Army Corps of Engineers: FY2022 Appropriations

Army Corps of Engineers: FY2022 Appropriations

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Updated June 24, 2022
Army Corps of Engineers: FY2022 Appropriations
Congress generally funds the civil works activities of the
Figure 1.USACE Annual Appropriations by Account,
U.S. Army Corps of Engineers (USACE) in annual Energy
FY2018-FY2022
and Water Development appropriations acts. These
(nominal $, in bil ions)
activities include the planning and construction of
authorized water resource projects and the operation and
maintenance of infrastructure and navigation improvements
managed by USACE. For USACE civil works, President
Biden requested $6.79 billion for FY2022, which was $547
million above FY2021 enacted. Since FY2013, Congress
has funded USACE above the President’s request. For
FY2022, Congress provided $8.34 billion (19% above the
FY2022 request and 7% above FY2021 enacted level) in
the Consolidated Appropriations Act, 2022 (Division D,
Title I of P.L. 117-103). In 2021, Congress also provided
USACE with $22.81 billion in supplemental appropriations
in P.L. 117-43 and P.L. 117-58 (see CRS In Focus IF11945,
U.S. Army Corps of Engineers: Supplemental
Appropriations). Of these supplemental funds, $20.68
billion were made available in FY2022.
USACE Funding

Unlike many of the federal agencies that support
Source: CRS, based on enacted appropriations laws.
infrastructure investments by distributing funds to
Notes: ASA = Assistant Secretary of the Army; FUSRAP = Formerly
nonfederal entities by formula or through competitive grant
Utilized Sites Remedial Action Program; Regulatory = Regulatory
programs, USACE commits funds directly for project
Program; WIFIA = Water Infrastructure Finance and Innovation Act.
planning and construction. It uses most of its appropriations
for work on specific studies and projects authorized by
Congressionally Directed Funding
Congress. The costs for these activities are often shared
The 117th Congress included congressionally directed
with nonfederal project sponsors or users. For more on the
funding for site-specific studies and projects in the FY2022
USACE appropriations process and related issues, see CRS
appropriations process. From the 112th to the 116th
Report R46320, U.S. Army Corps of Engineers: Annual
Congresses, moratorium policies limited congressionally
Appropriations Process and Issues for Congress.
directed funding of these studies and projects, which are
sometimes referred to as earmarks. For FY2022, in addition
As did budget requests by previous Administrations, a
to providing funds for the President’s requested studies and
majority of President Biden’s FY2022 USACE budget
projects, Congress in the joint explanatory statement (1)
request would have funded existing infrastructure through
funded geographically specific studies and projects that
the operations and maintenance (O&M) account. Congress
were requested by Members of Congress (i.e., community
provided 55% of FY2022 USACE appropriations through
project funding/congressionally directed spending,
the O&M account, which included an increase of $720
CPF/CDS) and (2) provided funds in broad categories
million in FY2022 compared with FY2021. Congress
(referred to as additional funding), such as shore protection,
provided less funding for four accounts in the enacted
and directed USACE to develop a work plan for
FY2022 annual appropriations compared with FY2021
distributing funds to individual studies and projects (as had
(e.g., $200 million less for the Construction account; see
been the case in the 112th-116th Congresses). Congress did
Figure 1). Pursuant to direction in the joint explanatory
not provide the Administration with authority to initiate
statement that accompanied P.L. 117-103 enactment,
additional new starts beyond those listed in the explanatory
Congress funded a “limited number” of new studies and
statement with FY2022 work plan appropriations.
projects (referred to as new starts); these included the
Additional funding in FY2022 totaled $782 million, down
Administration’s request for seven new studies and four
from $2.25 billion in FY2021 (Figure 2). CPF/CDS, which
new construction projects.
were not part of FY2021 appropriations, totaled $584
million in FY2022. While most CPF/CDS requests by
Members were included in FY2022 enacted appropriations,
some CPF/CDS items included in the FY2022 House and
Senate bills were funded at a lower level than requested or
not included in the enacted bill.
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Army Corps of Engineers: FY2022 Appropriations
Figure 2.USACE Funding for Individual Studies and
$2.05 billion from the HMTF in FY2022, which is above
Projects, FY2018-FY2022
the HMTF revenue projection of $1.97 billion.
(nominal $, in bil ions)
Flood Risk and Aquatic Ecosystem Restoration
The FY2022 request for inland and coastal flood risk
reduction was $1.72 billion, of which $1.68 billion was for
inland projects and $37 million for coastal projects. The
request included $359 million for Everglades restoration
among the $498 million requested for aquatic ecosystem
restoration activities. Congress through P.L. 117-103
provided additional funding to support these types of
projects and funded specific flood and restoration projects
based on CPF/CDS requests. In total, the FY2022 enacted
annual appropriations supported inland flood risk reduction
at $1.78 billion and coastal flood risk reduction at $170
million. FY2022 enacted appropriations provided $702
million for aquatic ecosystem restoration, including $359
million for Everglades restoration.
Continuing Authorities Programs

USACE plans and constructs projects of limited scope and
Source: CRS, using enacted appropriations laws and reports.
cost, without project-specific authorizations, through its
Notes: CPF/CDS = community project funding/congressional y
Continuing Authorities Programs (CAPs; see CRS In Focus
directed spending. Continuing Authorities Programs are not included.
IF11106, Army Corps of Engineers: Continuing Authorities
Programs). While President Biden’s FY2022 request
Navigation Improvements
included $5 million for four of nine authorized CAPs,
The FY2022 budget requested $3.44 billion for navigation,
Congress funded $53 million for eight CAPs for FY2022 in
including $2.26 billion for coastal navigation and harbors
P.L. 117-103. Some of the CAP funding was directed
and $1.19 billion for inland and intracoastal waterways. The
toward specific projects as CPF/CDS under five CAPs.
enacted annual appropriations funded navigation at $2.84
billion for coastal navigation and harbors and $1.29 billion
Environmental Infrastructure Assistance
for inland and intracoastal wateways. Some navigation
Since 1992, Congress also has authorized and funded
activities are funded by trust funds―the Inland Waterways
USACE to provide environmental infrastructure (EI)
Trust Fund (IWTF) and the Harbor Maintenance Trust Fund
assistance (e.g., planning, design, and construction of
(HMTF). The request proposed to create separate accounts
municipal drinking water and wastewater infrastructure
for the funds, but Congress did not adopt the proposal.
projects in specified communities, counties, and states).
(See CRS Report R47162, Army Corps of Engineers
The IWTF receives collections from a $0.29 per gallon fuel
(USACE) Environmental Infrastructure (EI) Assistance:
tax on commercial vessels on designated waterways. The
Authorities, Appropriations, and Issues for Congress.) For
Water Resources Development Act of 2020 (Division AA
FY2022, the Administration did not request funding for EI
of P.L. 116-260) amended the required IWTF contribution
assistance; however, Congress funded $87 million for
toward some USACE construction projects on inland and
specific EI assistance authorities as CPF/CDS, plus $13
intracoastal waterways. As a result, the IWTF contributes
million that USACE allocated in its F2022 work plan.
35%, rather than 50%, to the construction of projects
receiving construction appropriations in FY2021 through
Civil Works Infrastructure Financing Program
FY2031 (or until the projects are complete). Based on the
In 2014, the Water Infrastructure Finance and Innovation
work plan, the IWTF is providing $72.4 million toward
Act (WIFIA; 33 U.S.C. §§3901-3914, as amended)
navigation infrastructure in FY2022.
authorized USACE to provide credit assistance, in the form
of secured or direct loans, for a range of water resource
The HMTF receives Harbor Maintenance Tax (HMT)
projects. In FY2021, Congress created a new USACE
collections. The HMT is applied principally to imported
WIFIA account and funded the program at $14.2 million.
and domestic waterborne cargo at coastal and Great Lakes
Congress provided an additional $75.0 million for the
ports. Congress has authorized using HMTF monies for
USACE WIFIA account in P.L. 117-58 and $7.2 million for
certain coastal navigation and harbor O&M activities. In
FY2022. The funds provided to date are to cover the
most years since the early 1990s, annual HMT collections
subsidy and administrative costs for financial assistance for
and interest on the HMTF balance exceeded annual
nonfederal dam safety projects. (See CRS Insight IN11577,
spending on HMTF-eligible activities. Due to provisions
U.S. Army Corps of Engineers Civil Works Infrastructure
enacted in Section 14003 of P.L. 116-136 and Section 101
Financing Program (CWIFP): Status and Issues).
of P.L. 116-260, the use of some HMTF funds no longer
counts toward annual budget caps (see CRS In Focus
Anna E. Normand, Analyst in Natural Resources Policy
IF11700, Water Resources Development Act of 2020). In
Nicole T. Carter, Specialist in Natural Resources Policy
P.L. 117-103, Congress provided USACE with almost
IF11846
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Army Corps of Engineers: FY2022 Appropriations

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https://crsreports.congress.gov | IF11846 · VERSION 4 · UPDATED