Army Corps Provisions in Water Resources Development Act of 2026 (WRDA 2026) Legislation: In Brief

Contents

• Introduction
• WRDA 2026 Bills in the 119^th Congress: Status, Structure, and Scope
• Context for USACE Provisions in WRDA 2026
• Study and Project Authorizations
• Nonfederal Responsibilities and Roles
• Current Policy Context
• Selected Provisions of House and Senate WRDA 2026 Bills

Introduction

The U.S. Army Corps of Engineers (USACE) is an agency in the Department of Defense that develops water resources projects, among other civil and military missions.¹ Authorization is typically a precondition for a USACE study, project, program, or activity's eligibility for federal appropriations. Congress often, but not always, biennially considers omnibus legislation to authorize USACE water resources studies and projects and to refine congressional policy direction for the agency's water resources activities. Congress commonly refers to such legislation as a Water Resources Development Act (WRDA) and distinguishes these bills by the year of their consideration and/or enactment (e.g., WRDA 2020).

The primary purposes of USACE water resources studies and projects historically have been (1) facilitating navigation, (2) reducing inland and coastal flood risk, and (3) restoring aquatic ecosystems. USACE projects may additionally support water supply storage,² recreation, and hydropower, among other benefits. USACE typically conducts project planning and manages construction, and it may be responsible for operation and maintenance of navigation and some multipurpose projects. Congress also has authorized USACE to assist nonfederal public entities with their environmental infrastructure (EI)—for example, design and construction assistance for public drinking water and wastewater infrastructure—in designated communities, counties, and states.³

WRDA 2026 Bills in the 119^th Congress: Status, Structure, and Scope

Each chamber is considering a WRDA in 2026, both entitled the Water Resources Development Act of 2026 (WRDA 2026). The two bills are as follows:

• H.R. 9497, which was ordered to be reported in July 2026 by the House Committee on Transportation and Infrastructure (House T&I). House T&I held a markup on July 14, 2026, and adopted various amendments.⁴ A reported version has not been filed. Therefore, the remainder of this report references the introduced version of H.R. 9497, except where otherwise noted.
• S. 4949, reported in July 2026 by the Senate Committee on Environment and Public Works (Senate EPW).

The House T&I and Senate EPW committees have held WRDA-related hearings and solicited Member input on priorities for WRDA 2026.

Historically, WRDA provisions have focused on USACE's water resources activities. On some occasions, provisions have addressed USACE's regulatory program or other agencies' water resources activities (e.g., the Federal Emergency Management Agency's dam safety program).⁵ Both WRDA 2026 bills represent omnibus authorization legislation for USACE's water resources activities; however, they vary in their inclusion of non-USACE provisions.

• H.R. 9497, as introduced, has five titles. Four titles are focused on USACE. The fifth title relates to FEMA's National Dam Safety Program.⁶
• S. 4949 is divided into Division A, which is principally focused on USACE's water resources development authorities,⁷ and Division B, which is related to drinking water and wastewater infrastructure authorities of federal agencies other than USACE.⁸

This report discusses the USACE portions of these bills. This report does not attempt to synthesize the entirety of the two WRDA 2026 bills. WRDA bills have hundreds of provisions, many of which include direction on specific projects or for specific geographic areas. This report discusses selected provisions of a more general nature.

Context for USACE Provisions in WRDA 2026

Through omnibus authorization bills (typically titled Water Resources Development Acts since the mid-1970s) as well as earlier legislation, Congress has established a general framework and guidelines for implementing USACE water resources projects and activities (e.g., setting standard federal and nonfederal cost shares). Most USACE studies and project authorizations are geographically specific (e.g., a flood risk reduction project for a specific community along a river). WRDA provisions may authorize new work or amend existing authorizations.

Study and Project Authorizations

Most USACE projects require two types of congressional authorization: (1) an authority to study the feasibility of the project and (2) after a favorable feasibility report and recommendation by the Chief of Engineers (i.e., a Chief's report), authority to construct the project and to operate and maintain it, as applicable. Although most USACE authorizations do not expire, Congress has limited the duration of some WRDA provisions (e.g., a 10-year pilot program) and established processes for deauthorizing projects.⁹

Authorization for a study, project, or other activity (e.g., research, pilot program) on its own is insufficient for USACE to proceed. Once an activity is authorized, USACE still must receive funding for that activity (e.g., Investigations account funding to initiate an authorized study). Congress provides appropriations for USACE through the annual Energy and Water Development appropriations process and, at times, through supplemental appropriations.¹⁰

Nonfederal Responsibilities and Roles

Although USACE projects authorized in WRDAs are federal projects, nonfederal interests (alternatively called nonfederal sponsors) generally are required to share study and construction costs and provide land and other real estate interests needed for a project. For studies, Congress has set the standard cost share at 50% federal and 50% nonfederal. For construction, Congress has set standard cost shares for various USACE project purposes. For instance, Congress set the construction cost share for aquatic ecosystem restoration projects at fixed percentages of 65% federal and 35% nonfederal, unless otherwise specified. Congress has determined that operation, maintenance, and rehabilitation of most flood control and aquatic ecosystem restoration projects are a 100% nonfederal responsibility.

Nonfederal project sponsors have raised concerns about the real estate interests they are required to acquire as part of their responsibilities associated with USACE projects. These concerns include the general requirement for the acquisition of fee title for lands related to ecosystem restoration projects,¹¹ the standard requirement for a perpetual easement for coastal storm damage reduction projects,¹² and the requirement for the nonfederal interest to be willing to use eminent domain to acquire real estate interests for a project.¹³

Nonfederal interests and other stakeholders have long sought to improve the timeliness of USACE studies and projects and constrain the growth of projects' construction costs. Some frequently discussed topics in this context are federal environmental statute compliance, authorities for nonfederal entities to perform studies and construction, and use of different contracting and private-sector services, among other topics.

Current Policy Context

In addition to authorizing new USACE studies and construction projects, WRDAs also provide congressional direction to the executive branch on how USACE is to conduct its water resources activities. Policy provisions in a specific WRDA are often shaped by recent events (e.g., hurricanes with significant flooding or levee impacts) or executive branch actions that affect USACE activities. Below are some of the contextual elements for the development and consideration of the WRDA 2026 bills.

In previously enacted WRDA provisions, Congress has sought timelier WRDA implementation, including for development of post-enactment implementation guidance and rulemaking, and timelier submission of reports to Congress.¹⁴ During the 119^th Congress, some Members and other stakeholders have expressed concerns regarding executive branch actions affecting the feasibility study process (e.g., increasing the level of design required for a feasibility study),¹⁵ feasibility studies scoping (e.g., reducing the scope of feasibility studies to stay within study cost limits of 33 U.S.C. §2282c),¹⁶ and implementation of specific study types. For example, in August 2025, USACE paused completion of final feasibility reports involving nonstructural measures "at scale."¹⁷

During the 119^th Congress, some Members have expressed concern about how recent changes in USACE staffing and hiring may affect USACE's performance of project work (e.g., some Members have requested information on staffing of specific districts).¹⁸ Also, after an October 17, 2025, social media post by Russell Vought, Director of the Office of Management and Budget, some raised additional concerns about the Administration's actions to pause $11 billion in USACE civil works projects and consider some of them for cancellation.¹⁹ The explanatory statement for USACE's FY2026 annual appropriation prohibited USACE from pausing or terminating any project without providing prior written notice (inclusive of a justification) to the appropriations committees.²⁰

Congressional development and deliberations on WRDA 2026 bills are also occurring in the context of other executive branch actions.

• An October 15, 2025, memorandum by the Deputy Secretary of War and the Secretary of War on the department's congressional activities altered how USACE communicates with congressional staff. The memorandum requires that USACE's legislative affairs activities must be coordinated with the Office of the Assistant Secretary of War (Legislative Affairs) prior to legislative engagements, communications, and request responses.²¹
• In February 2026, the Assistant Secretary of the Army for Civil Works (ASACW) announced the Build Infrastructure, Not Paperwork (BINP) initiative and accompanying memoranda.²² The initiative aims to change the way USACE conducts business to more efficiently accomplish its primary civil works missions. For example, an entity that wants to alter or occupy a USACE civil work must obtain permission (referred to as a Section 408 permission).²³ One of the ASACW's BINP memoranda directs USACE to promulgate regulations for the procedures for Section 408 requests and develop nationwide Section 408 categorical permissions.²⁴

Selected Provisions of House and Senate WRDA 2026 Bills

Table 1 identifies selected provisions that are general (i.e., not geographically specific) in nature, address new studies and construction authorizations, and provide general directions on USACE activities. The table is not comprehensive; for example, it does not reference the multiple provisions of the two bills related to directing USACE to expedite work on specific USACE studies, projects, and activities.

As USACE Chief's reports and other supporting documents are transmitted to Congress, it is common for project construction authorizations to be added to WRDA bills as the bills move through the congressional deliberations process; thus, enacted WRDAs often contain more authorizations for new construction and modification of existing projects than earlier (e.g., as introduced) versions. For example, an amendment adopted during markup of H.R. 9497 added various project construction authorizations and modifications to Section 401, including a modification to the Central Everglades Planning Project (which would increase that project's authorized construction cost to $12.3 billion [2026 dollars]).²⁵

Given that the two bills in the 119^th Congress have only completed some of the earlier steps in the typical path toward enactment, the final provisions of a potential enacted WRDA 2026 may vary from the contents of the bills as they appear in Table 1. Previously enacted WRDAs typically have drawn on provisions of both chambers' WRDA bills.

Footnotes