September 30, 2019
Water Resources Development Act: Primer
The Water Resources Development Act (WRDA) is the
shares). Congress also provides the authorization for
typical title that Congress uses for omnibus legislation for
USACE to perform specific studies and projects in
authorizing U.S. Army Corps of Engineers (USACE) civil
WRDAs. After Congress has authorized the study or
works activities and directing the agency’s practices.
construction of a project, however, USACE generally is
WRDAs are distinguished from each other by referencing
unable to proceed until it receives funding for that project
the year of enactment (e.g., WRDA 1986). WRDA
phase. Congress provides appropriations for the agency
provisions generally add to or amend the pool of existing
through the annual Energy and Water Development
USACE authorizations, with a few provisions reauthorizing
appropriations process and at times through supplemental
time-limited USACE programs and some provisions that
appropriations, such as those to address flood response and
are intended to deauthorize inactive unconstructed projects.
recovery. For more on USACE civil works appropriations,
The majority of USACE authorizations do not expire. Most
see CRS In Focus IF11137, Army Corps of Engineers:
USACE water resource projects require two types of
FY2020 Appropriations.
congressional authorization: one for studying feasibility and
a subsequent one for construction. Drivers for enactment of
Development of a WRDA and Process to
a new WRDA typically include nonfederal and
Propose Activities
congressional interest in new studies and new construction
To develop recent WRDAs, the authorizing committees—
projects and support for adjustments to existing projects,
the House Transportation and Infrastructure Committee
programmatic authorities, and policies.
(House T&I) and the Senate Environment and Public
Works Committee (Senate EPW)—began by holding
WRDA 1986 (P.L. 99-662) marked the end of a decade-
hearings that received testimony from stakeholders and
long stalemate between Congress and the executive branch
reviewed reports transmitted by the Administration. The
on cost sharing, user fees, and environmental requirements
hearings were followed by the chairperson introducing a
for USACE projects. Since WRDA 1986, Congress often
bill. Authorizing committees also often solicit input from
has considered WRDA legislation on a biennial cycle; the
Members of Congress on their priorities and potential
timing of enactment of WRDAs, however, has varied. The
WRDA provisions. During WRDA development, Congress
most recent “stand-alone” WRDAs were enacted in 2000,
often pursues information on the implementation status of
2007, and 2014. WRDA 2016 (Title I of P.L. 114-322,
provisions in recently enacted WRDAs and reviews reports
Water Infrastructure Improvements for the Nation Act,
requested by Congress.
WIIN) and WRDA 2018 (Title I of P.L. 115-270,
America’s Water Infrastructure Act of 2018, AWIA 2018)
The authorizations for most USACE studies and projects
were enacted as titles in broader water bills. WIIN and
are geographically specific (e.g., a flood risk reduction
AWIA 2018 authorized water-related programs and
project for a specific community along a river or coast).
activities of not only USACE but also other federal
Scrutiny of congressionally directed spending (known as
agencies.
earmarking) that benefits a specific entity or locality has
altered the development of WRDAs subsequent to WRDA
Congress and USACE Activities
2007 (P.L. 110-114). During the development of recent
USACE’s civil works activities are focused on three
WRDAs, authorizing committees have been explicit
primary purposes: improving navigation, reducing flood
regarding their use of Administration processes and reports
risk, and restoring aquatic ecosystems. Many USACE
as the basis for including geographically specific USACE
projects are multipurpose—that is, they may provide water
authorizations. For example, Congress has identified in
supply storage, recreation, and hydropower in addition to
WRDA bills favorable reports by the Chief of Engineers (a
one or more of the three primary purposes. Unlike with
Chief’s report) and other USACE decision documents as
many other federal infrastructure programs that distribute
the basis for new project construction authorizations or
funds by formula to states or through competitive grant
modifications to existing construction authorizations.
programs, USACE is directly engaged in the planning and
construction of water resource projects. That is, the
The Water Resources Reform and Development Act of
majority of USACE appropriations (e.g., more than 80% of
2014 (WRRDA 2014, P.L. 113-121) was the first WRDA
annual FY2019 appropriations for USACE civil works) is
enacted since WRDA 2007. In WRRDA 2014, Congress
for performing work on specific studies and for
established a new process to assist the congressional
construction of USACE projects authorized by Congress.
authorizing committees in identifying USACE studies and
projects to authorize. In Section 7001 of WRRDA 2014,
In WRDAs, Congress establishes the broad structure for
Congress required the Administration to transmit each
how USACE is to perform its work on water resource
February to the authorizing committees an annual report of
projects (e.g., setting standard federal and nonfederal cost
publicly submitted USACE study and project proposals, as
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Water Resources Development Act: Primer
well as information on USACE-developed project decision
Nonfederal sponsors generally are required to provide the
documents that require congressional authorization. WRDA
land and other real estate interests needed for a project and
2016 and WRDA 2018 drew upon the Section 7001 reports
to share study and construction costs. Most studies are cost-
as the basis for authorizing new geographically specific
shared 50% federal and 50% nonfederal. Congress has set
USACE activities.
the cost shares for construction and nonfederal
responsibilities following construction for the various
Since WRDA 2018’s enactment, the Trump Administration
USACE project purposes. For instance, Congress has set
delivered a Section 7001 annual report to Congress in 2019,
the cost sharing for construction for flood risk reduction
completed the public submission process in August 2019
projects and ecosystem restoration at 65% federal and 35%
for the next Section 7001 report (which is expected to be
nonfederal; for most flood control projects, operations,
delivered in early 2020), and transmitted to the authorizing
maintenance, repair, and rehabilitation are 100% a
committees various completed Chief’s reports. In WRDA
nonfederal responsibility.
2016 and WRDA 2018, Congress expanded the Section
7001 process to include modifications to USACE
116th Congress and WRDA
environmental infrastructure assistance authorities, which
The extent to which future USACE authorization legislation
consist of authorities that allow USACE to assist with
will be considered independently or as part of broader
municipal drinking water and wastewater infrastructure
legislation remains to be seen. Although WRDAs often
projects in designated communities, counties, and states.
have received significant support in both chambers, in the
For more on the Section 7001 process, see CRS Insight
past some issues have complicated deliberations and
IN11118, Army Corps of Engineers: Section 7001 Annual
enactment. For example, Congress overcame a presidential
Report on Future Studies and Projects.
veto to enact WRDA 2007.
WRDA Bills and WRDA Titles
Various topics may shape future WRDA deliberations,
Historically, most WRDA provisions have focused on
including the status and authorization of specific projects,
USACE’s water resource activities, not the agency’s
post-flood repair authorities and recovery work, operational
regulatory responsibilities. An exception is WRDA 1992
changes in basins with contentious water management, and
(P.L. 102-580), which included a title on contaminated
effects of bill provisions on discretionary spending and/or
sediment and ocean dumping. The title established a
mandatory receipts and spending. Potential topics related to
national contaminated sediments task force led by the U.S.
project development include environmental protections and
Environmental Protection Agency (EPA) and USACE, and
considerations during planning and construction and
it modified and clarified EPA’s, USACE’s, and states’ roles
economic analysis procedures. The use of two trust funds
in regulating the disposal of dredged and other material into
that support some of USACE’s navigation activities also is
the ocean. Since WRDA 1992, Congress generally has not
a potential topic.
used WRDAs to alter the scope of USACE’s regulatory
authorities. WRDA provisions related to USACE’s
Numerous projects authorized for construction in previous
regulatory program have been more about the processing of
WRDAs remain unfunded. Similarly, Congress has
permit applications (e.g., authorizing USACE to accept
authorized more USACE studies over recent decades than
funds from certain entities to expedite permit processing).
have received federal funding. Nonfederal sponsors often
remain interested in pursuing these unfunded studies and
Although most titles of WRRDA 2014 were USACE-
construction activities. A challenge for policymakers is
focused, some titles addressed other agencies. For example,
whether, and if so how, to advance these water resource
Title V had EPA water-related provisions, as well as
studies and construction activities.
provisions providing EPA and USACE authority to make
direct loans and loan guarantees for water projects (known
WRRDA 2014, WRDA 2016, and WRDA 2018 all
as the Water Infrastructure Finance and Innovation Act
expanded the opportunities for interested nonfederal
[WIFIA]). Title III included authorities related to dam and
entities, including private entities, to have greater roles in
levee safety for both the Federal Emergency Management
project development, construction, and financing. While
Agency and USACE. WRDA 2016 and WRDA 2018 were
some of these authorities may expedite progress on these
enacted as USACE-focused titles within broader water-
projects, they also have the potential to further constrain
related authorization bills that included many titles related
federal discretion and prioritization of USACE activities.
to water programs and activities of multiple agencies and
The status of efforts under these and other authorities (e.g.,
departments, such as EPA, the Department of the Interior,
WIFIA) are among the topics that may shape deliberations
and the Federal Energy Regulatory Commission. For more
of future WRDAs. Additionally, Administration proposals
on WRDA bills and WRDA titles in broader bills, see
and actions and court decisions may affect bill
Appendix B in CRS Report R45185, Army Corps of
deliberations.
Engineers: Water Resource Authorization and Project
Delivery Processes
.
Nicole T. Carter, Specialist in Natural Resources Policy
Nonfederal Responsibilities
Anna E. Normand, Analyst in Natural Resources Policy
Current law requires nonfederal sponsors to share costs and
IF11322
assume other responsibilities for most USACE projects.


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Water Resources Development Act: Primer


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