Water Resources Development Acts: Primer
Updated March 14, 2023
Water Resources Development Acts: Primer
The U.S. Army Corps of Engineers (USACE) is a
In WRDAs, Congress generally establishes a general
Department of Defense agency that develops water resource
framework and guidelines for implementing USACE water
projects, principally to improve navigable channels, reduce
resource projects and activities (e.g., setting standard
flood and storm damage, and restore aquatic ecosystems.
federal and nonfederal cost shares). WRDAs also authorize
Congress often considers, on a biennial schedule, omnibus
USACE to perform specific studies and projects. Most
legislation to authorize USACE water resource activities.
USACE water resource projects require two types of
Congress regularly refers to this legislation as a Water
congressional authorization, which are provided at different
Resources Development Act (WRDA). WRDAs are
points in time: (1) authority to study the feasibility of the
distinguished from each other by the year of enactment
project and (2) authority to construct (and operate and
(e.g., WRDA 1986). Authorization is generally a
maintain, as applicable) the project. Authorizations for most
precondition for USACE activities to be eligible for federal
USACE studies and projects are geographically specific
appropriations.
(e.g., a flood risk reduction project for a specific
community along a river or coast).
WRDA provisions generally add to or amend existing
USACE authorizations and provide congressional policy
WRDAs also may adjust the required cost sharing for
direction to the agency. Drivers for enactment of a new
specific projects or activities, or they may authorize
WRDA typically include nonfederal and congressional
USACE to provide specific financial assistance. For
interest in new USACE studies and projects as well as
example, in WRDAs since 1992, Congress has authorized
adjustments to existing USACE projects, programmatic
USACE to assist with environmental infrastructure (e.g.,
authorities, and policies. Events such as droughts and
design and construction assistance for municipal drinking
floods, along with congressional deliberations on
water and wastewater infrastructure) in designated
infrastructure investments and other policy initiatives, may
communities, counties, and states. For more on this
shape deliberations of USACE authorization legislation in
assistance, see CRS Report R47162, Overview of U.S. Army
the 118th Congress.
Corps of Engineers Environmental Infrastructure (EI)
Assistance.
Consideration and Enactment of WRDAs
Congress typically consolidates USACE authorization
Authorization for a project or activity on its own is not
proposals into a WRDA bill rather than deliberating on
sufficient for USACE to proceed; once Congress authorizes
multiple bills of smaller scope. Historically, most WRDA
an activity in a WRDA, USACE must still receive funding
provisions have focused on USACE’s water resource
for that activity (e.g., Investigation account funding to
activities; however, on some occasions, provisions have
complete an authorized study). Congress provides
addressed the agency’s other responsibilities (such as its
appropriations for USACE through the annual Energy and
regulatory responsibilities).
Water Development appropriations process and, at times,
through supplemental appropriations. Most USACE
WRDAs have been enacted as stand-alone bills (e.g., in
appropriations are directed toward specific USACE studies
2000, 2007, and 2014) and as part of broader bills (e.g., in
and projects authorized by Congress. For more on USACE
2016, 2018, 2020 and 2022). WRDA 2022 was enacted in
funding, see CRS Report R46320, U.S. Army Corps of
December 2022 as Title LXXXI of Division H of the James
Engineers: Annual Appropriations Process, and CRS In
M. Inhofe National Defense Authorization Act for Fiscal
Focus IF11945, U.S. Army Corps of Engineers:
Year 2023 (FY2023 NDAA; P.L. 117-263). For more on
Supplemental Appropriations.
WRDA 2022, see CRS Insight IN11965, Water Resources
Development Act of 2022 (WRDA 2022).
Although most USACE authorizations do not expire,
Congress has limited the duration of some WRDA
USACE Activities and WRDA Authorizations
provisions (e.g., a 10-year pilot program authorization).
Although the three primary purposes of USACE studies and
WRDA provisions may extend or remove the time
projects historically have been improving navigation,
limitations on these authorities. WRDA provisions also may
reducing flood risk, and restoring aquatic ecosystems, many
rescind authority for (i.e., deauthorize) unconstructed
USACE projects are multipurpose—that is, they might
projects or projects no longer serving their authorized
provide water supply storage, recreation, and hydropower,
purposes.
among other benefits, in addition to one or more of the
three primary purposes. USACE is directly engaged in the
WRDA Development and Process to Propose
planning and construction of water resource projects.
Activities for Authorization
To develop WRDAs, the authorizing committees for
USACE—the House Committee on Transportation and
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Water Resources Development Acts: Primer
Infrastructure and the Senate Committee on Environment
to implement programs to provide credit assistance (i.e.,
and Public Works—typically hold hearings to receive
direct loans or loan guarantees) for various types of water
testimony from stakeholders, review reports transmitted by
projects. For USACE, WIFIA authorizes the agency to
the Administration, and solicit input from Members. In
financially assist a broad range of water resource projects,
Section 7001 of the Water Resources Reform and
potentially including some projects in the USACE
Development Act of 2014 (WRRDA 2014; P.L. 113-121),
construction backlog. Since FY2021, when Congress
Congress established a new process that may assist
created an account for USACE to initiate its WIFIA
congressional authorizing committees in identifying
program―the Corps Water Infrastructure Financing
USACE studies, projects, and project modifications for
Program (CWIFP)―Congress has limited CWIFP financial
authorization. In Section 7001, as amended, Congress
assistance to safety projects for nonfederally owned dams, a
requires the Administration to transmit an annual report to
project type that is not part of the USACE construction
the authorizing committees on publicly submitted USACE
backlog. For more on CWIFP, see CRS Insight IN12021,
study and project proposals, along with USACE-developed
Corps Water Infrastructure Financing Program (CWIFP).
project decision documents that require congressional
Other approaches for Congress to address the project
authorization. WRDAs in 2016, 2018, 2020, and 2022 drew
backlog include increasing federal funding for this
upon Section 7001 reports as the basis for authorizing
infrastructure and deauthorizing unconstructed projects
various geographically specific USACE activities. For more
with older authorizations.
on the Section 7001 process, see CRS Insight IN11118,
Army Corps of Engineers: Section 7001 Report on Future
WRDA Oversight and Next WRDA Preparations
Studies and Projects.
After a WRDA is enacted, Congress may oversee its
implementation or provide additional implementation
Nonfederal Responsibilities
direction through the appropriations process. The 118th
Although USACE projects authorized in WRDAs are
Congress may review USACE efforts to implement WRDA
federal projects, they often require nonfederal sponsors to
2022, as well as authorities in earlier acts. Congress may be
share costs and assume other responsibilities. Nonfederal
interested in the status of USACE guidance describing how
sponsors generally are required to provide land and other
the agency plans to implement selected WRDA 2022 and
real estate interests needed for a project and to share study
prior WRDA provisions. Congress also may seek
and construction costs. Most studies are cost shared 50%
information on specific authorized activities, such as
federal and 50% nonfederal. For various USACE project
agency actions addressing water resource projects for tribes
purposes, Congress has set standard cost shares for
and in economically disadvantaged and rural communities
construction and for the nonfederal responsibilities
(e.g., §8115 of WRDA 2022; §118 and §165 of WRDA
following construction. For instance, Congress set the
2020 [Division AA of P.L. 116-260]).
construction cost sharing for restoration projects at a fixed
65% federal and 35% nonfederal, unless otherwise
Another potential subject of WRDA oversight may be
specified. For most USACE flood control and restoration
agency activities related to small water storage projects,
projects, nonfederal sponsors are 100% responsible for
including for water supply and water conservation (§155 of
operation, maintenance, and rehabilitation costs.
WRDA 2020). Congress also may be interested in actions
to implement aquifer recharge feasibility studies (§8108 of
Investing in USACE Backlogged Projects
WRDA 2022) and other authorizations related to drought
Numerous activities authorized for construction in previous
and western water resources (e.g., §8208 of WRDA 2022).
WRDAs remain unfunded. USACE has a construction
backlog exceeding $100 billion, as well as numerous
In addition to oversight, topics that may shape WRDA
authorized but unfunded studies and operation and
deliberations in the 118th Congress include how USACE
maintenance activities. Nonfederal sponsors often remain
activities interact with broader policy concerns, such as
interested in pursuing these unfunded studies and
climate change mitigation and adaptation, economic and
construction activities. A challenge for federal
environmental justice efforts, the role of USACE navigation
policymakers is whether, and if so how, to advance these
projects in supply chains, and federal infrastructure
projects. One way is to expand opportunities for greater
spending deliberations (e.g., effectiveness and efficiency of
nonfederal roles in development, construction, and
federal funding, federal priorities for flood risk reduction
financing of backlogged projects. In WRRDA 2014,
activities). Another consideration may be WRDA
WRDA 2016 (Title I of P.L. 114-322, Water Infrastructure
provisions’ effects on discretionary spending and
Improvements for the Nation Act [WIIN Act]), and WRDA
mandatory receipts. Other factors shaping WRDA
2018 (Title I of P.L. 115-270, America’s Water
deliberations in the 118th Congress may include the status
Infrastructure Act of 2018 [AWIA 2018]), Congress
and authorization of specific studies, projects, and
expanded the opportunities for interested nonfederal
activities. For a primer and resources on USACE
entities, including private entities, to advance authorized
authorizations and appropriations, see CRS Insight
studies and projects.
IN11810, U.S. Army Corps of Engineers Civil Works:
Primer and Resources.
Another option to facilitate project construction is to
expand project financing opportunities. In WRRDA 2014,
Nicole T. Carter, Specialist in Natural Resources Policy
Congress authorized the Water Infrastructure Finance and
Anna E. Normand, Analyst in Natural Resources Policy
Innovation Act (WIFIA). WIFIA includes authority for both
USACE and the Environmental Protection Agency (EPA)
IF11322
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Water Resources Development Acts: Primer
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