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INSIGHTi
Water Resources Development Act (WRDA) of
2022: H.R. 7776 and S. 4136
July 7, 2022
Recent Congresses have biennially considered omnibus legislation authorizing U.S. Army Corps of
Engineers (USACE) civil works activities, typically called Water Resources Development Acts (WRDA).
Eligibility for USACE annual and supplemental appropriations generally requires activities to first be
authorized. WRDAs add to or amend existing USACE authorizations and provide policy direction. In
crafting WRDA 2022 bills, the House Transportation and Infrastructure Committee and the Senate
Environment and Public Works Committee (EPW) considered proposals from Members and transmitted
by the Administration (e.g., USACE Chief of Engineers reports, nonfederal proposals in Section 7001
reports). The House passed H.R. 7776, the Water Resources Development Act of 2022, on June 8, 2022.
EPW reported S. 4136, the Water Resources Development Act of 2022, on May 4, 2022.
Both bills focus on USACE civil works activities. They overlap in authorizing many of the same
construction projects, such as the almost $31 billion Coastal Texas project, which would be the nation’s
largest authorized USACE coastal storm damage reduction effort. Both bills would authorize
environmental infrastructure assistance for design and construction of publicly owned and operated water
infrastructure (e.g., wastewater systems) in specified municipalities, counties, and states. Figure 1 shows
total authorizations of appropriations for different types of construction projects authorized in the five
most recently enacted WRDAs (including the Water Resources Reform and Development Act of 2014;
P.L. 113-121) and proposed in the 2022 bills. The WRDA 2022 bills diverge on other topics, such as
USACE cost sharing.
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Figure 1. Authorizations of Appropriations from
Selected Construction Provisions in USACE WRDAs
(nominal dollars)
Source: CRS using legislation. EI assistance authorities appear throughout the legislation (e.g., 19 provisions of P.L. 110-
114). Other data are from P.L. 110-114, §§1001, 8003, 8004; P.L. 113-121, §§7002, 7003; P.L. 114-322, Title I, §1401; P.L.
115-270, Title I, §1401; P.L. 116-260, Division AA, §401; §401 of House-passed H.R. 7776 and S. 4136 as reported; and
relevant documents for projects with multiple primary purposes.
Notes: Amounts are total authorizations of appropriations (i.e., they include federal, nonfederal, and trust fund costs).
Project types are generally cost shared, except water supply (which appears in H.R. 7776 for $33 mil ion and is 100%
nonfederal).
Table 1 identifies selected WRDA 2022 provisions, including provisions for authorizing projects and
studies, sharing project costs, and managing existing infrastructure.
Table 1. Selected Provisions from WRDA 2022 Legislation:
House-Passed H.R. 7776 and S. 4136 as Reported
(dollar amounts represent authorizations of appropriations; B = billion, M = million)
Provision Type
H.R. 7776
S. 4136
Notes
Study, Project, and Program Authorizations
Authorize new and modified
§401 would authorize 22
§401 would authorize 21
Both bil s would authorize
project construction
projects at $39.9B ($25.3B
projects at $39.4B ($24.7B
the Coastal Texas project at
federal, $14.6B nonfederal)
federal, $14.6B nonfederal)
$30.9B ($19.2B federal,
$11.6B nonfederal), with
roughly $28.5B for coastal
storm damage reduction and
$2.4B for restoration
Authorize environmental
§§309, 328, 332, 337, 345,
§§301-304, 323, 334, and
Congress in previous
infrastructure (EI) assistance and 346 would amend, add
341 would amend and add
WRDA bil s from 1992 to
new, and reauthorize EI
new EI authorities for
2020 authorized $6.2B in EI
authorities for $5.5B
almost $1.5B
assistance
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Provision Type
H.R. 7776
S. 4136
Notes
Authorize feasibility and
§201 would authorize 81
§201 would authorize 36
—
project modification studies
studies
studies
Expand feasibility study
§104 would expand coastal
§101 would expand coastal
USACE flood feasibility
scope at nonfederal sponsor
storm feasibility studies to
storm and inland flood
studies typically have been
request
incorporate flooding of
feasibility studies to
authorized for storm-related
tidally influenced surface
incorporate other flood risk
coastal flooding or inland
waters hydrologically
(e.g., due to erosion, tides,
riverine flooding
connected to coastal waters
rainfall, subsidence)
Increase continuing
—
§102 would increase project
—
authorities program’s
limit from $5M to $10M
federal project cost limit for
streambank and shoreline
(erosion) projects
Deauthorize construction
§301 would replace WRDA
—
—
projects
2020’s deauthorization list
for pre-WRDA 2007
inactive projects and would
repeal WRDA 2020’s
automatic deauthorization
provision
Sharing Costs of USACE Projects
Amend USACE authority to
—
§126 would allow USACE to Currently USACE only
accept federal funds toward
accept federal funds if funds
accepts federal funds based
nonfederal cost share
are for a purpose “similar or on a determination by the
complementary” to the
originating federal agency
USACE study or project
that the use is authorized
purpose
Reduce percentage of inland
—
§103 would permanently
WRDA 2020 reduced the
waterway or intracoastal
reduce the IWTF share of
IWTF contribution to 35%
waterway construction
construction costs from 50% for projects funded from
project costs that are
to 25%, thereby increasing
FY2021 through FY2031
derived from the Inland
General Fund contribution
Waterways Trust Fund
to 75%
(IWTF)
Deep-draft navigation cost
§205 would authorize a
—
—
sharing
study on extending 100%
federal maintenance
responsibility for harbors
from 50 feet to 55 feet
Extend periodic sand
—
§204 would increase from 6
Periodic nourishment is
nourishment for coastal
to 12 years the extension of
currently authorized for 50
storm damage reduction
renourishment projects that
years, at 50% federal cost
have reached their
for many projects
maximum period and
authorize USACE studies of
50-year, rather than 15-year,
extensions
Share costs of periodic sand
—
§102(a)(4) would establish
Ecosystem restoration
nourishment for ecosystem
policy to provide 50 years of renourishment (i.e.,
restoration
federal cost sharing for
nourishment after initial
renourishment activities for
construction) is currently
ecosystem restoration
100% a nonfederal
responsibility
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Provision Type
H.R. 7776
S. 4136
Notes
Authorize USACE funds for
—
§104
—
measures benefiting lands
administered by other
federal agencies, as part of
USACE project or beneficial
use of dredge material
Existing Infrastructure
Study additional measures to §226
§214
—
sustain operations, mitigate
droughts and floods,
increase water supply and
restore aquatic ecosystems
at USACE South Pacific
Division reservoirsa
Assess USACE damsb
§116 would direct USACE
—
—
to assess dams to identify
(1) priorities for
rehabilitation, hydropower
retrofits, and environmental
enhancements and (2)
recommendations for dam
removal among dams not
meeting their authorized
purposes
Assess and repair leveesb
§114 would direct USACE
§129 would amend a
—
to assess levees and levee
nonfederal levee repair
modifications to restore
authority to allow for
floodplain connectivity
improvements and to
increase USACE per project
assistance limit from $10M
to $25M
Source: CRS using H.R. 7776 and S. 4136.
Notes: WRDA 2007 = P.L. 110-114; WRDA 2020 = Division AA, P.L. 116-260. Amounts may not sum due to rounding.
a. Bil s indicate the provision would apply to reservoirs that USACE operates and reservoirs owned by others at which
USACE prescribes flood control operations.
b. Bil indicates the provision would apply to structures for which USACE has “financial or operational” responsibility.
Author Information
Nicole T. Carter
Anna E. Normand
Specialist in Natural Resources Policy
Analyst in Natural Resources Policy
Congressional Research Service
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