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INSIGHTi
Water Resources Development Act (WRDA) of
2022: House and Senate Action
Updated December 8, 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
(WRDAs). 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.
USACE authorization action in the 117th Congress began with H.R. 7776, the Water Resources
Development Act of 2022. The House passed H.R. 7776 on June 8, 2022. The Senate passed its
amendment to H.R. 7776 on July 28, 2022. Both versions would have primarily authorized USACE civil
works activities.
A December 6, 2022, House Rules Committee Print (H.Prt. 117-70) contains the House amendment to the
Senate amendment to H.R. 7776 (hereinafter the House Amendment to H.R. 7776). The title for the
House Amendment to H.R. 7776 is the James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023. It includes in Division H, a Title LXXXI, entitled the Water Resources Development Act of
2022, as well as titles on various other nondefense topics. That title combines elements from both the
June 8, 2022, House-passed version of H.R. 7776 and the July 28, 2022, Senate-passed version of H.R.
7776. Table 1 identifies selected provisions of Division H.
Table 1. Selected Provisions from Title LXXXI of Division H
of House Amendment to H.R. 7776
(dollar amounts represent authorizations of appropriations; B = billion, M = million)
Provision Type
House Amendment to H.R. 7776
Study, Project, and Program Authorizations
Authorize new project construction
§8401 would authorize 25 new projects at $50.4B ($30.0B federal, $20.4B
nonfederal). Among the projects authorized would be Coastal Texas project at
$34.4B ($21.4B federal, $13.0B nonfederal).
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Provision Type
House Amendment to H.R. 7776
Authorize modifications to authorized
§8401 would authorize modifications to 6 projects at a total cost of $11.8B
projects that are unconstructed or
($8.3B federal, $3.5B nonfederal).
under construction
Authorize feasibility and project
§8201 would authorize 106 studies, and §8307 would authorize feasibility studies
modification studies
for three reauthorized projects.
Expand feasibility study scope at
§8106 would allow for study scopes to expand in two ways: (1) expand coastal
nonfederal sponsor’s request
storm and inland flood feasibility studies to incorporate other flood risk (e.g., due
to erosion, tides, rainfall, subsidence, groundwater emergence), and (2) expand
feasibility studies to include water supply, water conservation, and measures to
reduce water resource impacts of extreme weather events, including drought.
Authorize aquifer recharge feasibility
§8108 would authorize USACE to perform up to 10 feasibility studies (at 90%
studies
federal cost) of managed aquifer recharge projects in areas that have recently
experienced prolonged drought, aquifer depletion, or water supply scarcity.
Authorize environmental infrastructure
Various provisions (e.g., §8144, §8145, §8353 §8359, §8373, §8374, §8375 and
(EI) assistance for design and
§8376 include multiple EI authorities) would amend and add new EI authorities of
construction of water infrastructure in
publicly owned and operated water infrastructure.
specified municipalities, counties, and
states
Increase continuing authorities
§8103 would increase project limit from $5M to $15M.
program’s federal project cost limit for
streambank and shoreline (erosion)
projects
Deauthorize construction projects
§8301 would replace WRDA 2020’s deauthorization list for pre-WRDA 2007
inactive projects and would repeal WRDA 2020’s automatic deauthorization
provision.
Sharing Costs of USACE Projects
Reduce percentage of inland waterway
§8157 would convert a temporary change from 50% to 35% in the IWTF share of
or intracoastal waterway construction
construction to a permanent change for all projects that are new or ongoing after
project costs that are derived from the
October 1, 2022, thereby increasing the General Fund contribution to 65% for
Inland Waterways Trust Fund (IWTF)
these projects.
Extend periodic sand nourishment for
§8129 would authorize USACE to extend for 15 years periodic renourishment
coastal storm damage reduction
for projects that have reached their maximum authorized renourishment period.
It also would authorize USACE to study 50-year extensions of periodic
renourishments.a
Existing Infrastructure
Western infrastructure study
§8208 would direct that USACE conduct a study of additional measures to
sustain operations, mitigate droughts and floods, increase water supply, and
restore aquatic ecosystems at USACE South Pacific Division reservoirs.
Assess and repair levees that are not
§8387 would amend a nonfederal levee repair authority to increase USACE per-
federally maintained
project assistance limit from $10M to $25M, and to prioritize assistance for
economically disadvantaged communities.
Other
Expand scope of work when repairing
§8102 would expand authority to alter nonfederal flood control works to not
damaged nonfederal flood control
only address damage but also enhance resilience and deficiencies (such as
works (levees, dunes/beaches, dams)
addressing sea level rise and erosion).
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Establish a Tribal and Economically
§8115 would require the Secretary of the Army to establish a TEDCAC to
Disadvantaged Communities Advisory
develop and make recommendations on actions to improve delivery of water
Committee (TEDCAC)
resources projects and assistance to economically disadvantaged communities,
including communities in rural and urban areas.
Authorize “called-upon” flood control
§8309 would authorize the Secretary of the Army to expend funds for “called-
operations in the Columbia River Basinb upon” Canadian flood control operations to protect the U.S. portion of the
Columbia River Basin after 2024, but only when such funds are appropriated by
Congress for these purposes. It would require reporting to Congress on these
expenditures, and would authorize the USACE to study options for U.S.-based
flood control measures.
Source: CRS.
Notes: House Amendment to H.R. 7776 = a December 6, 2022, House Rules Committee Print (H.Prt. 117-70) that
contains the text of the House amendment to the Senate amendment to H.R. 7776.
a. Federal periodic nourishment at 50% cost is currently authorized generally for 50 years, and it may be extended for
an additional 6 years. Studies for extension of renourishment currently are typically limited to 15-year extensions.
b. If negotiations of the Columbia River Treaty do not result in termination or modification, most of the Treaty’s
provisions would continue. The exception is that flood control operations would transition to “called-upon”
operations. Under called-upon operations, the United States would be allowed to request alterations to Canadian
dam operations as necessary for flood control. The United States would pay for Canada’s related operating costs and
economic losses.
Author Information
Nicole T. Carter
Anna E. Normand
Specialist in Natural Resources Policy
Analyst in Natural Resources Policy
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