INSIGHTi
Army Corps of Engineers: Section 7001
Annual Report on Future Studies and Projects
Updated November 23, 2021
The U.S. Army Corps of Engineers (USACE), through its civil works mission, undertakes water resource
development studies and projects and other assistance activities that are specifically authorized by
Congress. In Section 7001 of the Water Resources Reform and Development Act of 2014 (WRRDA; P.L.
113-121, 33 U.S.C. §2282d), Congress established an annual process for identifying proposals for site-
specific studies and projects within USACE’s water resource mission and authorities. The process
includes a call for nonfederal proposals and concludes with a report by the Assistant Secretary of the
Army for Civil Works (ASACW) to USACE’s congressional authorizing committees.
Congress established the Section 7001 process while congressional earmark moratorium policies were in
place for both authorizations and appropriations. Although the 117th Congress is pursuing incorporating
community project funding (see House and Senate appropriations committee websites) into the
development of legislation, the Section 7001 process remains active. USACE released the Section 7001
report for 2021 in November 2021. USACE accepted nonfederal proposal submissions for the 2022 report
from April 30, 2021, through August 30, 2021. The ASACW is to transmit the report in February 2022.
Congressional Authorization and Section 7001 Reports
Congress authorizes USACE studies and projects prior to appropriating funds and typically considers
omnibus USACE water resource authorization bills biennially, often titled as Water Resources
Development Acts (WRDAs). Most project-specific authorizations in WRDAs fall into three categories:
feasibility studies, construction projects, or modifications to existing authorizations. (See this CRS report
about the USACE authorization process.)
Inclusion of a proposal in a Section 7001 annual report does not provide congressional authorization or
appropriation; rather, inclusion facilitates congressional consideration of the proposal’s authorization. For
example, Congress has used Section 7001 annual reports when developing WRDA 2016 (Title I of P.L.
114-322), WRDA 2018 (Title I of P.L. 115-270), and WRDA 2020 (Division AA of P.L. 116-260).
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Section 7001 Report
Section 7001 of WRRDA 2014, as amended, directs the ASACW to submit an annual report to the House
Transportation and Infrastructure Committee and the Senate Environment and Public Works Committee.
The report may include
completed feasibility reports;
proposed feasibility studies;
proposed modifications to authorized studies and projects; and
proposed modifications to environmental infrastructure assistance projects and programs.
For proposals to be included, Section 7001 requires that they
(i) are related to the missions and authorities of the Corps of Engineers; (ii) require specific
congressional authorization, including by an Act of Congress; (iii) have not been congressionally
authorized; (iv) have not been included in any previous annual report; and (v) if authorized, could
be carried out by the USACE.
The Section 7001 annual report includes only those proposals that the ASACW determines meet all five
criteria. Proposals that do not meet all five criteria are placed in the report’s appendix.
For most proposals listed in the appendix of reports transmitted in 2015-2021, an authority already
existed to perform the requested activity or the proposal did not fit within the USACE’s missions and
authorities (i.e., navigation, flood risk management, or aquatic ecosystem restoration). USACE adjusted
the 2021 solicitation to expand eligibility for inclusion in the report to include
proposals whose primary purpose is municipal or agricultural water supply (per direction
from §127 of WRDA 2020) and
proposals for recreation or hydropower, if undertaken in conjunction with a project or
effort within a USACE mission.
Nonfederal Proposals
The annual report is based, in part, on proposals for study authorization and modification to authorized
studies, projects, and environmental infrastructure assistance submitted by nonfederal interests. The
annual Section 7001 process begins with the publication of a notice in the Federal Register requesting
proposals from nonfederal interests. Nonfederal proposals are to include a description of the proposed
activity and its relation to USACE missions and authorities, a statement of support and financial ability
from sponsoring nonfederal interests, and federal and nonfederal shares of the proposed activity’s
estimated cost, among other requirements. According to USACE, nonfederal interests do not need to
submit completed feasibility reports through the Section 7001 proposal process for project authorization.
In WRDA 2020, Congress directed the ASACW to provide assistance to nonfederal interests for future
7001 report submissions (§204). USACE has hosted webinars on the 7001 proposal process and
encourages nonfederal interests to consult with their local USACE districts in preparation for submission.
Transmitted Reports and WRDA Authorization
The ASACW transmitted Section 7001 annual reports to the authorizing committees annually from 2015
through 2021. These reports are available at USACE, “Report to Congress on Future Water Resources
Development.”
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The Section 7001 annual report for 2021 included one report by the Chief of Engineers (i.e., Chief’s
report) and nine nonfederal proposals in the body of the report (proposals for three new studies, two
modifications of project authorities, and four modifications to environmental infrastructure authorities).
The appendix included 17 nonfederal proposals that did not meet all five criteria. Congress may use this
report, the anticipated 2022 report, and any past Section 7001 annual reports in developing future
WRDAs.
Congress used Section 7001 annual reports to authorize studies, projects, and modifications to authorities
in WRDA 2020. For example, WRDA 2020
authorized construction for 19 studies with Chief’s reports and 2 proposals listed in the
2019 and 2020 reports (§401);
conditionally authorized construction for a nonfederal feasibility report listed in the 2019
report (§403);
reauthorized 2 projects listed in the 2019 report (§355);
authorized 16 studies listed in the 2019 and 2020 reports (§201, §213) and 5 studies listed
in the appendixes of the 2019 and 2020 reports (§209, §213);
authorized 5 modifications for water supply and 2 modifications for flood risk
management listed in the 2019 and 2020 reports (§353) and in the appendixes of the 2019
and 2020 reports (§311, §337); and
amended 14 environmental infrastructure authorities (§352), as listed in the 2019 and
2020 reports and in the appendix of the 2019 report.
In WRDA 2020, Congress directed the ASACW to expedite completion of various studies (§202) and
study modifications (§203), which included some proposals in the main bodies and in the appendixes of
various annual reports.
Author Information
Anna E. Normand
Analyst in Natural Resources Policy
Disclaimer
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