Order Code RS20866
Updated February 3, 2005
CRS Report for Congress
Received through the CRS Web
The Civil Works Program of the
Army Corps of Engineers: A Primer
Nicole T. Carter
Analyst in Natural Resources Policy
Resources, Science, and Industry Division
Betsy A. Cody
Specialist in Natural Resources Policy
Resources, Science, and Industry Division
Summary
The U.S. Army Corps of Engineers (Corps) is an Executive Branch agency within
the Department of Defense. At the direction of Congress primarily through Water
Resources Development Acts (WRDA), the Corps undertakes water resources
development projects under its civil works program. The Corps mission has expanded
beyond the original responsibility of improving and maintaining navigable channels; it
now includes flood control, disaster relief, environmental restoration, municipal water
infrastructure, and other activities. The non-federal sponsors and the federal
government (through the annual Energy and Water Development Appropriations Acts)
share the cost of most Corps projects. This report outlines the agency’s organization,
project development process, civil works appropriations, and evolution of its
responsibilities. There are no plans to update this overview report.
Corps of Engineers and its Civil Works Program
The U.S. Army Corps of Engineers (Corps) is an Executive Branch agency located
in the Department of Defense that has military and civilian responsibilities. The military
program provides engineering, construction, and environmental management services for
Department of Defense agencies. Under its civil works program at the direction of
Congress, the Corps plans, constructs, operates, and maintains a wide range of water
facilities.
The civil works program is headed by a civilian Assistant Secretary of the Army for
Civil Works. A military Chief of Engineers oversees the Corps’ civil and military
operations and reports on civil works matters to the Assistant Secretary for Civil Works.
The Corps operates as a military organization with a largely civilian workforce (34,600
civilian and 650 military personnel). Eight divisions throughout the nation coordinate
Congressional Research Service ˜ The Library of Congress

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projects in 41 district offices in the United States and field offices worldwide.1 Projects
are largely planned at the district level and approved at the division and headquarters
levels.
The Corps’ oldest civil responsibilities are creating navigable channels and flood
control projects. Navigation projects include river deepening, channel widening, lock
expansion, dam operations, and dredged material disposal. Flood control projects include
dam and related hydropower construction, levee construction, river channelization, large-
scale pumping systems, and coastal protection. Many navigation and flood control
projects are multi-purpose — that is, they provide water supply, recreation, and
hydropower in addition to navigation or flood control.
In recent decades, Congress has given the Corps responsibilities in the areas of
environmental restoration and infrastructure and other non-traditional activities, such as
disaster relief and remediation of formerly used nuclear sites. Environmental restoration
activities involve wetlands restoration and environmental mitigation activities for Corps
facilities. Environmental infrastructure refers to municipal water and wastewater facilities.
The agency’s regulatory responsibility for navigable waters extends to issuing permits for
private actions that might affect wetlands and other waters of the United States.2 The
economic and environmental impact of Corps projects and the agency’s regulatory
activities can be significant locally and regionally and at times are quite controversial.
Project Development Process
The Corps currently follows a two-phase planning process that is intended to provide
sufficient information to determine if a water resources project warrants federal
investment. Project development is directed by Principles and Guidelines for Water and
Related Resources Implementation Studies (P&G), prepared by the Water Resources
Council (WRC) in 1983 to guide federal water resource development.3 Projects generally
originate with a request for assistance from a community (e.g., citizens or businesses) or
local government entity with a water resource need that is beyond its capability to
alleviate.
The Corps generally requires two types of congressional authority to initiate a study
— study authorization, then appropriations.4 A study authority allows the Corps to
1 Division and district maps available at [http://www.usace.army.mil/divdistmap.html].
2 Sections 10 and 13 of the Rivers and Harbors Act of 1899 (33 U.S.C. 407) require that a permit
be obtained from the Corps for alteration or obstruction of and refuse discharge in navigable
waters of the United States. The Corps also has regulatory responsibilities under other laws,
notably Section 404 of the Clean Water Act (33 U.S.C. 1344). Since the mid-1907s, court
decisions have significantly broadened the interpretation of navigable waters. Subsequent judicial
and administrative actions have altered the jurisdictional reach of the Corps’ regulatory program
considerably from the Corps’ earlier interpretation.
3 WRC was established pursuant to the 1965 Water Resources Planning Act (42 U.S.C. 1962-b2);
it is currently dormant due to a lack of funding.
4 Technical assistance and some small projects can be conducted under the Corps’ Continuing
(continued...)

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investigate a problem and determine if there is a federal interest in proceeding further.
If the Corps has performed a study in the geographic area before, a new study can be
authorized by a resolution (known commonly as a “survey resolution”) of either the
House Transportation and Infrastructure Committee or the Senate Environment and Public
Works Committee. If the Corps has not previously investigated the area, the study needs
to be authorized in an act of Congress, typically a Water Resources Development Act
(WRDA), which often occurs biennially.5 The majority of Corps studies are currently
authorized by survey resolutions.
Once authorized, appropriations for Corps studies are sought through the annual
Energy and Water Development Appropriations Acts. The objective of Corps studies is
to guide the decision to authorize a Corps project for construction. Early in the study
process, the Corps assesses the level of interest and support of non-federal entities that
may be potential sponsors. Non-federal sponsors are state, tribal, county, or local
agencies or governments that join the Corps in the effort.
Based on the results of the study, the Chief of Engineers may sign a final
recommendation on the project, known as the Chief’s Report. In recent years, Congress
has used a favorable Chief’s Report as the basis for authorizing projects. Once authorized,
federal funds for project construction can be sought through the annual Energy and Water
Development Appropriations bills. For more information on the phases of the project
development process, see CRS Report RL32064, Army Corps of Engineers Water
Resources Activities: Authorization and Appropriations, by Nicole T. Carter.
Civil Works Appropriations
Congress provides federal appropriations to the Corps primarily for specific
projects.6 For much of the agency’s history, most studies and construction for navigation
and flood control were entirely federally funded. Since 1986, most projects include
financial participation by local project sponsors. Fiscal priorities and public attitudes in
recent decades have produced a decline in federal funding for water resources
development projects generally. Over the past 30 years, the Corps has experienced budget
declines in real dollar amounts for construction. From the mid-1960s to the late 1990s,
the annual funding for the general construction account fell from an average of $4 billion
4 (...continued)
Authorities Programs without obtaining a study authorization or specific appropriations. They
are performed at the Corps’ discretion based on the availability of funds. The Continuing
Authorities Programs include beach erosion, navigation, flood control, streambank and shoreline
protection, snagging and clearing, modifications to existing projects for the benefit of the
environment, and aquatic ecosystem restoration.
5 These biennial acts are commonly distinguished from each other by including a reference to the
year of enactment; for example, WRDA 1986 refers to the act passed in 1986.
6 In addition to the activities that the Corps performs using appropriations that it receives through
direct federal appropriations, the Corps performs reimbursable work for Department of Defense
agencies, other federal agencies (e.g., U.S. Environmental Protection Agency), local
governments, tribes, U.S. territories, foreign governments, and international organizations. In
FY2002, this work totaled $953 million. More information on the Interagency and International
Program of the Corps is available at [http://www.hq.usace.army.mil/cemp/cn/iishmpg.htm].

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to $1.4 billion (in 1999 dollars).7 This drop in funding largely reflects the change in
public attitudes toward large water resources projects.
Funding for the civil works program has often been a contentious issue between the
Administration and Congress, with final appropriations typically providing more funding
than requested regardless of which political party controls the White House and Congress.
The Corps generally maintains strong congressional support because of the direct water
resource benefits and indirect economic and political benefits of its projects.
Project Cost-Sharing
How to allocate the cost of Corps projects among non-federal sponsors and the
federal government has been debated for decades. The 1986 WRDA significantly
increased local cost-share requirements; some subsequent WRDAs made further
adjustments in cost-sharing.8 Under current requirements, reconnaissance studies are
entirely a federal expense. Local sponsors pay 50% of the cost for feasibility studies,
except for inland waterways (100% federal responsibility).9
The division of federal and non-federal financial responsibilities for construction and
operation and maintenance (O&M) vary by project purpose as shown in Table 1. In most
cases, cost-sharing for pre-construction planning and engineering is determined using the
construction requirements in Table 1. An ability-to-pay test can applied to some activity
types, such as flood control and agricultural water supply, and may result in a greater
federal share than shown in the table.10 Congress may also waive cost-share requirements
for specific projects.
7 Information provided by the Corps to Senator Voinovich at his request; available in Senator
George V. Voinovich, “Statement,” Corps of Engineers Mission and Backlog of Projects,
Hearing before Subcommittee on Transportation and Infrastructure, Senate Committee on
Environment and Public Works, May 16, 2000.
8 In addition to authorizing planning and construction projects, Congress uses WRDA to
establish policies for the Corps’ civil works projects, such as cost-sharing requirements.
9 Local cost-sharing for the feasibility phase is not required for studies of navigation
improvements to the inland waterway system (see 33 U.S.C. 2215 a[2]).
10 Information on the ability-to-pay test used for flood control projects is available in Flood-
Control Cost-Sharing Requirements Under the Ability-to-Pay Provision (Engineer Regulation
1165-2-121) available at [http://www.usace.army.mil/publications/army-reg/].

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Table 1. Current Cost-Share Requirements for Corps Projects
Project Purpose
Maximum
Maximum
Federal Share
Federal Share of
of Construction
O&M
Commercial Navigation
Coastal Ports —
<20 ft. harbor
90%*
100%
20-45 ft. harbor
75%*
100%
>45 ft. harbor
50%*
50%
Inland Waterways
100%**
100%
Flood Control
65%
0%
Hydroelectric Power
0%
0%
Municipal and Industrial Water Supply
0%
0%
Agricultural Water Supply
65%***
0%
Recreation
50%
0%
Hurricane and Storm Damage Reduction
65%
0%
(except Periodic [Beach] Nourishment)
(50%)
(0%)
Aquatic Plant Control
not applicable
50%
Environmental Restoration
Congressionally Authorized Projects
65%
0%
Beneficial Uses of Dredged Material and
75%
0%
Modification for Improvement of
Environment
Source: 33 U.S.C. 2211-2215.
* In addition, the non-federal sponsors pay 10% of the cost of the general navigation features of the project
over a period not to exceed 30 years.
** 50% is paid by federal appropriations, and 50% by the Inland Waterway Trust Fund.
*** For the 17 western states where reclamation law applies, irrigation costs are funded by the Corps but
ultimately repaid by non-federal users.
Evolution of Civil Works Mission
Navigation and Flood Control (1802-1950s). In the 19th Century, the Corps’
mission evolved into civil and military building for the nation. In 1824, Congress passed
legislation using military engineers for planning roads and canals to move goods and
people. In 1850, Congress directed the Corps to engage in its first planning exercise —
flood control for the lower Mississippi River. The modern era of federal flood control
emerged with the Flood Control Act of 1936 (P.L. 74-738), which declared flood control
as a “proper” federal activity and in the national interest. During the 1920s, Congress
expanded the Corps’ ability to incorporate hydropower into multi-purpose projects and
authorized the agency to undertake comprehensive surveys to establish river-basin
development plans.

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The 1944 Flood Control Act (33 U.S.C. 708) significantly augmented the Corps’
involvement in large multi-purpose projects. The Flood Control Act of 1950 (33 U.S.C.
701n) began the Corps’ emergency operations through authorization for flood
preparedness and emergency operations.11 The Water Supply Act of 1958 (43 U.S.C.
390b) gave the Corps authority to include storage for municipal and industrial water
supply in reservoir projects at 100% local cost.
Changing Priorities (1960-1986). By the late 1960s, construction of major water
works had declined. Changing national priorities and local needs, increasing construction
costs, and completed projects at most prime locations decreased the attractiveness of
water projects. Water supply for traditional off-stream uses, such as domestic,
commercial, industrial, and agricultural uses, was increasingly in direct competition with
in-stream uses, such as recreation, fisheries, and wildlife habitat. From 1970 to 1985,
Congress authorized no major water projects, scaled back several authorized projects, and
passed laws that altered project operations and water delivery programs to protect the
environment. The 1970s marked a transformation in Corps project planning. The1969
National Environmental Policy Act and the Endangered Species Act of 1973 (16 U.S.C.
1531) required the Corps to consider environmental impacts, increase public participation
in planning, and consult with other federal agencies. Executive orders (EO 11988 and EO
11990) united the goals of reducing flood losses and environmental damage by
recognizing the value of wetlands and required federal agencies to evaluate potential
effects of actions on flood plains and to minimize impacts on wetlands.
Environmental Mission and Local Responsibility (1986-present).
Congress fundamentally transformed the ground rules for Corps water project planning
and funding through WRDA 1986 (33 U.S.C. 2211) by establishing new cost-share
formulas, resulting in greater financial and decision-making roles for local stakeholders.
WRDA 1986 reestablished the tradition of a biennial omnibus authorization bill.
Congress has since enacted WRDAs in 1988, 1990, 1992, 1996, 1999, and 2000. WRDA
1986 also provided the Corps with authority to determine if changes can be made in
existing structures or operations to improve environmental quality. WRDA 1990 (33
U.S.C. 1252, 2316) explicitly expanded the Corps’ mission to include environmental
protection and increased the Corps’ responsibility for contamination cleanup, dredged
material disposal, and hazardous waste management. WRDA 1992 (33 U.S.C. 2326)
authorized the Corps to use the “spoils” from dredging in implementing projects for
protecting , restoring, and creating aquatic and ecologically-related habitats, including
wetlands. WRDA 1996 (33 U.S.C. 2330) gave the Corps the authority to undertake
aquatic ecosystem restoration projects. While the Corps has been involved with numerous
environmental restoration projects in recent years, WRDA 2000 approved a restoration
program for the Florida Everglades that represented the agency’s first multi-year, multi-
billion dollar effort of this type. These legislative changes have given the Corps
environmental responsibility beyond its traditional water resources development projects.
11 Emergency response activities are also conducted under the Disaster Relief Act of 1974 (42
U.S.C. 5121), also known as the Stafford Disaster and Emergency Assistance Act.

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