Updated September 21, 2021
Water Resources Development Acts: Primer
Congress often considers on a biennial schedule omnibus
majority of USACE appropriations (e.g., roughly 85% of
legislation that authorizes U.S. Army Corps of Engineers
annual FY2021 appropriations for USACE civil works) is
(USACE) civil works activities. Congress regularly refers
directed toward performing work on USACE studies and
to this legislation as a Water Resources Development Act
projects authorized by Congress.
(WRDA). WRDAs are distinguished from each other by the
year of enactment (e.g., WRDA 1986). WRDA provisions
In WRDAs, Congress generally establishes a framework
generally add to or amend existing USACE authorizations
and guidelines for implementing USACE water resources
and provide congressional policy direction to the agency.
projects and activities (e.g., setting standard federal and
Drivers for enactment of a new WRDA typically include
nonfederal cost shares). WRDAs also authorize USACE to
nonfederal and congressional interest in new studies and
perform specific studies and projects. Most USACE water
projects as well as adjustments to existing projects,
resource projects require two types of congressional
programmatic authorities, and policies. Events, such as
authorization: (1) authority to study the feasibility of a
droughts and floods, along with congressional deliberations
project, (2) authority to construct flood risk reduction and
on infrastructure investments and other policy initiatives
ecosystem restoration projects or authority to construct,
may shape deliberations of USACE authorization
operate, and maintain navigation projects. Authorizations
legislation in the 117th Congress.
for most USACE studies and projects are geographically
specific (e.g., a flood risk reduction project for a specific
WRDA Consideration and Scope
community along a river or coast).
Congress typically consolidates its USACE authorizations
into a WRDA, rather than deliberating on multiple bills of
In WRDAs since 1992, Congress has authorized USACE to
smaller scope. Congress has enacted WRDAs as stand-
assist with environmental infrastructure (e.g., design and
alone bills and as part of broader bills. Congress enacted the
construction assistance for municipal drinking water and
most recent stand-alone WRDAs in 2000, 2007, and 2014.
wastewater infrastructure) in designated communities,
Although most titles of the Water Resources Reform and
counties, and states. For more on this assistance, see CRS
Development Act of 2014 (WRRDA 2014; P.L. 113-121)
In Focus IF11184, Army Corps of Engineers:
were USACE-focused, some titles addressed other
Environmental Infrastructure Assistance.
agencies. WRDA 2016 (Title I of P.L. 114-322, Water
Infrastructure Improvements for the Nation Act [WIIN
Once Congress has authorized the study or construction of a
Act]) and WRDA 2018 (Title I of P.L. 115-270, America’s
project in WRDA, USACE can proceed when it receives
Water Infrastructure Act of 2018 [AWIA 2018]) were
funding for that project phase. Congress provides
enacted as USACE-focused titles in broader water bills with
appropriations for USACE through the annual Energy and
titles and provisions authorizing water programs and
Water Development appropriations process and, at times,
activities of multiple agencies and departments. Congress
through supplemental appropriations. For more on USACE
passed WRDA 2020 as Division AA of P.L. 116-260, an
funding, see CRS Report R46320, U.S. Army Corps of
omnibus appropriations and authorization act, in December
Engineers: Annual Appropriations Process and Issues for
2020. For more on WRDAs, see CRS Report R45185, Army
Congress.
Corps of Engineers: Water Resource Authorization and
Project Delivery Processes.
Most USACE authorizations do not expire. For some
provisions, Congress has limited the duration of the
Historically, most WRDA provisions have focused on
authorization (e.g., authorizing a pilot program for 10
USACE’s water resource activities; however, some
years). WRDA provisions may extend or remove the time-
provisions have addressed the agency’s regulatory
limitation on these authorities. WRDA provisions may also
responsibilities, such as issuing permits under Section 404
rescind authority for (i.e., deauthorize) unconstructed
of the Clean Water Act.
projects or projects no longer serving their authorized
purposes.
Congress and USACE Activities
USACE’s civil works activities historically have focused on
WRDA Development and Process to
three primary purposes: improving navigation, reducing
Propose Activities for Authorization
flood risk, and restoring aquatic ecosystems. Many USACE
To develop WRDAs, the authorizing committees for
projects are multipurpose—for example, they might provide
USACE—the House Committee on Transportation and
water supply storage, recreation, and hydropower, among
Infrastructure and the Senate Committee on Environment
other benefits, in addition to one or more of the three
and Public Works—typically hold hearings to receive
primary purposes. USACE is directly engaged in the
testimony from stakeholders, review reports transmitted by
planning and construction of water resource projects. The
the Administration, and solicit input from Members.
https://crsreports.congress.gov

---

Water Resources Development Acts: Primer
Scrutiny of congressionally directed spending that benefits
USACE to provide credit assistance—secured (direct) loans
a specific entity or locality (known as earmarking) has
or loan guarantees—thereby leveraging federal funding.
altered the development of USACE authorization
The WIFIA authorization allows for USACE to assist a
legislation. To avoid earmark designation, over the last
broad range of water resource projects, potentially
decade WRDA authorizing committees have been explicit
including some projects in the USACE construction
about using Administration reports and processes as the
backlog. For FY2021, Congress created a WIFIA account
basis for most geographically specific authorizations.
for USACE to initiate its WIFIA program―the Civil Works
Infrastructure Financing Program (CWIFP) and provided
In Section 7001 of WRRDA 2014, Congress established a
the first funding to implement the program. Congress
new process to assist the congressional authorizing
limited FY2021 CWIFP financial assistance to safety
committees in identifying USACE studies, projects, and
projects for nonfederally owned dams, which are a project
project modifications to authorize. In Section 7001, as
type not in the USACE construction backlog. For more on
amended, Congress required the Administration to transmit
CWIFP, see CRS Insight IN11577, U.S. Army Corps of
an annual report to the authorizing committees on publicly
Engineers Civil Works Infrastructure Financing Program
submitted USACE study and project proposals, along with
(CWIFP): Status and Issues.
USACE-developed project decision documents that require
congressional authorization. WRDAs in 2016, 2018, and
Another approach to address the project backlog is to
2020 drew upon Section 7001 reports as the basis for
increase federal funding for infrastructure. Deauthorization
authorizing various geographically specific USACE
of older, unconstructed projects is another means to manage
activities. For more on the Section 7001 process, see CRS
the backlog and focus the agency’s actions on active
Insight IN11118, Army Corps of Engineers: Section 7001
projects.
Annual Report on Future Studies and Projects.
WRDA Oversight and Next WRDA
Nonfederal Responsibilities
Preparations
Although USACE projects authorized in WRDAs are
After enactment of a WRDA, Congress may oversee
federal projects, they often require nonfederal sponsors to
implementation or provide additional implementation
share costs and assume other responsibilities. Nonfederal
direction through the appropriations process. The 117th
sponsors generally are required to provide land and other
Congress may review USACE efforts to implement WRDA
real estate interests needed for a project and to share study
2020, as well as authorities in earlier bills like WIFIA. (For
and construction costs. Most studies are cost-shared 50%
more information on WRDA 2020, see CRS In Focus
federal and 50% nonfederal. Congress has set the cost
IF11700, Water Resources Development Act of 2020.)
shares for construction and the nonfederal responsibilities
Congress may be interested in the status of USACE
following construction for various USACE project
completing guidance that describes how the agency plans to
purposes. For instance, Congress has set the cost sharing for
implement the WRDA 2020 provisions. Congress also may
construction of flood risk reduction projects at a maximum
seek information on the status of agency actions on specific
of 65% federal and a minimum of 35% nonfederal; for
WRDA 2020 provisions, such as agency actions on
ecosystem restoration, the cost sharing is fixed at 65%
updating its approach for evaluating projects (§110),
federal and 35% nonfederal. For most USACE flood
considering sea level rise (§113), and addressing flooding
control and restoration projects, the operation, maintenance,
in economically disadvantaged and rural communities (e.g.,
repair, and rehabilitation costs are a 100% nonfederal
§118, §165). Another potential subject of WRDA 2020
responsibility.
oversight may be agency activities related to the carrying
out small water storage projects, including for water supply
Investing in USACE Backlogged Projects and water conservation (§155); USACE-constructed
Numerous studies and projects authorized for construction
facilities in the United States typically have not had water
in previous WRDAs remain unfunded. USACE has an
supply storage as a principal project purpose.
estimated $109 billion construction backlog, as well as
authorized but unfunded investigations and operation and
Topics that may shape deliberations on a WRDA in the
maintenance activities. Nonfederal sponsors often remain
117th Congress include broad policy initiatives (e.g., climate
interested in pursuing these unfunded studies and
change adaptation, and economic and environmental justice
construction activities. A challenge for federal
efforts), infrastructure investment deliberations, status and
policymakers is whether, and if so how, to advance them.
authorization of specific studies and projects, and effects of
One way is to expand opportunities for greater nonfederal
WRDA provisions on discretionary spending and
roles in development, construction, and financing of
mandatory receipts.
backlogged projects. Congress in WRRDA 2014, WRDA
2016, and WRDA 2018 expanded the opportunities for
Nicole T. Carter, Specialist in Natural Resources Policy
interested nonfederal entities, including private entities, to
Anna E. Normand, Analyst in Natural Resources Policy
advance authorized studies and projects. Also in WRRDA
2014, Congress authorized the Water Infrastructure Finance
IF11322
and Innovation Act (WIFIA). WIFIA includes authority for


https://crsreports.congress.gov

---

Water Resources Development Acts: Primer


Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF11322 · VERSION 5 · UPDATED

---