Infrastructure Investment and Jobs Act Funding for U.S. Army Corps of Engineers (USACE) Civil Works

Infrastructure Investment and Jobs Act Funding for U.S. Army Corps of Engineers (USACE) Civil Works

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INSIGHTi

Infrastructure Investment and Jobs Act
Funding for U.S. Army Corps of Engineers
(USACE) Civil Works
Updated February 14, 2024
Congress authorizes and funds the U.S. Army Corps of Engineers (USACE) to undertake civil works
activities, including planning and construction of water resource projects and maintenance of navigation
improvements and other infrastructure.
Division J, Title III, of the Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58), which became law
on November 15, 2021, provided $17.1 billion in emergency appropriations to various USACE accounts
(see Figure 1), with the majority going to three accounts:
• Construction (68%)
• Operation and Maintenance (O&M; 23%)
• Mississippi River and Tributaries (MR&T; 5%)
IIJA also provided
• $251 million for repair of damages to existing projects, including nonfederal levees and
shore protection through the Flood Control and Coastal Emergencies (FCCE) account
• $75 million to the Water Infrastructure Finance and Innovation Program (WIFIP) account
for USACE to implement a direct loan and loan guarantee program, which IIJA limited to
nonfederal dam safety work (similar to a limit applied to annual appropriations from
FY2021 through FY2023)
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Figure 1. IIJA’s USACE Funding in Context of Other USACE Appropriations and
Selected IIJA Designated Uses, by Account
(amounts are nominal and in billions [B] or millions [M] of dollars)

Sources: CRS using P.L. 117-58, P.L. 116-260 (Consolidated Appropriations Act, 2021), P.L. 115-123 (Bipartisan Budget
Act of 2018, BBA 2018), and P.L. 111-5 (American Recovery and Reinvestment Act of 2009, ARRA).
IIJA Funding in Context
Figure 1 shows IIJA funding in the context of annual civil works appropriations preceding IIJA
enactment (FY2021; Division D, Title I, of P.L. 116-260) and two emergency appropriations:
• Bipartisan Budget Act of 2018 (BBA 2018; P.L. 115-123), which funded USACE flood
disaster repair and recovery and flood risk management studies and projects

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• American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5), which funded
USACE activities for economic stimulus purposes and other policy objectives
As shown in Figure 1, IIJA provided funding equal to multiple years of recent annual appropriations,
particularly for the Construction account. Below are some project types that IIJA funded, with FY2021
funding levels provided in parentheses:
• $2.50 billion for inland waterways construction ($0.81 billion)
• $2.55 billion and $2.50 billion for risk management of coastal floods and inland floods
($0.81 billion and $0.36 billion), respectively
• $1.90 billion for aquatic ecosystem restoration ($0.56 billion)
• $465 million for continuing authorities programs ($70 million)
• $30 million in FY2023 for a new USACE pilot program for flood risk management
feasibility studies for economically disadvantaged or rural communities
Similar to other emergency appropriations legislation, Congress applied some but not other statutory
requirements and common USACE annual appropriations policy limitations to IIJA funds (see Table 1).
IIJA included the following direction for USACE in using the $2.50 billion for inland flood risk
construction: prioritize projects benefitting “economically disadvantaged communities,” and consider
prioritizing projects benefiting areas with minority groups and populations in poverty greater than the
national average percentages.
Table 1. Selected Requirements and Policies Applied to Certain USACE Funding
Statutory Requirements or
Other Policies (Source)
IIJA
FY2021
BBA 2018
ARRA
Project Costs and Starts
Limit to increases in project cost without
Not applied
Applied
Not applied
Not applied
obtaining congressional authorization
(33 U.S.C. §2280)
Limit to number of construction starts
Not applied
Applied
Not applied
Applieda
(annual appropriations bil s)
(limit was seven
(no new starts)
new starts)
Trust Fund Contributions
Harbor Maintenance Trust Fund (HMTF)
Not applied
Applied
Applied
Applied
pays eligible harbor maintenance costs
(33 U.S.C. §2238)
Inland Waterways Trust Fund pays a
Not applied
Applied
NA
Not applied
portion of certain waterway construction
(construction
costs (33 U.S.C. §2212; §109, Division
funds were for
AA, of P.L. 116-260)
flood activities)
Nonfederal Construction Cost Share (e.g., 33 U.S.C. §§2211-2213 for most water resource projects)
Ongoing construction
Appliedb
Applied
Not applied
Applied
New construction
Appliedb
Applied
Applied
Applied
(waived for Puerto
Rico and U.S.
Virgin Islands)
Nonfederal Share of Costs for Repair of Certain Damaged Flood Control Works (33 U.S.C. §701n)
Repairs to damaged shore protection
Not applied
Applied
Not applied
NA

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Statutory Requirements or
Other Policies (Source)
IIJA
FY2021
BBA 2018
ARRA
Other eligible repairs (e.g., inland levees)
Applied
Applied
Applied
NA
Sources: CRS using P.L. 117-58; P.L. 116-260; P.L. 115-123; P.L. 111-5; the U.S. Code; U.S. Congress, House Committee
on Transportation and Infrastructure, Recovery Act: One-Year Progress Report for Transportation and Infrastructure Investments,
hearing, 111th Cong., 2nd sess., February 23, 2010 (Washington, DC: GPO, 2010), p. 102; and USACE, ARRA Financial and
Operational Review Report, undated.
Notes: NA = Not applicable.
a. The Administration interpreted ARRA as limiting new construction starts and providing for HMTF contributions.
b. IIJA maintained nonfederal construction cost-share requirements, except for certain projects and assistance related to
restoring fish and wildlife passage.
Next Steps
IIJA included account-specific language regarding reporting to congressional appropriations committees.
IIJA required the USACE Chief of Engineers to deliver
• Spend plans within 60 days of enactment on use of IIJA funds available in FY2022 for
the Investigation, O&M, and MR&T accounts and use of IIJA funds available in FY2022,
FY2023, and FY2024 for the Construction account
• Monthly reports on allocations and obligations for the Investigations, Construction, and
MR&T accounts, beginning within 120 days of enactment (March 15, 2022)
• Spend plans as part of the President’s FY2023 budget request for IIJA FY2023
Investigations and O&M funds and FY2024 budget request for IIJA FY2024 O&M funds
USACE has published IIJA spend plans for FY2022, FY2023, and FY2024 that include project names
and locations. Some FY2022 funds remain unassigned to specific projects as of February 2024. In recent
FY2022 spend plan addendums, USACE rescinded allocations for some projects and activities.
Issues for Congress may include the pace of USACE implementation of IIJA funded projects and plans
for funding the completion of partially funded IIJA projects. IIJA oversight may occur in the context of
broader congressional inquiries into USACE supplemental appropriations. For example, some in
Congress have previously expressed concerns about USACE challenges with execution, cost overruns,
and delays with projects funded by BBA 2018 and completion of projects partially funded by the Disaster
Relief Supplemental Appropriations Act, 2022 (P.L. 117-43).

Author Information

Anna E. Normand
Nicole T. Carter
Specialist in Natural Resources Policy
Specialist in Natural Resources Policy

Disclaimer

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IN11723 · VERSION 8 · UPDATED