Updated February 7, 2022
Army Corps of Engineers: Environmental Infrastructure (EI)
Assistance
Congress typically authorizes U.S. Army Corps of
share. Although most USACE EI assistance requires cost
Engineers (USACE) activities in omnibus authorization
sharing at 75% federal and 25% nonfederal, some
laws, often titled Water Resources Development Acts
assistance authorities are set at 65% federal and 35%
(WRDAs). Since WRDA 1992 (P.L. 102-580), Congress
nonfederal. The nonfederal sponsor is the owner of
has authorized and funded USACE assistance with design
constructed facilities and is responsible for 100% of
and construction of infrastructure in specified
operations and maintenance.
municipalities, counties, and states. This assistance supports
publicly owned and operated facilities, such as water
Evolution of EI Assistance Authorities
distribution works, stormwater collection, surface water
Originally, Section 219 of WRDA 1992 authorized design
protection projects, and environmental restoration, among
assistance for 18 projects, and other sections authorized
others. This USACE assistance is broadly labeled
design and construction assistance for EI assistance projects
environmental infrastructure (EI).
and programs in select geographic areas (e.g., Section 340,
Southern West Virginia). WRDA 1996 (P.L. 104-303)
EI Assistance Authorities
added construction assistance for certain Section 219 EI
EI assistance authorities generally fall into one of three
authorities. In subsequent WRDAs through WRDA 2007
categories:
(P.L. 110-114) and in select appropriations laws, Congress
authorized new and amended existing USACE EI
 Section 219 EI. Projects and activities (e.g., design) at
authorities (e.g., WRDA 2007 added over 200 projects).
specific geographic locations (e.g., city, county, multiple
counties) authorized through Section 219 of WRDA
Overall, Congress has authorized USACE to contribute EI
1992, as amended;
assistance to more than 350 projects and programs, with
 Non-Section 219 EI Projects. Projects authorized in
cumulative authorizations of appropriations totaling more
provisions other than Section 219; and
than $6.7 billion. The authorizations of appropriations for
 EI Programs. EI programs authorized for broader
these activities vary widely, from $100,000 for a water
geographic areas (e.g., multiple counties or states), with
monitoring station to $585 million for a seven-state EI
eligible types of assistance authorized in various
program (Section 595 of WRDA 1999 [P.L. 106-53], as
provisions.
amended, Western Rural Water).
USACE is authorized to perform design or construction
Authority Modifications from 2014 to 2020
work with USACE funds, and for certain programmatic
Congress has not authorized new EI assistance
authorities, may use appropriated funds to reimburse
authorizations since WRDA 2007, but has modified certain
nonfederal sponsors for work the sponsors perform.
authorities in WRDAs from 2014 through 2020. Among
other reasons, Congress did not enact new authorities due to
The Congressional Research Service (CRS) reviewed
policies restricting earmarks/congressionally directed
enacted legislation likely to include EI assistance
spending items in the 112th-116th Congresses. Congress
authorities and identified authorized EI assistance in at least
provided a process for nonfederal sponsors to propose
44 states, the District of Columbia, Puerto Rico, U.S. Virgin
modifications to EI assistance authorities when WRDA
Islands, and the Northern Mariana Islands. CRS did not
2016 (P.L. 114-322, Title I) expanded Section 7001 of the
identify authorities for EI assistance in Delaware, Hawaii,
Water Resources Reform and Development Act of 2014
Iowa, Maine, Nebraska, Washington, and other territories.
(P.L. 113-121) to include consideration of modifications to
EI assistance authorities. Through the “Section 7001”
Unlike traditional USACE water resource projects, EI
proposal process, nonfederal sponsors may propose
assistance is not subject to the USACE planning process
modifications to existing EI assistance authorizations (e.g.,
(e.g., no USACE feasibility study is needed); however, EI
expand the location, amend eligible projects types, and
assistance is subject to federal laws, such as the National
adjust the authorization of appropriations). This process
Environmental Policy Act. USACE evaluates an activity’s
requires USACE to annually submit a report to Congress
eligibility for assistance by identifying whether there is an
identifying proposals by nonfederal interests that meet
EI assistance authorization for the geographic area of the
certain criteria. Congress may consider these proposals as
project, and whether the proposed work is an eligible type
part of WRDA deliberations. For example, in WRDA 2020
of assistance provided for in the authorization.
(P.L. 116-260, Division AA), Congress amended 14 EI
assistance authorities to increase their authorizations of
The specifics of the authorization determine the nature of
appropriations for a total increase of $828.5 million. For
USACE’s involvement and applicable nonfederal cost
four of the EI authorities, Congress expanded the
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Army Corps of Engineers: Environmental Infrastructure (EI) Assistance
authorized geographic scope or eligible activities. For more
WRDA 2020 also directed USACE to develop criteria for
information on the Section 7001 proposal process, see CRS
funding EI authorities. As of February 7, 2022, USACE has
Insight IN11118, Army Corps of Engineers: Section 7001
not released criteria.
Annual Report on Future Studies and Projects.
Figure 1. Annual and IIJA EI Funding per State
Funding for EI Assistance
Administrations have not requested funding for EI
assistance, though Congress appropriated funds for this
purpose in appropriations laws. Congress typically funds EI
assistance through the agency’s Construction account in
annual Energy and Water Development and Related
Agencies appropriations acts. For example, Congress
provided $100 million for USACE to allocate among EI
assistance authorities for FY2021 (Table 1). Reports
accompanying appropriations acts provide guidance on how
the Administration is to use the EI assistance funds. The
Administration identifies funding for selected EI assistance
authorities in the work plan for the fiscal year, which is
typically available within two to three months after
enactment of appropriations. For example, in the FY2021
work plan, USACE identified 21 EI authorities that would
receive a portion of the $100 million provided for EI. In
addition to Energy and Water Development appropriations
laws, Congress also has funded EI activities in other
legislation, as was the case in the Infrastructure Investment
and Jobs Act (P.L. 117-58), which provided emergency
appropriations for FY2022.
Table 1. Funding for USACE EI Assistance Authorities
($ in millions, not adjusted for inflation)

Annual Appropriations
IIJA

2018
2019 2020 2021 2022
Total EI Funding
$70
$77
$100
$100
$200
Number of Funded
29
29
27
21
29
EI Authorities
Median Funding per
$1.8
$1.9
$3.0
$2.9
$4.3
EI Authority
EI as Percentage of
3.4%
3.5%
3.7%
3.7%
1.7%
Construction

Account Funding
Source: CRS, using USACE Work Plans (FY2018-FY2021) and the
Source: CRS, compiled from USACE Work Plans (FY2018-FY2021),
IIJA FY2022 spend plan released January 19, 2022.
P.L. 117-58, and IIJA FY2022 spend plan released January 19, 2022.
Notes: IIJA = Infrastructure Investment and Jobs Act (P.L. 117-58).
Notes: IIJA = Infrastructure Investment and Jobs Act (P.L. 117-58).
Although they have EI assistance authorization, 16 states, 3
Dates represent fiscal years. IIJA FY2022 spend plan al ocated $170
territories, and the District of Columbia have not received funding
mil ion of the $200 mil ion for EI assistance in IIJA appropriations.
during the period covered by this figure.
Analysis of Funding Data from FY2018-FY2022
EI in Context of Other Federal
In FY2018-FY2022, 28 states with EI assistance
Assistance Authorities
authorizations have received funding from annual
While Congress regularly funds USACE EI assistance,
appropriations and supplemental appropriations (Figure 1).
some Administrations have identified EI assistance as a
From FY2018 through FY2021, USACE limited EI funds
relatively low priority for USACE and have pointed to
to only those authorities that had received funds in previous
other federal programs for which these nonfederal water
years. For enacted FY2021 appropriations (Division D of
projects may be eligible. CRS Report RL30478, Federally
P.L. 116-260), Congress stated in the accompanying
Supported Water Supply and Wastewater Treatment
explanatory statement that USACE may allocate funds to
Programs describes other federal programs of this type.
one or two EI authorities that were not previously funded.
USACE chose not to fund new authorities in the FY2021
Anna E. Normand, Analyst in Natural Resources Policy
work plan. However, USACE allocated IIJA funding to
seven authorities not funded from FY2018 to FY2021.
IF11184
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Army Corps of Engineers: Environmental Infrastructure (EI) Assistance


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