendations to
authorities in authorities in
work plan within 60 days of enactment. Further, for FY2023, Division A of the Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023 (P.L. 117-180) provided $20.0 million in emergency appropriations for EI assistance, which USACE
is available at https://is available at https://
(USACE) Civil Works: Policy Primer, by Nicole T. Carter and Anna E. Normand, for more information on USACE , by Nicole T. Carter and Anna E. Normand, for more information on USACE
IIJA funding and required reporting. IIJA funding and required reporting.
21 See 15 Feb 2022 Construction Spend Plan at USACE, “Bipartisan Infrastructure Law,” at https://www.usace.army.mil/Missions/Civil-Works/Supplemental-Work/BIL/. 22 The explanatory statement accompanying Division D of the Consolidated Appropriations Act, 2023 (P.L. 117-328), is available at https://www.congress.gov/117/crec/2022/12/20/168/198/CREC-2022-12-20.pdf. Congressional Research Service 6 link to page 11 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance allocated to Section 219(f)(167) of WRDA 1992, as amended, for water and wastewater infrastructure in Jackson, Mississippi.23 Analysis of Funding Data from FY2019 to FY2023 From FY2019 through FY2023, 31 states with EI assistance authorizations received funding from annual appropriations and supplemental appropriations (Figure 1). This funding supported projects under EI assistance program authorities, Section 219 projects, and acequias irrigation systems. Work plans, spend plans, and explanatory statements provide limited information on the type of projects and work to be accomplished under these authorities. Although they have EI assistance authorization, 15 states, 4 territories, and the District of Columbia did not receive funding during this period. Generally, USACE provides EI assistance funding to authorities that previously had received funding. Recently, however, Congress has directed USACE to fund several previously unfunded authorities. From FY2019 through FY2021, USACE limited EI funds to only those authorities that had received funds in previous FY2021, USACE limited EI funds to only those authorities that had received funds in previous
years. For enacted FY2021 appropriations (Division D of P.L. 116-260), Congress stated in the years. For enacted FY2021 appropriations (Division D of P.L. 116-260), Congress stated in the
accompanying explanatory statement that USACE may allocate funds to one or two EI authorities accompanying explanatory statement that USACE may allocate funds to one or two EI authorities
that were not previously funded. USACE chose not to fund new authorities in the FY2021 work that were not previously funded. USACE chose not to fund new authorities in the FY2021 work
plan. However, USACE allocated IIJA funding to 10 authorities not funded from plan. However, USACE allocated IIJA funding to 10 authorities not funded from
15 authorities that were not funded from authorities that were not funded from
FY2019 to FY2021. 23 Correspondence between CRS and USACE on January 4, 2023. Congressional Research Service Congressional Research Service
Figure 1. Annual Appropriations and IIJA EI Funding by State
( (
Source: CRS, using USACE work plans (FY2018-FY2022)CRS, using USACE work plans (FY2018-FY2022)
Notes: EI = Environmental infrastructure EI = Environmental infrastructure
Adding, Amending, or Deauthorizing EI Assistance Authorities
Congress may consider whether to add, amend, or deauthorize EI assistance authorities and, if so, Congress may consider whether to add, amend, or deauthorize EI assistance authorities and, if so,
how to address those provisions. During the earmark moratorium in the 112th-116th Congresses, how to address those provisions. During the earmark moratorium in the 112th-116th Congresses,
proposed by nonfederal sponsorsproposed by nonfederal sponsors, and and
through the Section 7001 process, but most of the provisions in these bills were not included in a through the Section 7001 process, but most of the provisions in these bills were not included in a
Section 7001 report (i.e., they likely were proposed through Member submissions to the Section 7001 report (i.e., they likely were proposed through Member submissions to the
assistance authority to include all or some parts of Delaware, Guam, Hawaii, Massachusetts, and assistance authority to include all or some parts of Delaware, Guam, Hawaii, Massachusetts, and
or America Samoa. In addition, EI assistance authorities or America Samoa. In addition, EI assistance authorities
states (e.g., states (e.g.,
Congress also may consider whether to deauthorize EI assistance authorities. Some EI assistance Congress also may consider whether to deauthorize EI assistance authorities. Some EI assistance
authorities have not received funding in recent years even though they previously received authorities have not received funding in recent years even though they previously received
funding, and many EI assistance authorities have never received funding. Some of these unfunded funding, and many EI assistance authorities have never received funding. Some of these unfunded
authorities may no longer reflect a current EI assistance need or may no longer have a nonfederal authorities may no longer reflect a current EI assistance need or may no longer have a nonfederal
entity interested in sponsoring the nonfederal responsibilities (e.g., cost share, operation and entity interested in sponsoring the nonfederal responsibilities (e.g., cost share, operation and
maintenance). maintenance).
WRDA 2022 stated, “Members may submit up to a total of five (5) requests for the authorization of new, project-WRDA 2022 stated, “Members may submit up to a total of five (5) requests for the authorization of new, project-
specific environmental infrastructure authorities, or the modification of existing environmental infrastructure specific environmental infrastructure authorities, or the modification of existing environmental infrastructure
authorities.” Subcommittee on Water Resources and Environment, authorities.” Subcommittee on Water Resources and Environment, Instructions: Member Electronic Submissions to the
Committee on
January 2022January 2022
Congressional Research Service Congressional Research Service
Appendix A. Examples of Environmental
Infrastructure Assistance Authorities
Congress has authorized and amended USACE environmental infrastructure (EI) assistance in Congress has authorized and amended USACE environmental infrastructure (EI) assistance in
omnibus authorization laws, often titled Water Resources Development Acts (WRDAs), and in omnibus authorization laws, often titled Water Resources Development Acts (WRDAs), and in
appropriations laws. Below are examples of EI assistance authorities appropriations laws. Below are examples of EI assistance authorities
the Water Resources Development Act of 1992 (WRDA 1992; P.L. 102-580), as amended, the Water Resources Development Act of 1992 (WRDA 1992; P.L. 102-580), as amended,
includes the majority of EI assistance authoritiesincludes the majority of EI assistance authorities
for brevity. Other examples include the following: for brevity. Other examples include the following:
1113 of WRDA 1986 [P.L. 99-662] as amended), and 1113 of WRDA 1986 [P.L. 99-662] as amended), and
EI programmatic authorities— EI programmatic authorities—
for a restoration example, Lake Tahoe Basin Restoration (Section 108, for a restoration example, Lake Tahoe Basin Restoration (Section 108,
Energy and Water Development Appropriations Act, 2005 [Division C of P.L. Energy and Water Development Appropriations Act, 2005 [Division C of P.L.
108-447]), 108-447]),
for an example of regions within a state, Southern and Eastern Kentucky for an example of regions within a state, Southern and Eastern Kentucky
(Section 531, WRDA 1996 [P.L. 104-303], as amended), and (Section 531, WRDA 1996 [P.L. 104-303], as amended), and
for a multi-state example, Western Rural Water (Section 595 of WRDA 1999 for a multi-state example, Western Rural Water (Section 595 of WRDA 1999
[ [
Section 219, WRDA 1992, as Amended
(a) IN GENERAL(a) IN GENERAL
carrying out water-related environmental infrastructure and resource protection and development carrying out water-related environmental infrastructure and resource protection and development
projects described in subsection (c), including waste water treatment and related facilities and projects described in subsection (c), including waste water treatment and related facilities and
water supply, storage, treatment, and distribution facilities. Such assistance may be in the form of water supply, storage, treatment, and distribution facilities. Such assistance may be in the form of
technical and planning and design assistance. If the Secretary is to provide any design or technical and planning and design assistance. If the Secretary is to provide any design or
engineering assistance to carry out a project under this section, the Secretary shall obtain by engineering assistance to carry out a project under this section, the Secretary shall obtain by
procurement from private sources all services necessary for the Secretary to provide such procurement from private sources all services necessary for the Secretary to provide such
assistance, unless the Secretary finds that (1) the service would require the use of a new assistance, unless the Secretary finds that (1) the service would require the use of a new
technology unavailable in the private sector, or (2) a solicitation or request for proposal has failed technology unavailable in the private sector, or (2) a solicitation or request for proposal has failed
to attract 2 or more bids or proposals. to attract 2 or more bids or proposals.
(b) NON-FEDERAL SHARE (b) NON-FEDERAL SHARE
is provided under this section shall not be less than 25 percent, except that such share shall be is provided under this section shall not be less than 25 percent, except that such share shall be
subject to the ability of the non-Federal interest to pay, including the procedures and regulations subject to the ability of the non-Federal interest to pay, including the procedures and regulations
relating to ability to pay established under section 103(m) of the Water Resources Development relating to ability to pay established under section 103(m) of the Water Resources Development
Act of 1986. Act of 1986.
(c) PROJECT DESCRIPTIONS (c) PROJECT DESCRIPTIONS
assistance under subsection (a) are as follows: assistance under subsection (a) are as follows:
(2) ATLANTA, GEORGIA (2) ATLANTA, GEORGIA
Atlanta, Georgia. Atlanta, Georgia.
geographic specific provisions for brevity. Segeographic specific provisions for brevity. See Appendix B for a list of all Section 219 geographic provisions. for a list of all Section 219 geographic provisions.
Congressional Research Service Congressional Research Service
(3) HAZARD, KENTUCKY (3) HAZARD, KENTUCKY
treatment plant), intake structures, raw water pipelines and pumps, distribution lines, and treatment plant), intake structures, raw water pipelines and pumps, distribution lines, and
pumps and storage tanks for Hazard, Kentucky. pumps and storage tanks for Hazard, Kentucky.
(4) ROUGE RIVER, MICHIGAN (4) ROUGE RIVER, MICHIGAN
project for the Western Townships Utility Authority, Rouge River, Wayne County, Michigan. project for the Western Townships Utility Authority, Rouge River, Wayne County, Michigan.
(5) JACKSON COUNTY, MISSISSIPPI (5) JACKSON COUNTY, MISSISSIPPI
project for the elimination or control of combined sewer overflows projects for the design, project for the elimination or control of combined sewer overflows projects for the design,
installation, enhancement, or repair of sewer systems for Jackson County, Mississippi. installation, enhancement, or repair of sewer systems for Jackson County, Mississippi.
.... ....
(d) AUTHORIZATION OF APPROPRIATIONS (d) AUTHORIZATION OF APPROPRIATIONS
providing assistance under this section $30,000,000. Such sums shall remain available until providing assistance under this section $30,000,000. Such sums shall remain available until
expended. expended.
(e) AUTHORIZATION OF APPROPRIATIONS FOR CONSTRUCTION ASSISTANCE (e) AUTHORIZATION OF APPROPRIATIONS FOR CONSTRUCTION ASSISTANCE
are authorized to be appropriated for providing construction assistance under this section: are authorized to be appropriated for providing construction assistance under this section:
(1) $32,500,000 for the project described in subsection (c)(5); (1) $32,500,000 for the project described in subsection (c)(5);
(5) $ (5) $
... ...
(f) ADDITIONAL ASSISTANCE (f) ADDITIONAL ASSISTANCE
assistance for construction for the following: assistance for construction for the following:
(1) ATLANTA, GEORGIA (1) ATLANTA, GEORGIA
watershed restoration and development in the regional Atlanta watershed, including Big Creek watershed restoration and development in the regional Atlanta watershed, including Big Creek
and Rock Creek. and Rock Creek.
(10) EASTERN SHORE AND SOUTHWEST VIRGINIA (10) EASTERN SHORE AND SOUTHWEST VIRGINIA
Scott, Russell, Dickenson, Buchanan, and Tazewell, Virginia.Scott, Russell, Dickenson, Buchanan, and Tazewell, Virginia.
counties of Lackawanna, Lycoming, Susquehanna, Wyoming, Pike, Wayne, Sullivan, Bradford, counties of Lackawanna, Lycoming, Susquehanna, Wyoming, Pike, Wayne, Sullivan, Bradford,
and Monroe, Pennsylvania, including assistance for the Mountoursville Regional Sewer and Monroe, Pennsylvania, including assistance for the Mountoursville Regional Sewer
Authority, Lycoming County, Pennsylvania. Authority, Lycoming County, Pennsylvania.
(12) CALUMET REGION, INDIANA (12) CALUMET REGION, INDIANA
the counties of Benton, Jasper, Lake, Newton, and Porter, Indiana. the counties of Benton, Jasper, Lake, Newton, and Porter, Indiana.
( (B) CREDIT.—The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), towards the non-Federal share of the cost of the project the cost of planning and design work carried out by the non-Federal interest for the project before the date of the partnership agreement for the project. Congressional Research Service 13 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance (13) CLINTON COUNTY, PENNSYLVANIA.—
Clinton County, Pennsylvania. Clinton County, Pennsylvania.
(21) BATON ROUGE, LOUISIANA (21) BATON ROUGE, LOUISIANA
parishes of East Baton Rouge, Ascension, and Livingston, Louisiana. parishes of East Baton Rouge, Ascension, and Livingston, Louisiana.
(22) EAST SAN JOAQUIN COUNTY, CALIFORNIA (22) EAST SAN JOAQUIN COUNTY, CALIFORNIA
and conjunctive use projects in Stockton East Water District, California. and conjunctive use projects in Stockton East Water District, California.
(23) SACRAMENTO AREA, CALIFORNIA (23) SACRAMENTO AREA, CALIFORNIA
recycling projects in Placer and El Dorado Counties and the San Juan recycling projects in Placer and El Dorado Counties and the San Juan
California. California.
Cumberland County, Tennessee. Cumberland County, Tennessee.
(25) LAKES MARION AND MOULTRIE, SOUTH CAROLINA (25) LAKES MARION AND MOULTRIE, SOUTH CAROLINA
treatment and water supply treatment and distribution projects in the counties of Calhoun, treatment and water supply treatment and distribution projects in the counties of Calhoun,
Clarendon, Colleton, Dorchester, Clarendon, Colleton, Dorchester,
... ...
( (
ACEQUIAS IRRIGATION SYSTEM. ACEQUIAS IRRIGATION SYSTEM.
(a)(1) The Congress finds that the irrigation ditch systems in New Mexico, known as the Acequia (a)(1) The Congress finds that the irrigation ditch systems in New Mexico, known as the Acequia
systems, date from the eighteenth century, and that these early engineering works have systems, date from the eighteenth century, and that these early engineering works have
significance in the settlement and development of the western portion of the United States. significance in the settlement and development of the western portion of the United States.
(2) The Congress, therefore, declares that the restoration and preservation of the Acequia systems (2) The Congress, therefore, declares that the restoration and preservation of the Acequia systems
has cultural and historic values to the region. has cultural and historic values to the region.
(b) (b)
AUTHORIZATION.—The Secretary shall carry out, without regard to economic analysis, such measures as are necessary to protect and restore the without regard to economic analysis, such measures as are necessary to protect and restore the
river diversion structures and associated river diversion structures and associated
and Acequia systems in New Mexico and Acequia systems in New Mexico
(community ditches) of the southwestern United States as public entities, if these systems are (community ditches) of the southwestern United States as public entities, if these systems are
chartered by the respective State laws as political subdivisions of that Statechartered by the respective State laws as political subdivisions of that State
status status
sponsors of water-related projects of the Secretary. sponsors of water-related projects of the Secretary.
Section 108, Energy and Water Development Appropriations Act,
LAKE TAHOE BASIN RESTORATION, NEVADA AND CALIFORNIA. LAKE TAHOE BASIN RESTORATION, NEVADA AND CALIFORNIA.
(a) DEFINITION. (a) DEFINITION.
drainage of Lake Tahoe including that portion of the Truckee River 1,000 feet downstream from drainage of Lake Tahoe including that portion of the Truckee River 1,000 feet downstream from
the United States Bureau of Reclamation dam in Tahoe City, California. the United States Bureau of Reclamation dam in Tahoe City, California.
(b) Establishment of Program.—The Secretary may establish a program for providing (b) Establishment of Program.—The Secretary may establish a program for providing
environmental assistance to non-Federal interests in Lake Tahoe Basin. environmental assistance to non-Federal interests in Lake Tahoe Basin.
(c) Form of Assistance.—Assistance under this section may be in the form of planning, design, (c) Form of Assistance.—Assistance under this section may be in the form of planning, design,
and construction assistance for water-related environmental infrastructure and resource protection and construction assistance for water-related environmental infrastructure and resource protection
and development projects in Lake Tahoe Basin— and development projects in Lake Tahoe Basin—
(1) urban stormwater conveyance, treatment and related facilities; (1) urban stormwater conveyance, treatment and related facilities;
(2) watershed planning, science and research; (2) watershed planning, science and research;
(3) environmental restoration; and (3) environmental restoration; and
(4) surface water resource protection and development. (4) surface water resource protection and development.
(d) Public Ownership Requirement.—The Secretary may provide assistance for a project under (d) Public Ownership Requirement.—The Secretary may provide assistance for a project under
this section only if the project is publicly owned. this section only if the project is publicly owned.
(e) Local Cooperation Agreement.— (e) Local Cooperation Agreement.—
35 Lake Tahoe Basin Restoration is an example of an EI assistance authority with an environmental restoration focus, but USACE has provided funding for the authority using appropriations Congress has specified for EI assistance. Congressional Research Service 15 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance (1) In general.—Before providing assistance under this section, the Secretary shall enter into (1) In general.—Before providing assistance under this section, the Secretary shall enter into a
local cooperation agreement with a non-Federal interest to provide for design and construction of local cooperation agreement with a non-Federal interest to provide for design and construction of
the project to be carried out with the assistance. the project to be carried out with the assistance.
(2) Requirements.—Each local cooperation agreement entered into under this subsection shall (2) Requirements.—Each local cooperation agreement entered into under this subsection shall
provide for the following: provide for the following:
(A) Plan.—Development by the Secretary, in consultation with appropriate Federal and State and (A) Plan.—Development by the Secretary, in consultation with appropriate Federal and State and
Regional officials, of appropriate environmental documentation, engineering plans and Regional officials, of appropriate environmental documentation, engineering plans and
specifications. specifications.
(B) Legal and institutional structures.—Establishment of such legal and institutional structures as (B) Legal and institutional structures.—Establishment of such legal and institutional structures as
are necessary to ensure the effective long-term operation of the project by the non-Federal are necessary to ensure the effective long-term operation of the project by the non-Federal
interest. interest.
(3) Cost sharing.— (3) Cost sharing.—
(A) In general.—The Federal share of project costs under each local cooperation agreement (A) In general.—The Federal share of project costs under each local cooperation agreement
entered into under this subsection shall be 75 percent. The Federal share may be in the form of entered into under this subsection shall be 75 percent. The Federal share may be in the form of
grants or reimbursements of project costs. grants or reimbursements of project costs.
(B) Credit for design work.—The non-Federal interest shall receive credit for the reasonable costs (B) Credit for design work.—The non-Federal interest shall receive credit for the reasonable costs
of planning and design work completed by the non-Federal interest before entering into a local of planning and design work completed by the non-Federal interest before entering into a local
cooperation agreement with the Secretary for a project. cooperation agreement with the Secretary for a project.
(C) Land, easements, rights-of-way, and relocations.—The non-Federal interest shall receive (C) Land, easements, rights-of-way, and relocations.—The non-Federal interest shall receive
credit for land, easements, rights-of-way, and relocations provided by the non-Federal interest credit for land, easements, rights-of-way, and relocations provided by the non-Federal interest
toward the non-Federal share of project costs (including all reasonable costs associated with toward the non-Federal share of project costs (including all reasonable costs associated with
obtaining permits necessary for the construction, operation, and maintenance of the project on obtaining permits necessary for the construction, operation, and maintenance of the project on
publicly owned or controlled land), but not to exceed 25 percent of total project costs. publicly owned or controlled land), but not to exceed 25 percent of total project costs.
(D) Operation and maintenance.—The non-Federal share of operation and maintenance costs for (D) Operation and maintenance.—The non-Federal share of operation and maintenance costs for
projects constructed with assistance provided under this section shall be 100 percent. projects constructed with assistance provided under this section shall be 100 percent.
(f) Applicability of Other Federal and State Laws.—Nothing in this section waives, limits, or (f) Applicability of Other Federal and State Laws.—Nothing in this section waives, limits, or
otherwise affects the applicability of any provision of Federal or State law that would otherwise otherwise affects the applicability of any provision of Federal or State law that would otherwise
apply to a project to be carried out with assistance provided under this section. apply to a project to be carried out with assistance provided under this section.
section for the period beginning with fiscal year 2005, $section for the period beginning with fiscal year 2005, $
expended. expended.
Section 531, WRDA 1996, as Amended
SOUTHERN AND EASTERN KENTUCKY. SOUTHERN AND EASTERN KENTUCKY.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary may establish a program for providing (a) ESTABLISHMENT OF PROGRAM.—The Secretary may establish a program for providing
environmental assistance to non-Federal interests in southern and eastern Kentucky. environmental assistance to non-Federal interests in southern and eastern Kentucky.
(b) FORM OF ASSISTANCE.—Assistance under this section may be in the form of design and (b) FORM OF ASSISTANCE.—Assistance under this section may be in the form of design and
construction assistance for construction assistance for
and resource protection and development projects in southern and eastern Kentucky, including and resource protection and development projects in southern and eastern Kentucky, including
projects for wastewater treatment and related facilities, water supply and related facilities, surface projects for wastewater treatment and related facilities, water supply and related facilities, surface
Congressional Research Service 16 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance water resource protection and development, and small stream flooding, local storm water water resource protection and development, and small stream flooding, local storm water
drainage, and related problems. drainage, and related problems.
(c) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a (c) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a
project under this section only if the project is publicly owned. project under this section only if the project is publicly owned.
(d) PROJECT COOPERATION AGREEMENTS.— (d) PROJECT COOPERATION AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance under this section, the Secretary shall enter into (1) IN GENERAL.—Before providing assistance under this section, the Secretary shall enter into
a project cooperation agreement with a non-Federal interest to provide for design and a project cooperation agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with such assistance. Notwithstanding section 221(b) construction of the project to be carried out with such assistance. Notwithstanding section 221(b)
of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any project undertaken under this of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any project undertaken under this
section, with the consent of the affected local government, a non-Federal interest may include a section, with the consent of the affected local government, a non-Federal interest may include a
nonprofit entity. nonprofit entity.
(2) REQUIREMENTS.—Each agreement entered into under this subsection shall provide for the (2) REQUIREMENTS.—Each agreement entered into under this subsection shall provide for the
following: following:
(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State (A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State
officials, of a facilities development plan or resource protection plan, including appropriate plans officials, of a facilities development plan or resource protection plan, including appropriate plans
and specifications. and specifications.
(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and (B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and
institutional structures as are necessary to ensure the effective long-term operation of the project institutional structures as are necessary to ensure the effective long-term operation of the project
by the non-Federal interest. by the non-Federal interest.
(3) COST SHARING.— (3) COST SHARING.—
(A) IN GENERAL.—Total project costs under each agreement entered into under this subsection (A) IN GENERAL.—Total project costs under each agreement entered into under this subsection
shall be shared at 75 percent Federal and 25 percent non-Federal. The Federal share may be in the shall be shared at 75 percent Federal and 25 percent non-Federal. The Federal share may be in the
form of grants or reimbursements of project costs. form of grants or reimbursements of project costs.
(B) CREDIT FOR DESIGN WORK.—The non-Federal interest shall receive credit for the (B) CREDIT FOR DESIGN WORK.—The non-Federal interest shall receive credit for the
reasonable costs of design work completed by such interest before entering into the agreement reasonable costs of design work completed by such interest before entering into the agreement
with the Secretary. with the Secretary.
(C) CREDIT FOR CERTAIN FINANCING COSTS.—In the event of a delay in the (C) CREDIT FOR CERTAIN FINANCING COSTS.—In the event of a delay in the
reimbursement of the non-Federal share of a project, the non-Federal interest shall receive credit reimbursement of the non-Federal share of a project, the non-Federal interest shall receive credit
for reasonable interest and other associated financing costs necessary for such non-Federal for reasonable interest and other associated financing costs necessary for such non-Federal
interest to provide the non-Federal share of the project’s cost. interest to provide the non-Federal share of the project’s cost.
credit for lands, easements, rights-of-way, and relocations provided by the non-Federal interest credit for lands, easements, rights-of-way, and relocations provided by the non-Federal interest
toward its share of project costs (including costs associated with obtaining permits necessary for toward its share of project costs (including costs associated with obtaining permits necessary for
the placement of such project on publicly owned or controlled lands), but not to exceed 25 the placement of such project on publicly owned or controlled lands), but not to exceed 25
percent of total project costs. percent of total project costs.
(E) OPERATION AND MAINTENANCE.—The non-Federal share of operation and (E) OPERATION AND MAINTENANCE.—The non-Federal share of operation and
maintenance costs for projects constructed under an agreement entered into under this subsection maintenance costs for projects constructed under an agreement entered into under this subsection
shall be 100 percent. shall be 100 percent.
(e) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—Nothing in this section (e) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—Nothing in this section
shall be construed as waiving, limiting, or otherwise affecting the applicability of any provision shall be construed as waiving, limiting, or otherwise affecting the applicability of any provision
of Federal or State law that would otherwise apply to a project to be carried out with assistance of Federal or State law that would otherwise apply to a project to be carried out with assistance
provided under this section. provided under this section.
Congressional Research Service 17 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance (f) REPORT.—Not later than December 31, 1999, the Secretary shall transmit to Congress a (f) REPORT.—Not later than December 31, 1999, the Secretary shall transmit to Congress a
report on the results of the program carried out under this section, together with recommendations report on the results of the program carried out under this section, together with recommendations
concerning whether or not such program should be implemented on a national basis. concerning whether or not such program should be implemented on a national basis.
(g) SOUTHERN AND EASTERN KENTUCKY DEFINED.—In this section, the term ‘‘southern (g) SOUTHERN AND EASTERN KENTUCKY DEFINED.—In this section, the term ‘‘southern
and eastern Kentucky’’ means Morgan, Floyd, Pulaski, Wayne, Laurel, Knox, Pike, Menifee, and eastern Kentucky’’ means Morgan, Floyd, Pulaski, Wayne, Laurel, Knox, Pike, Menifee,
Perry, Harlan, Breathitt, Martin, Jackson, Wolfe, Clay, Magoffin, Owsley, Johnson, Leslie, Perry, Harlan, Breathitt, Martin, Jackson, Wolfe, Clay, Magoffin, Owsley, Johnson, Leslie,
Lawrence, Knott, Bell, McCreary, Rockcastle, Whitley, Lee, Boyd, Carter, Elliott, Lincoln, Bath, Lawrence, Knott, Bell, McCreary, Rockcastle, Whitley, Lee, Boyd, Carter, Elliott, Lincoln, Bath,
Rowan, and Letcher Counties, Kentucky. Rowan, and Letcher Counties, Kentucky.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to (h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to
carry out this section $100,000,000. carry out this section $100,000,000.
(i) CORPS OF ENGINEERS EXPENSES.—Not more than 10 percent of the amounts (i) CORPS OF ENGINEERS EXPENSES.—Not more than 10 percent of the amounts
appropriated to carry out this section may be used by the Corps of Engineers district offices to appropriated to carry out this section may be used by the Corps of Engineers district offices to
administer projects under this section at Federal expense. administer projects under this section at Federal expense.
Section 595, WRDA 1999, as Amended
WESTERN RURAL WATER WESTERN RURAL WATER
(a) DEFINITION. (a) DEFINITION.
(1) RURAL NEVADA (1) RURAL NEVADA
(A) the counties of Lincoln, White Pine, Nye, Eureka, Elko, Humboldt, Pershing, Churchill, (A) the counties of Lincoln, White Pine, Nye, Eureka, Elko, Humboldt, Pershing, Churchill,
Storey, Lyon, Carson, Douglas, Mineral, Esmeralda, and Lander, Nevada; Storey, Lyon, Carson, Douglas, Mineral, Esmeralda, and Lander, Nevada;
(B) the portions of Washoe County,· Nevada, that are located outside the cities of Reno and (B) the portions of Washoe County,· Nevada, that are located outside the cities of Reno and
Sparks; and Sparks; and
(C) the portions of Clark County, Nevada, that are located outside the cities of Las Vegas, North (C) the portions of Clark County, Nevada, that are located outside the cities of Las Vegas, North
Las Vegas, and Henderson and the unincorporated portion of the county in the Las Vegas Valley. Las Vegas, and Henderson and the unincorporated portion of the county in the Las Vegas Valley.
(2) RURAL UTAH. (2) RURAL UTAH.
(A) the counties of Box Elder, Cache, Rich, Tooele, Morgan, Summit, (A) the counties of Box Elder, Cache, Rich, Tooele, Morgan, Summit,
Duchesne, Uintah, Juab, Sanpete, Carbon, Millard, Sevier, Emery, Grand, Beaver, Piute, Wayne, Duchesne, Uintah, Juab, Sanpete, Carbon, Millard, Sevier, Emery, Grand, Beaver, Piute, Wayne,
Iron, Garfield, San Juan, and Kane, Utah; and Iron, Garfield, San Juan, and Kane, Utah; and
(B) the portions of Washington County, Utah, that are located outside the city of St. (B) the portions of Washington County, Utah, that are located outside the city of St. George, Utah.
environmental assistance to non-Federal interests in Arizona, Idaho, Montana, rural Nevada, New environmental assistance to non-Federal interests in Arizona, Idaho, Montana, rural Nevada, New
Mexico, rural Utah, and Wyoming. (c) FORM OF ASSISTANCE.-Assistance under this section Mexico, rural Utah, and Wyoming. (c) FORM OF ASSISTANCE.-Assistance under this section
may be in the form ofmay be in the form of
(1) design and construction assistance for water-related environmental infrastructure and resource (1) design and construction assistance for water-related environmental infrastructure and resource
protection and development in Arizona, Idaho, Montana, rural Nevada, New Mexico, rural Utah, protection and development in Arizona, Idaho, Montana, rural Nevada, New Mexico, rural Utah,
and Wyoming, including projects forand Wyoming, including projects for
(A) wastewater treatment and related facilities; (B) water supply and related facilities; (C) (A) wastewater treatment and related facilities; (B) water supply and related facilities; (C)
environmental restoration; and (D) surface water resource protection and development; environmental restoration; and (D) surface water resource protection and development; and Congressional Research Service 18 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance
access to water resources. access to water resources.
(d) PUBLIC OWNERSHIP REQUIREMENT (d) PUBLIC OWNERSHIP REQUIREMENT
under this section only if the project is publicly owned. under this section only if the project is publicly owned.
(e) LOCAL COOPERATION AGREEMENT. (e) LOCAL COOPERATION AGREEMENT.—- -
(1) IN GENERAL-Before providing assistance under this section, the Secretary shall enter into a (1) IN GENERAL-Before providing assistance under this section, the Secretary shall enter into a
local cooperation agreement with a non-Federal interest to provide for design and construction of local cooperation agreement with a non-Federal interest to provide for design and construction of
the project to be carried out with the assistance. the project to be carried out with the assistance.
(2) REQUIREMENTS. (2) REQUIREMENTS.
provide for the following: provide for the following:
(A) PLAN. (A) PLAN.
officials, of a facilities or resource protection and development plan, including appropriate officials, of a facilities or resource protection and development plan, including appropriate
engineering plans and specifications. engineering plans and specifications.
(B) LEGAL AND INSTITUTIONAL STRUCTURES. (B) LEGAL AND INSTITUTIONAL STRUCTURES.
institutional structures as are necessary to ensure the effective long-term operation of the project institutional structures as are necessary to ensure the effective long-term operation of the project
by the non-Federal interest. by the non-Federal interest.
(3) COST SHARING. (3) COST SHARING.
(A) IN GENERAL (A) IN GENERAL
entered into under this subsection shall be 75 percent. The Federal share may be in the form of entered into under this subsection shall be 75 percent. The Federal share may be in the form of
grants or reimbursements of project costs. grants or reimbursements of project costs.
(B) CREDIT FOR DESIGN WORK. (B) CREDIT FOR DESIGN WORK.
reasonable costs of design work completed by the non-Federal interest before entering into a local reasonable costs of design work completed by the non-Federal interest before entering into a local
cooperation agreement with the Secretary for a project. cooperation agreement with the Secretary for a project.
(C) CREDIT FOR INTEREST. (C) CREDIT FOR INTEREST.
costs of a project that is the subject of an agreement under this section, the non-Federal interest costs of a project that is the subject of an agreement under this section, the non-Federal interest
shall receive credit for reasonable interest incurred in providing the non-Federal share of the shall receive credit for reasonable interest incurred in providing the non-Federal share of the
project costs. project costs.
(D) LAND, EASEMENTS, RIGHTS-OF-WAY, AND RELOCATIONS. (D) LAND, EASEMENTS, RIGHTS-OF-WAY, AND RELOCATIONS.
shall receive credit for land, easements, rights-of-way, and relocations provided by the non-shall receive credit for land, easements, rights-of-way, and relocations provided by the non-
Federal interest toward the non-Federal share of project costs (including all reasonable costs Federal interest toward the non-Federal share of project costs (including all reasonable costs
associated with obtaining permits necessary for the construction, operation, and maintenance of associated with obtaining permits necessary for the construction, operation, and maintenance of
the project on publicly owned or controlled land), but not to exceed 25 percent of total project the project on publicly owned or controlled land), but not to exceed 25 percent of total project
costs for projects constructed with assistance provided under this section shall be 100 percent. costs for projects constructed with assistance provided under this section shall be 100 percent.
(f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS. (f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.
waives, limits, or otherwise affects the applicability of any provision of Federal or State law that waives, limits, or otherwise affects the applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with assistance provided under this section. would otherwise apply to a project to be carried out with assistance provided under this section.
(g) REPORT. (g) REPORT.
on the results of the program carried out under this section, including recommendations on the results of the program carried out under this section, including recommendations
concerning whether the program should be implemented on a national basis. concerning whether the program should be implemented on a national basis.
(h) ELIGIBILITY. (h) ELIGIBILITY.
locales described in subsection (b) consistent with program priorities determined by the Secretary locales described in subsection (b) consistent with program priorities determined by the Secretary
in accordance with criteria developed by the Secretary to establish the program priorities. in accordance with criteria developed by the Secretary to establish the program priorities.
(2) SELECTION OF PROJECTS. (2) SELECTION OF PROJECTS.
Secretary shall give priority to a project located in an eligible State or local entity for which the Secretary shall give priority to a project located in an eligible State or local entity for which the
project sponsor is prepared to— project sponsor is prepared to—
(A) execute a new or amended project cooperation agreement; and (A) execute a new or amended project cooperation agreement; and
(B) commence promptly after the date of enactment of the Water Resources Development Act of (B) commence promptly after the date of enactment of the Water Resources Development Act of
2016. 2016.
(3) RURAL PROJECTS. (3) RURAL PROJECTS.
an environmental infrastructure project authorized under section 219 of the Water Resources an environmental infrastructure project authorized under section 219 of the Water Resources
Development Act of 1992 (P.L. 102-580; 106 Stat. 4835) for new starts on the same basis as any Development Act of 1992 (P.L. 102-580; 106 Stat. 4835) for new starts on the same basis as any
other similarly funded project. other similarly funded project.
(i) AUTHORIZATION OF APPROPRIATIONS. (i) AUTHORIZATION OF APPROPRIATIONS.
out this section, to remain available until expended— out this section, to remain available until expended—
(1) for the period beginning with fiscal year 2001, $ (1) for the period beginning with fiscal year 2001, $
Nevada, New Mexico, rural Utah, and Wyoming; and Nevada, New Mexico, rural Utah, and Wyoming; and
(2) $ (2) $
Congressional Research Service Congressional Research Service
Appendix B. Summary of Environmental
Infrastructure Assistance Authorities
Table B-1. Summary of Environmental Infrastructure Assistance Authorities
Appropriations
Section 219 Project Authorities
Colonias Along the United States- Colonias Along the United States-
Section 219 Section 219
$35,000,000 $35,000,000
Mexico Border Mexico Border
WRDA 1992, as amended WRDA 1992, as amended
$5,000,000 AL Crawford County, AR Crawford County, AR
Section 219 Section 219
$35,000,000 $35,000,000
Eastern Arkansas Enterprise Eastern Arkansas Enterprise
Section 219 Section 219
$20,000,000 $20,000,000
Community, AR Community, AR
WRDA 1992, as amended WRDA 1992, as amended
Section 219 Section 219
$27,000,000 $27,000,000
WRDA 1992, as amended WRDA 1992, as amended
Section 219 Section 219
$ $
Alameda Alameda
$25,000,000 CA Aliso Creek, Orange County, CA Aliso Creek, Orange County, CA
Section 219 Section 219
$5,000,000 $5,000,000
Alpine, CA Section 219(f)(77), WRDA 1992, as amended $10,000,000 Amador County, CA Amador County, CA
Section 219 Section 219
$3,000,000 $3,000,000
Arcadia, Sierra Madre, and Upland, CA Arcadia, Sierra Madre, and Upland, CA
Section 219 Section 219
$33,000,000 $33,000,000
$15,000,000 Agency, CA Brawley Colonia, Imperial County, CA Brawley Colonia, Imperial County, CA
Section 219 Section 219
$1,400,000 $1,400,000
Calaveras County, CA Calaveras County, CA
Section 219 Section 219
$3, $3,
Cambria, CA Cambria, CA
Section 219 Section 219
$10,300,000 $10,300,000
Compton Creek, CA Section 219(f)(281), WRDA 1992, as amended $6,165,000 Contra Costa Water District, CA Contra Costa Water District, CA
Section 219 Section 219
$23,000,000 $23,000,000
Coronado, CA Coronado, CA
Section 219 Section 219
$10,000,000 $10,000,000
Desert Hot Springs, CA Desert Hot Springs, CA
Section 219 Section 219
$35,000,000 $35,000,000
WRDA 1992, as amended WRDA 1992, as amended
Downey, CA Section 219(f)(282), WRDA 1992, as amended $100,000,000 Congressional Research Service 21 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Authorization of Name Authority Appropriations East Bay, San Francisco, and Santa Clara Section 219East Bay, San Francisco, and Santa Clara Section 219
$4,000,000 $4,000,000
Areas, CA Areas, CA
East East County, San Diego County, CA Section 219(f)(283), WRDA 1992, as amended $70,000,000 East Palo Alto, CA Palo Alto, CA
Section 219 Section 219
$4,000,000 $4,000,000
East San Joaquin County, CA East San Joaquin County, CA
Section 219 Section 219
$25,000,000 $25,000,000
Section 219 Section 219
$ $
Section 219 Section 219
$20,000,000 $20,000,000
WRDA 1992, as amended WRDA 1992, as amended
Inland Empire, CA Section 219(f)(288), WRDA 1992, as amended $60,000,000 La Habra, CA La Habra, CA
Section 219 Section 219
$5,000,000 $5,000,000
La Mirada, CA La Mirada, CA
Section 219 Section 219
$4,000,000 $4,000,000
Lancaster, CA Lancaster, CA
Section 219 Section 219
$1,500,000 $1,500,000
Lassen, Plumas, Butte, Sierra, and Lassen, Plumas, Butte, Sierra, and
Section 219(f)(74), WRDA 1992, as amended $25,000,000 $25,000,000
Nevada Counties, CA Nevada Counties, CA
Lomita, CA Section 219Section 219
$4,716,600 Los Angeles County, CA Los Angeles County, CA
Section 219 Section 219
$ $
Los Angeles County, CA Los Angeles County, CA
Section 219 Section 219
$20,000,000 $20,000,000
Los Osos, CA Los Osos, CA
Section 219 Section 219
$35,000,000 $35,000,000
WRDA 1992, as amended WRDA 1992, as amended
Malibu, CA Malibu, CA
Section 219 Section 219
$3,000,000 $3,000,000
Section 219 Section 219
Section 219 Section 219
$24,500,000 $24,500,000
Norwalk, CA Norwalk, CA
Section 219 Section 219
$20,000,000 $20,000,000
WRDA 1992, as amended WRDA 1992, as amended
Ontario, CA Section 219(f)(294), WRDA 1992, as amended $40,700,000 Orange County, CA Orange County, CA
Section 219 Section 219
(f)(98), WRDA 1992, as amended $10,000,000 Paramount, CA Section 219(f)(295), WRDA 1992, as amended $20,000,000 Congressional Research Service 22 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Authorization of Name Authority Appropriations Petaluma, CA Section 219(f)(296), WRDA 1992, as amended $13,700,000 Placer and El Dorado Counties, CA Section 219(f)(73), WRDA 1992, as amended $35,000,000 Placer County, CA Section 219(f)(297), WRDA 1992, as amended $21,000,000 Port of Stockton, Stockton, CA Section 219(f)(99), WRDA 1992, as amended $3,000,000 Perris, CA Section 219(f)(100), WRDA 1992, as amended $3,000,000 Rialto, CA Section 219(f)(298), WRDA 1992, as amended $27,500,000 Rincon Reservation, CA Section 219(f)(299), WRDA 1992, as amended $38,000,000 Sacramento Area, CA Section 219(f)(23), WRDA 1992, as amended $45,000,000 Sacramento-San Joaquin Delta, CA Section 219(f)(300), WRDA 1992, as amended $50,000,000 San Bernardino County, CA Section 219(f)(101), WRDA 1992, as amended $9,000,000 San Joaquin and Stanislaus, CA Section 219(f)(301), WRDA 1992, as amended $200,000,000 San Ramon Valley, CA Section 219(f)(42), WRDA 1992, as amended $15,000,000 Santa Clara County, CA Section 219(f)(102), WRDA 1992, as amended $5,500,000 Santa Monica, CA Section 219(f)(103), WRDA 1992, as amended $3,000,000 Santa Rosa, CA Section 219(f)(302), WRDA 1992, as amended $19,400,000 Sierra Madre, CA Section 219(f)(303), WRDA 1992, as amended $20,000,000 Smith River, CA Section 219(f)(304), WRDA 1992, as amended $25,000,000 Southern Lost Angeles County, CA Section 219(f)(104), WRDA 1992, as amended $15,000,000 South Perris, CA Section 219(f)(52), WRDA 1992, as amended $50,000,000 South San Francisco, CA Section 219(f)(305), WRDA 1992, as amended $270,000,000 Stockton, CA Section 219(f)(105), WRDA 1992, as amended $33,000,000 Sweetwater Reservoir, San Diego Section 219(f)(106), WRDA 1992, as amended $375,000 County, CA Temecula, CA Section 219(f)(306), WRDA 1992, as amended $18,000,000 Torrance, CA Section 219(f)(307), WRDA 1992, as amended $100,000,000 Western Contra Costa County, CA Section 219(f)(308), WRDA 1992, as amended $15,000,000 Whittier, CA Section 219(f)(107), WRDA 1992, as amended $8,000,000 Yolo County, CA Section 219(f)(309), WRDA 1992, as amended $6,000,000 Arkansas Valley Conduit, CO Section 219(f)(108), WRDA 1992, as amended $10,000,000 Boulder County, CO Section 219(f)(109), WRDA 1992, as amended $20,000,000 Montezuma and La Plata Counties, CO Section 219(f)(110), WRDA 1992, as amended $1,000,000 Otero, Bent, Crowley, Kiowa, and Section 219(f)(111), WRDA 1992, as amended $35,000,000 Prowers Counties, CO Pueblo and Otero Counties, CO Section 219(f)(112), WRDA 1992, as amended $34,000,000 Enfield, CT Section 219(f)(113), WRDA 1992, as amended $1,000,000 Hebron, CT Section 219(f)(310), WRDA 1992, as amended $3,700,000 Ledyard and Montvil e, CT Section 219(f)(114), WRDA 1992, as amended $7,113,000 Congressional Research Service 23 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Authorization of Name Authority Appropriations New Haven, CT Section 219(f)(115), WRDA 1992, as amended $300,000 New London, CT Section 219(f)(311), WRDA 1992, as amended $16,000,000 Norwalk, CT Section 219(f)(116), WRDA 1992, as amended $3,000,000 Plainvil e, CT Section 219(f)(117), WRDA 1992, as amended $6,280,000 Southington, CT Section 219(f)(118), WRDA 1992, as amended $9,420,000 Windham, CT Section 219(f)(312), WRDA 1992, as amended $18,000,000 District of Columbia Section 219(f)(120), WRDA 1992, as amended $35,000,000 Washington, DC Section 219(f)(316), WRDA 1992, as amended $1,000,000 Anacostia River, DC and MD Section 219(f)(119), WRDA 1992, as amended $20,000,000 Kent, DE Section 219(f)(313), WRDA 1992, as amended $35,000,000 New Castle, DE Section 219(f)(314), WRDA 1992, as amended $35,000,000 Sussex, DE Section 219(f)(315), WRDA 1992, as amended $35,000,000 Charlotte County, FL Section 219(f)(121), WRDA 1992, as amended $33,000,000 Charlotte, Lee, and Col ier Counties, Section 219(f)(122), WRDA 1992, as amended $20,000,000 FL Col ier County, FL Section 219(f)(123), WRDA 1992, as amended $5,000,000 Hil sborough County, FL Section 219(f)(124), WRDA 1992, as amended $6,250,000 Jacksonvil e, FL Section 219(f)(125), WRDA 1992, as amended $25,000,000 Longboat Key, FL Section 219(f)(317), WRDA 1992, as amended $12,750,000 Miami-Dade County, FL Section 219(f)(128), WRDA 1992, as amended $190,250,000 Martin, St. Lucie, and Palm Beach Section 219(f)(318), WRDA 1992, as amended $100,000,000 Counties, FL Palm Beach County, FL Section 219(f)(129), WRDA 1992, as amended $7,500,000 Polk County, FL Section 219(f)(319), WRDA 1992, as amended $10,000,000 Okeechobee County, FL Section 219(f)(320), WRDA 1992, as amended $20,000,000 Orange County, FL Section 219(f)(321), WRDA 1992, as amended $50,000,000 Sarasota County, FL Section 219(f)(126), WRDA 1992, as amended $10,000,000 South Seminole and North Orange Section 219(f)(127), WRDA 1992, as amended $30,000,000 County, FL Georgia Section 219(f)(322), WRDA 1992, as amended $75,000,000 Albany, GA Section 219(f)(130), WRDA 1992, as amended $109,000,000 Atlanta, GA Section 219(c)(2) as modified by (f)(1), WRDA $75,000,000 1992, as amended Banks County, GA Section 219(f)(131), WRDA 1992, as amended $5,000,000 Berrien County, GA Section 219(f)(132), WRDA 1992, as amended $5,000,000 Chattooga County, GA Section 219(f)(133), WRDA 1992, as amended $8,000,000 Chattooga, Floyd, Gordon, Walker, and Section 219(f)(134), WRDA 1992, as amended $10,000,000 Whitfield Counties, GA Congressional Research Service 24 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Authorization of Name Authority Appropriations Dahlonega, GA Section 219(f)(135), WRDA 1992, as amended $5,000,000 East Point, GA Section 219(f)(136), WRDA 1992, as amended $15,000,000 Fayettevil e, Grantvil e, Lagrange, Pine Section 219(f)(137), WRDA 1992, as amended $24,500,000 Mountain (Harris County), Douglasvil e, and Carrol ton, GA Meriwether and Spalding Counties, GA Section 219(f)(138), WRDA 1992, as amended $7,000,000 Moultrie, GA Section 219(f)(139), WRDA 1992, as amended $5,000,000 Stephens County/City of Toccoa, GA Section 219(f)(140), WRDA 1992, as amended $8,000,000 Guam Section 219(f)(323), WRDA 1992, as amended $10,000,000 State of Hawaii Section 219(f)(324), WRDA 1992, as amended $75,000,000 County of Hawaii, HI Section 219(f)(325), WRDA 1992, as amended $20,000,000 Honolulu, HI Section 219(f)(326), WRDA 1992, as amended $20,000,000 Kauai, HI Section 219(f)(327), WRDA 1992, as amended $20,000,000 Maui, HI Section 219(f)(328), WRDA 1992, as amended $20,000,000 Cook County and Lake County, IL Section 219(f)(54), WRDA 1992, as amended $100,000,000 Dixmoor, IL Section 219(f)(329), WRDA 1992, as amended $15,000,000 Forest Park, IL Section 219(f)(330), WRDA 1992, as amended $10,000,000 Lemont, IL Section 219(f)(331), WRDA 1992, as amended $3,135,000 Lockport, IL Section 219(f)(332), WRDA 1992, as amended $6,550,000 Madison and St. Clair Counties, IL Section 219(f)(55), WRDA 1992, as amended $100,000,000 Montgomery and Christian Counties, IL Section 219(f)(333), WRDA 1992, as amended $30,000,000 Wil County, IL Section 219(f)(334), WRDA 1992, as amended $30,000,000 Calumet Region, IN Section 219(f)(12), WRDA 1992, as amended $125,000,000 Indianapolis, IN Section 219(f)(75), WRDA 1992, as amended $6,430,000 North Vernon and Butlervil e, IN Section 219(f)(141), WRDA 1992, as amended $1,700,000 Salem, Washington County, IN Section 219(f)(142), WRDA 1992, as amended $3,200,000 Atchison, KS Section 219(f)(143), WRDA 1992, as amended $20,000,000 Central Kentucky Section 219(f)(144), WRDA 1992, as amended $10,000,000 Hazard, KY Section 219(c)(3), WRDA 1992, as amended — Winchester, KY Section 219(c)(41), WRDA 1992, as amended — Baton Rouge, LA Section 219(f)(21), WRDA 1992, as amended $90,000,000 Iberia Parish, LA Section 219(f)(56), WRDA 1992, as amended $5,000,000 Lafayette, LA Section 219(f)(145), WRDA 1992, as amended $1,200,000 Lafourche Parish, LA Section 219(f)(146), WRDA 1992, as amended $2,300,000 Lake Charles, LA Section 219(f)(147), WRDA 1992, as amended $1,000,000 Northwest Louisiana Council of Section 219(f)(148), WRDA 1992, as amended $2,000,000 Governments, LA Orleans Parish, LA Section 219(f)(335), WRDA 1992, as amended $100,000,000 Congressional Research Service 25 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Authorization of Name Authority Appropriations Ouachita Parish, LA Section 219(f)(149), WRDA 1992, as amended $1,000,000 Plaquemine, LA Section 219(f)(150), WRDA 1992, as amended $7,000,000 Rapides Area Planning Commission, LA Section 219(f)(151), WRDA 1992, as amended $1,000,000 Shreveport, LA Section 219(f)(152), WRDA 1992, as amended $20,000,000 South Central Planning and Section 219(f)(153), WRDA 1992, as amended $12,500,000 Development Commission, LA St. Charles, St. Bernard, and Section 219(c)(33) and (e)(18), WRDA 1992, $70,000,000 Plaquemines Parishes, LA as amended St. John the Baptist, St. James, and Section 219(c)(34) and (e)(19), WRDA 1992, $36,000,000 Assumption Parishes, LA as amended Union-Lincoln Regional Water Supply Section 219(f)(154), WRDA 1992, as amended $2,000,000 Project, LA Fitchburg, MA Section 219(f)(336), WRDA 1992, as amended $20,000,000 Haverhil , MA Section 219(f)(337), WRDA 1992, as amended $20,000,000 Lawrence, MA Section 219(f)(338), WRDA 1992, as amended $20,000,000 Lowell, MA Section 219(f)(339), WRDA 1992, as amended $20,000,000 Methuen, MA Section 219(f)(340), WRDA 1992, as amended $20,000,000 Maryland Section 219(f)(341), WRDA 1992, as amended $100,000,000 Boonsboro, MD Section 219(f)(342), WRDA 1992, as amended $5,000,000 Brunswick, MD Section 219(f)(343), WRDA 1992, as amended $15,000,000 Chesapeake Bay Improvements, MD, Section 219(f)(155), WRDA 1992, as amended $30,000,000 VA, and DC Chesapeake Bay Region, MD and VA Section 219(f)(156), WRDA 1992, as amended $40,000,000 Cascade Charter Township, MI Section 219(f)(344), WRDA 1992, as amended $7,200,000 Genesee County, MI Section 219(f)(59), WRDA 1992, as amended $6,700,000 Macomb County, MI Section 219(f)(345), WRDA 1992, as amended $40,000,000 Michigan Combined Sewer Overflows, Section 219(f)(157), WRDA 1992, as amended $85,000,000 MI Negaunee, MI Section 219(f)(60), WRDA 1992, as amended $10,000,000 Oakland County, MI Section 219(f)(29), WRDA 1992, as amended $20,000,000 Rouge River, MI Section 219(c)(4), WRDA 1992, as amended — Central Iron Range Sanitary Sewer Section 219(f)(158), WRDA 1992, as amended $12,000,000 District, MN Central Lake Region Sanitary District, Section 219(f)(159), WRDA 1992, as amended $2,000,000 MN Garrison, Crow Wing County, Mil e Section 219(f)(61), WRDA 1992, as amended $17,000,000 Lacs County, Mil e Lacs Indian Reservation, and Kathio Township, MN Goodview, MN Section 219(f)(160), WRDA 1992, as amended $3,000,000 Grand Rapids, MN Section 219(f)(161), WRDA 1992, as amended $50,000,000 Congressional Research Service 26 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Authorization of Name Authority Appropriations Northfield, MN Section 219(f)(346), WRDA 1992, as amended $33,450,000 Wil mar, MN Section 219(f)(162), WRDA 1992, as amended $150,000,000 Centertown, MO Section 219(f)(347), WRDA 1992, as amended $15,900,000 City of St. Louis, MO Section 219(f)(348), WRDA 1992, as amended $45,000,000 St. Louis County, MO Section 219(f)(349), WRDA 1992, as amended $45,000,000 St. Louis, MO Section 219(f)(32), WRDA 1992, as amended $70,000,000 Saipan, MP Section 219(f)(203), WRDA 1992, as amended $20,000,000 Biloxi, MS Section 219(f)(163), WRDA 1992, as amended $5,000,000 Clinton, MS Section 219(f)(350), WRDA 1992, as amended $13,600,000 Corinth, MS Section 219(f)(164), WRDA 1992, as amended $7,500,000 Desoto County, MS Section 219(f)(30), WRDA 1992, as amended $130,000,000 Gulfport, MS Section 219(f)(165), WRDA 1992, as amended $5,000,000 Harrison County, MS Section 219(f)(166), WRDA 1992, as amended $5,000,000 Jackson, MS Section 219(f)(167), WRDA 1992, as amended $125,000,000 Jackson County, MS Section 219(c)(5) as modified by (e)(1), WRDA $57,500,000 1992, as amended Madison County, MS Section 219(f)(351), WRDA 1992, as amended $10,000,000 Meridian, MS Section 219(f)(352), WRDA 1992, as amended $10,000,000 Oxford, MS Section 219(f)(353), WRDA 1992, as amended $10,000,000 Rankin County, MS Section 219(f)(354), WRDA 1992, as amended $10,000,000 Cabarrus County, NC Section 219(f)(191), WRDA 1992, as amended $4,500,000 Cary, Wake County, NC Section 219(f)(192), WRDA 1992, as amended $4,000,000 Charlotte, NC Section 219(f)(193), WRDA 1992, as amended $14,000,000 Fayettevil e, Cumberland County, NC Section 219(f)(194), WRDA 1992, as amended $6,000,000 Mooresvil e, NC Section 219(f)(195), WRDA 1992, as amended $4,000,000 Neuse Regional Water and Sewer Section 219(f)(196), WRDA 1992, as amended $4,000,000 Authority, NC Richmond County, NC Section 219(f)(197), WRDA 1992, as amended $13,500,000 Stanly County, NC Section 219(f)(64), WRDA 1992, as amended $8,900,000 Union County, NC Section 219(f)(198), WRDA 1992, as amended $6,000,000 Washington County, NC Section 219(f)(199), WRDA 1992, as amended $1,000,000 Winston-Salem, NC Section 219(f)(200), WRDA 1992, as amended $3,000,000 North Dakota Section 219(f)(201), WRDA 1992, as amended $15,000,000 Devils Lake, ND Section 219(f)(202), WRDA 1992, as amended $15,000,000 Lebanon, NH Section 219(f)(37), WRDA 1992, as amended $8,000,000 Manchester, NH Section 219(f)(355), WRDA 1992, as amended $20,000,000 Bayonne, NJ Section 219(f)(356), WRDA 1992, as amended $825,000 Congressional Research Service 27 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Authorization of Name Authority Appropriations Camden, NJ Section 219(f)(357), WRDA 1992, as amended $119,000,000 Cranford Township, NJ Section 219(f)(175), WRDA 1992, as amended $6,000,000 Essex and Sussex Counties, NJ Section 219(f)(358), WRDA 1992, as amended $60,000,000 Flemington, NJ Section 219(f)(359), WRDA 1992, as amended $4,500,000 Jefferson, NJ Section 219(f)(360), WRDA 1992, as amended $90,000,000 Kearny, NJ Section 219(f)(361), WRDA 1992, as amended $69,900,000 Long Hil , NJ Section 219(f)(362), WRDA 1992, as amended $7,500,000 Middletown Township, NJ Section 219(f)(176), WRDA 1992, as amended $1,100,000 Morris County, NJ Section 219(f)(363), WRDA 1992, as amended $30,000,000 Passaic, NJ Section 219(f)(364), WRDA 1992, as amended $1,000,000 Paterson, NJ Section 219(f)(177), WRDA 1992, as amended $35,000,000 Phil ipsburg, NJ Section 219(f)(365), WRDA 1992, as amended $2,600,000 Rahway, NJ Section 219(f)(366), WRDA 1992, as amended $3,250,000 Rahway Valley, NJ Section 219(f)(178), WRDA 1992, as amended $25,000,000 Roselle, NJ Section 219(f)(367), WRDA 1992, as amended $5,000,000 South Orange Vil age, NJ Section 219(f)(368), WRDA 1992, as amended $7,500,000 Summit, NJ Section 219(f)(369), WRDA 1992, as amended $1,000,000 Warren, NJ Section 219(f)(370), WRDA 1992, as amended $4,550,000 Espanola, NM Section 219(f)(371), WRDA 1992, as amended $21,995,000 Farmington, NM Section 219(f)(372), WRDA 1992, as amended $15,500,000 Mora County, NM Section 219(f)(373), WRDA 1992, as amended $2,874,000 Sante Fe, NM Section 219(f)(374), WRDA 1992, as amended $20,700,000 Clark County, NV Section 219(f)(168), WRDA 1992, as amended $30,000,000 Clean Water Coalition, NV Section 219(f)(169), WRDA 1992, as amended $50,000,000 Glendale Dam Diversion Structure, NV Section 219(f)(170), WRDA 1992, as amended $10,000,000 Henderson, NV Section 219(f)(171), WRDA 1992, as amended $13,000,000 Indian Springs, NV Section 219(f)(172), WRDA 1992, as amended $12,000,000 Reno, NV Section 219(f)(173), WRDA 1992, as amended $13,000,000 Washoe County, NV Section 219(f)(174), WRDA 1992, as amended $14,000,000 Babylon, NY Section 219(f)(179), WRDA 1992, as amended $5,000,000 Chenango County, NY Section 219(c)(14), WRDA 1992, as amended — Clarkstown, NY Section 219(f)(375), WRDA 1992, as amended $14,600,000 El icottvil e, NY Section 219(f)(180), WRDA 1992, as amended $2,000,000 Elmira, NY Section 219(f)(181), WRDA 1992, as amended $5,000,000 Essex Hamlet, NY Section 219(f)(182), WRDA 1992, as amended $5,000,000 Fleming, NY Section 219(f)(183), WRDA 1992, as amended $5,000,000 Congressional Research Service 28 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Authorization of Name Authority Appropriations Genesee, NY Section 219(f)(376), WRDA 1992, as amended $85,000,000 Kiryas Joel, NY Section 219(f)(184), WRDA 1992, as amended $5,000,000 Niagara Falls, NY Section 219(f)(185), WRDA 1992, as amended $5,000,000 Otsego County, NY Section 219(c)(13), WRDA 1992, as amended — Patchogue, NY Section 219(f)(186), WRDA 1992, as amended $5,000,000 Queens, NY Section 219(f)(377), WRDA 1992, as amended $119,200,000 Sennett, NY Section 219(f)(187), WRDA 1992, as amended $1,500,000 Springport and Fleming, NY Section 219(f)(188), WRDA 1992, as amended $10,000,000 Wellsvil e, NY Section 219(f)(189), WRDA 1992, as amended $2,000,000 Yates County, NY Section 219(f)(190), WRDA 1992, as amended $5,000,000 Yorktown, NY Section 219(f)(378), WRDA 1992, as amended $40,000,000 Akron, OH Section 219(f)(204), WRDA 1992, as amended $5,000,000 Brunswick, OH Section 219(f)(379), WRDA 1992, as amended $4,510,000 Burr Oak Regional Water District, OH Section 219(f)(205), WRDA 1992, as amended $4,000,000 Cincinnati, OH Section 219(f)(206), WRDA 1992, as amended $1,000,000 Cleveland, OH Section 219(f)(207), WRDA 1992, as amended $2,500,000 Columbus, OH Section 219(f)(208), WRDA 1992, as amended $4,500,000 Dayton, OH Section 219(f)(209), WRDA 1992, as amended $1,000,000 Defiance County, OH Section 219(f)(210), WRDA 1992, as amended $1,000,000 Fostoria, OH Section 219(f)(211), WRDA 1992, as amended $2,000,000 Fremont, OH Section 219(f)(212), WRDA 1992, as amended $2,000,000 Lake County, OH Section 219(f)(213), WRDA 1992, as amended $1,500,000 Lawrence County, OH Section 219(f)(214), WRDA 1992, as amended $5,000,000 Meigs County, OH Section 219(f)(215), WRDA 1992, as amended $1,000,000 Mentor-on-Lake, OH Section 219(f)(216), WRDA 1992, as amended $625,000 Vinton County, OH Section 219(f)(217), WRDA 1992, as amended $1,000,000 Wil owick, OH Section 219(f)(218), WRDA 1992, as amended $665,000 Ada, OK Section 219(f)(219), WRDA 1992, as amended $1,700,000 Alva, OK Section 219(f)(220), WRDA 1992, as amended $250,000 Ardmore, OK Section 219(f)(221), WRDA 1992, as amended $1,900,000 Bartlesvil e, OK Section 219(f)(222), WRDA 1992, as amended $2,500,000 Bethany, OK Section 219(f)(223), WRDA 1992, as amended $1,500,000 Chickasha, OK Section 219(f)(224), WRDA 1992, as amended $650,000 Disney and Langley, OK Section 219(f)(225), WRDA 1992, as amended $2,500,000 Durant, OK Section 219(f)(226), WRDA 1992, as amended $3,300,000 Eastern Oklahoma State University, Section 219(f)(227), WRDA 1992, as amended $1,000,000 Wilberton, OK Congressional Research Service 29 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Authorization of Name Authority Appropriations Guymon, OK Section 219(f)(228), WRDA 1992, as amended $16,000,000 Konawa, OK Section 219(f)(229), WRDA 1992, as amended $500,000 Lawton, OK Section 219(f)(40), WRDA 1992, as amended $5,000,000 Lugert-Altus Irrigation District, Altus, Section 219(f)(230), WRDA 1992, as amended $5,000,000 OK Midwest City, OK Section 219(f)(231), WRDA 1992, as amended $2,000,000 Mustang, OK Section 219(f)(232), WRDA 1992, as amended $3,325,000 Norman, OK Section 219(f)(233), WRDA 1992, as amended $10,000,000 Oklahoma Panhandle State University, Section 219(f)(234), WRDA 1992, as amended $275,000 Guymon, OK Weatherford, OK Section 219(f)(235), WRDA 1992, as amended $500,000 Woodward, OK Section 219(f)(236), WRDA 1992, as amended $1,500,000 Yukon, OK Section 219(f)(65), WRDA 1992, as amended $5,500,000 Albany, OR Section 219(f)(237), WRDA 1992, as amended $35,000,000 Brookings, OR Section 219(f)(380), WRDA 1992, as amended $2,000,000 Lane County, OR Section 219(f)(383), WRDA 1992, as amended $25,000,000 Monroe, OR Section 219(f)(381), WRDA 1992, as amended $6,000,000 Newport, OR Section 219(f)(382), WRDA 1992, as amended $60,000,000 Allegheny County, PA Section 219(f)(66), WRDA 1992, as amended $30,000,000 Beaver Creek Reservoir, PA Section 219(f)(238), WRDA 1992, as amended $3,000,000 Clinton County, PA Section 219(f)(13), WRDA 1992, as amended $2,000,000 Hatfield Borough, PA Section 219(f)(239), WRDA 1992, as amended $310,000 Lehigh County, PA Section 219(f)(240), WRDA 1992, as amended $5,000,000 Northeast Pennsylvania Section 219(f)(11), WRDA 1992, as amended $20,000,000 North Wales Borough, PA Section 219(f)(241), WRDA 1992, as amended $1,516,584 Palmyra, PA Section 219(f)(384), WRDA 1992, as amended $36,300,000 Pen Argyl, PA Section 219(f)(242), WRDA 1992, as amended $5,250,000 Philadelphia, PA Section 219(f)(243), WRDA 1992, as amended $1,600,000 Pike County, PA Section 219(f)(385), WRDA 1992, as amended $10,000,000 Pittsburgh, PA Section 219(f)(386), WRDA 1992, as amended $20,000,000 Pocono, PA Section 219(f)(387), WRDA 1992, as amended $22,000,000 Stockerton Borough, Tatamy Borough, Section 219(f)(244), WRDA 1992, as amended $10,000,000 and Palmer Township, PA Vera Cruz, PA Section 219(f)(245), WRDA 1992, as amended $5,500,000 Westfall, PA Section 219(f)(388), WRDA 1992, as amended $16,880,000 Whitehall, PA Section 219(f)(389), WRDA 1992, as amended $6,000,000 Commonwealth of Puerto Rico Section 219(f)(246), WRDA 1992, as amended $35,000,000 Beaufort, SC Section 219(f)(390), WRDA 1992, as amended $7,462,000 Congressional Research Service 30 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Authorization of Name Authority Appropriations Charleston, SC Section 219(f)(247), WRDA 1992, as amended $4,000,000 Charleston, SC Section 219(f)(391), WRDA 1992, as amended $25,583,000 Charleston and West Ashley, SC Section 219(f)(248), WRDA 1992, as amended $6,000,000 Crooked Creek, Marlboro County, SC Section 219(f)(249), WRDA 1992, as amended $25,000,000 Horry County, SC Section 219(f)(392), WRDA 1992, as amended $19,000,000 Mount Pleasant, SC Section 219(f)(393), WRDA 1992, as amended $7,822,000 Lakes Marion and Moultrie, SC Section 219(f)(25), WRDA 1992, as amended $165,000,000 Myrtle Beach and Vicinity, SC Section 219(f)(250), WRDA 1992, as amended $31,000,000 North Myrtle Beach and Vicinity, SC Section 219(f)(251), WRDA 1992, as amended $74,000,000 Surfside, SC Section 219(f)(252), WRDA 1992, as amended $11,000,000 Cheyenne River Sioux Reservation Section 219(f)(253), WRDA 1992, as amended $65,000,000 (Dewey and Ziebach Counties) and Perkins and Meade Counties, SD Athens, TN Section 219(f)(254), WRDA 1992, as amended $16,000,000 Blaine, TN Section 219(f)(255), WRDA 1992, as amended $500,000 Claiborne County, TN Section 219(f)(256), WRDA 1992, as amended $1,250,000 Cumberland County, TN Section 219(f)(24), WRDA 1992, as amended $5,000,000 Giles County, TN Section 219(f)(257), WRDA 1992, as amended $2,000,000 Grainger County, TN Section 219(f)(258), WRDA 1992, as amended $1,250,000 Hamilton County, TN Section 219(f)(259), WRDA 1992, as amended $500,000 Harrogate, TN Section 219(f)(260), WRDA 1992, as amended $2,000,000 Johnson County, TN Section 219(f)(261), WRDA 1992, as amended $600,000 Knoxvil e, TN Section 219(f)(262), WRDA 1992, as amended $5,000,000 Nashvil e, TN Section 219(f)(263), WRDA 1992, as amended $5,000,000 Lewis, Lawrence, and Wayne Counties, Section 219(f)(264), WRDA 1992, as amended $2,000,000 TN Oak Ridge, TN Section 219(f)(265), WRDA 1992, as amended $4,000,000 Plateau Utility District, Morgan County, Section 219(f)(266), WRDA 1992, as amended $1,000,000 TN Portland, TN Section 219(f)(394), WRDA 1992, as amended $1,850,000 Shelby County, TN Section 219(f)(267), WRDA 1992, as amended $4,000,000 Smith County, TN Section 219(f)(395), WRDA 1992, as amended $19,500,000 Trousdale, Macon, and Sumner Section 219(f)(396), WRDA 1992, as amended $178,000,000 Counties, TN Central Texas, TX Section 219(f)(268), WRDA 1992, as amended $20,000,000 El Paso County, TX Section 219(f)(269), WRDA 1992, as amended $75,000,000 Ft. Bend County, TX Section 219(f)(270), WRDA 1992, as amended $20,000,000 Duchesne, Iron, and Uintah Counties, Section 219(f)(271), WRDA 1992, as amended $10,800,000 UT Congressional Research Service 31 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Authorization of Name Authority Appropriations Park City, UT Section 219(c)(40) as modified by (e)(17), $30,000,000 WRDA 1992, as amended Eastern Shore and Southwest Virginia, Section 219(f)(10), WRDA 1992, as amended $52,000,000 VA Lynchburg, VA Section 219(c)(16) as modified by (e)(7), $30,000,000 WRDA 1992, as amended Richmond, VA Section 219(c)(17) as modified by (e)(8), $30,000,000 WRDA 1992, as amended United States Virgin Islands Section 219(f)(273), WRDA 1992, as amended $25,000,000 United States Virgin Islands Section 219(f)(397), WRDA 1992, as amended $1,584,000 Bonney Lake, WA Section 219(f)(398), WRDA 1992, as amended $3,000,000 Burien, WA Section 219(f)(399), WRDA 1992, as amended $5,000,000 El ensburg, WA Section 219(f)(400), WRDA 1992, as amended $3,000,000 North Bend, WA Section 219(f)(401), WRDA 1992, as amended $30,000,000 Port Angeles, WA Section 219(f)(402), WRDA 1992, as amended $7,500,000 Snohomish County, WA Section 219(f)(403), WRDA 1992, as amended $56,000,000 Western Washington State, WA Section 219(f)(404), WRDA 1992, as amended $200,000,000 Milwaukee, WI Section 219(f)(405), WRDA 1992, as amended $4,500,000 St. Croix Falls, WI Section 219(f)(76), WRDA 1992, as amended $5,000,000 Northern West Virginia, WV Section 219(f)(272), WRDA 1992, as amended $20,000,000 Non-Section 219 Project Authorities Jackson County, AL Section 522, WRDA 1996 $3,000,000 Environmental Infrastructure Assistance Section 220, WRDA 1992, as amended $5,000,000 for Benton and Washington Counties, AR Demonstration of Waste Water Section 218, WRDA 1992 $10,000,000 Technology, Santa Clara Valley Water District and San Jose, CA Water Monitoring Station, MT Section 584, WRDA 1996, as amended $100,000 Hackensack Meadowlands Area, NJ Section 324, WRDA 1992, as amended $20,000,000 Acequia Systems, NM Section 1113, WRDA 1986, as amended $80,000,000 Programmatic Authorities Western Rural Water for Arizona, Section 595, WRDA 1999, as amended $1,000,000,000 Idaho, Montana, Rural Nevada, New Mexico, Rural Utah, and Wyoming Lake Tahoe Basin Restoration, NV and Section 108, Energy and Water Development $50,000,000 CA Appropriations Act, 2005 Ohio and North Dakota Section 594, WRDA 1999, as amended $450,000,000 Southeastern Pennsylvania and Lower Section 566, WRDA 1996, as amended $70,000,000 Delaware Basin, PA, NJ, DE Lake Champlain, VT and NY Section 542, WRDA 2000, as amended $100,000,000 Congressional Research Service 32 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Authorization of Name Authority Appropriations Alaska Section 570, WRDA 1999, as amended $45,000,000 California Section 5039, WRDA 2007 $40,000,000 Los Angeles County, CA Section 8319, WRDA 2022 $50,000,000 Placer and El Dorado Counties, CA Section 130, the Energy and Water $40,000,000 Development Appropriations Act, 2004 Upper Klamath Basin, CA Section 132, the Energy and Water $25,000,000 Development Appropriations Act, 2004 East Central and Northeast Florida, FL Section 5061, WRDA 2007 $40,000,000 Florida Keys Water Quality Section 109, Division B of Appendix D of the $200,000,000 Improvements, FL Consolidated Appropriations Act, 2001, as amended Metropolitan North Georgia Water Section 5065, WRDA 2007 $20,000,000 Planning District, GA Southwest Il inois, IL Section 5074, WRDA 2007 $40,000,000 Southern and Eastern Kentucky, KY Section 531, WRDA 1996, as amended $100,000,000 East Atchafalaya Basin and Amite River Section 5082, WRDA 2007 $40,000,000 Basin Region, LA Southeast Louisiana Region, LA Section 5085, WRDA 2007 $17,000,000 Northeastern Minnesota, MN Section 569, WRDA 1999, as amended $80,000,000 Northern Missouri, MO Section 8353, WRDA 2022 $50,000,000 Mississippi Section 592, WRDA 1999, as amended $300,000,000 Coastal Mississippi Environmental Section 528, WRDA 2000 $10,000,000 Restoration, MS North Carolina Section 5113, WRDA 2007 $13,000,000 Central New Mexico, NM Section 593, WRDA 1999, as amended $100,000,000 Onondaga Lake, NY Section 573, WRDA 1999, as amended $30,000,000 New York City Watershed, NY Section 552, WRDA 1996, as amended $42,500,000 Southwestern Oregon, OR Section 8359, WRDA 2022 $50,000,000 South Central Pennsylvania, PA Section 313, WRDA 1992, as amended $410,000,000 East Tennessee, TN Section 5130, WRDA 2007 $40,000,000 Texas Section 5138, WRDA 2007 $80,000,000 Dallas County Region, TX Section 5140, WRDA 2007 $40,000,000 Northern Wisconsin, WI Section 154, Division B of Appendix D of the $60,000,000 Consolidated Appropriations Act, 2001, as amended Northern West Virginia, WV Section 571, WRDA 1999, as amended $120,000,000 Southern West Virginia, WV Section 340, WRDA 1992, as amended $140,000,000 Source: CRS, using public laws and deauthorization lists (see lists published in 74 Federal Register 31713-31715, July 2, 2009, and in 81 Federal Register 16147-16153, March 25, 2016). Notes: Consolidated Appropriations Act, 2001 = P.L. 106-554; Energy and Water Development Appropriations Act, 2004 = P.L. 108-137; Energy and Water Development Appropriations Act, 2005 = Division C of P.L. 108- Congressional Research Service 33 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance 447; WRDA = Water Resources Development Act; WRDA 1992 = P.L. 102-580; WRDA 1996 = P.L. 104-303; WRDA 1999 = P.L. 106-53; WRDA 2000 = P.L. 106-541; WRDA 2007 = P.L. 110-114; WRDA 2022 = Division H, Title LXXXI of P.L. 117-263. Congress provided no specific authorization of appropriations for assistance for Section 219(c) of WRDA 1992 authorities but provided specific authorization of appropriations for assistance for Section 219(c) of WRDA 1992 authorities but provided
$30 mil ion total authorization of appropriations for design assistance for projects under Section 219(c), unless $30 mil ion total authorization of appropriations for design assistance for projects under Section 219(c), unless
designated as also providing specific authorization of appropriations for construction assistance. The table does designated as also providing specific authorization of appropriations for construction assistance. The table does
not include the amount of appropriations that have funded these authorities. not include the amount of appropriations that have funded these authorities.
Congressional Research Service 34 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Author Information
Anna E. Normand Anna E. Normand
Analyst in Natural Resources Policy Analyst in Natural Resources Policy
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