Army Corps of Engineers: Environmental Infrastructure (EI) Assistance

Army Corps of Engineers: Environmental Infrastructure (EI) Assistance

Updated March 7, 2022
Army Corps of Engineers: Environmental Infrastructure (EI)
Assistance
Congress typically authorizes U.S. Army Corps of
The specifics of the authorization determine the nature of
Engineers (USACE) activities in omnibus authorization
USACE’s involvement and applicable nonfederal cost
laws, often titled Water Resources Development Acts
share. Although most USACE EI assistance requires cost
(WRDAs). Since WRDA 1992 (P.L. 102-580), Congress
sharing at 75% federal and 25% nonfederal, some
has authorized and funded USACE assistance with design
assistance authorities are set at 65% federal and 35%
and construction of infrastructure in specified
nonfederal. The nonfederal sponsor is the owner of
municipalities, counties, and states. This assistance supports
constructed facilities and is responsible for 100% of
publicly owned and operated facilities, such as water
operations and maintenance.
distribution works, stormwater collection, surface water
protection projects, and environmental restoration, among
Evolution of EI Assistance Authorities
others. This USACE assistance is broadly labeled
Originally, Section 219 of WRDA 1992 authorized design
environmental infrastructure (EI).
assistance for 18 projects, and other sections authorized
design and construction assistance for EI assistance projects
EI Assistance Authorities
and programs in select geographic areas (e.g., Section 340,
EI assistance authorities generally fall into one of three
Southern West Virginia). WRDA 1996 (P.L. 104-303)
categories:
added construction assistance for certain Section 219
authorities. In subsequent WRDAs through WRDA 2007
 Section 219 EI. Projects and activities (e.g., design) at
(P.L. 110-114) and in select appropriations laws, Congress
specific geographic locations (e.g., city, county, multiple
authorized new and amended existing USACE EI assistance
counties) authorized through Section 219 of WRDA
authorities (e.g., WRDA 2007 added over 200 projects). In
1992, as amended;
WRDA 1986 (P.L. 99-662) and the Water Resources
 Non-Section 219 EI Projects. Projects authorized in
Reform and Development Act of 2014 (WRRDA; P.L. 113-
provisions other than Section 219; and
121), Congress enacted deauthorization processes that
 EI Programs. EI programs authorized for broader
USACE utilized to deauthorize dozens of EI authorities.
geographic areas (e.g., multiple counties or states), with
eligible types of assistance authorized in various
Overall, Congress has authorized USACE to contribute EI
provisions.
assistance to more than 250 projects and programs, with
cumulative authorizations of appropriations totaling more
USACE is authorized to perform design and/or construction
than $6.2 billion. The authorizations of appropriations for
work with USACE funds, and for certain programmatic
these activities vary widely, from $100,000 for a water
authorities, may use appropriated funds to reimburse
monitoring station to $585 million for a seven-state EI
nonfederal sponsors for work the sponsors perform.
program (Section 595 of WRDA 1999 [P.L. 106-53], as
amended, Western Rural Water).
The Congressional Research Service (CRS) reviewed
enacted legislation likely to include EI assistance
Authority Modifications from 2014 to 2020
authorities and identified authorized EI assistance in at least
Congress has not authorized new EI assistance
43 states, the District of Columbia, Puerto Rico, U.S. Virgin
authorizations since WRDA 2007, but has modified certain
Islands, and the Northern Mariana Islands. CRS did not
authorities in WRDAs from 2014 through 2020. Among
identify authorities for EI assistance in Hawaii, Iowa,
other reasons, Congress did not enact new authorities due to
Maine, Massachusetts, Nebraska, Rhode Island,
policies restricting earmarks/congressionally directed
Washington, and other territories.
spending items in the 112th-116th Congresses. Congress
provided a process for nonfederal sponsors to propose
Unlike traditional USACE water resource projects, EI
modifications to EI assistance authorities when WRDA
assistance is not subject to the USACE planning process
2016 (P.L. 114-322, Title I) expanded Section 7001 of
(e.g., no USACE feasibility study is needed); however, EI
WRRDA 2014 to include consideration of modifications to
assistance is subject to federal laws, such as the National
EI assistance authorities. Through the “Section 7001”
Environmental Policy Act. USACE evaluates an activity’s
proposal process, nonfederal sponsors may propose
eligibility for assistance by identifying whether there is an
modifications to existing EI assistance authorizations (e.g.,
EI assistance authorization for the geographic area of the
expand the location, amend eligible projects types, and
project, and whether the proposed work is an eligible type
adjust the authorization of appropriations). This process
of assistance provided for in the authorization.
requires USACE to annually submit a report to Congress
identifying proposals by nonfederal interests that meet
certain criteria. Congress may consider these proposals as
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Army Corps of Engineers: Environmental Infrastructure (EI) Assistance
part of WRDA deliberations. For example, in WRDA 2020
explanatory statement that USACE may allocate funds to
(P.L. 116-260, Division AA), Congress amended 14 EI
one or two EI authorities that were not previously funded.
assistance authorities to increase their authorizations of
USACE chose not to fund new authorities in the FY2021
appropriations for a total increase of $828.5 million. For
work plan. However, USACE allocated IIJA funding to
four of the EI authorities, Congress expanded the
seven authorities not funded from FY2018 to FY2021.
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

Source: CRS, using USACE Work Plans (FY2018-FY2021) and the
EI Authority
IIJA FY2022 spend plan released January 19, 2022.
EI as Percentage of
3.4%
3.5%
3.7%
3.7%
1.7%
Notes: IIJA = Infrastructure Investment and Jobs Act (P.L. 117-58).
Construction
Although they have EI assistance authorization, 15 states, 3
Account Funding
territories, and the District of Columbia have not received funding
Source: CRS, compiled from USACE Work Plans (FY2018-FY2021),
during the period covered by this figure.
P.L. 117-58, and IIJA FY2022 spend plan released January 19, 2022.
EI in Context of Other Federal
Notes: IIJA = Infrastructure Investment and Jobs Act (P.L. 117-58).
Assistance Authorities
Dates represent fiscal years. IIJA FY2022 spend plan al ocated $170
mil ion of the $200 mil ion for EI assistance in IIJA appropriations.
While Congress regularly funds USACE EI assistance,
some Administrations have identified EI assistance as a
Analysis of Funding Data from FY2018-FY2022
relatively low priority for USACE and have pointed to
In FY2018-FY2022, 28 states with EI assistance
other federal programs for which these nonfederal water
projects may be eligible. CRS Report RL30478, Federally
authorizations have received funding from annual
Supported Water Supply and Wastewater Treatment
appropriations and supplemental appropriations (Figure 1).
From FY2018 through FY2021, USACE limited EI funds
Programs, describes other federal programs of this type.
to only those authorities that had received funds in previous
Anna E. Normand, Analyst in Natural Resources Policy
years. For enacted FY2021 appropriations (Division D of
P.L. 116-260), Congress stated in the accompanying
IF11184
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Army Corps of Engineers: Environmental Infrastructure (EI) Assistance

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