Water Resources Development Act of 2022 (WRDA 2022)

Water Resources Development Act of 2022 (WRDA 2022)

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INSIGHTi

Water Resources Development Act of 2022
(WRDA 2022)
Updated February 14, 2024
Recent Congresses have biennially considered omnibus legislation authorizing U.S. Army Corps of
Engineers (USACE) civil works activities, typically called Water Resources Development Acts
(WRDAs). Eligibility for USACE annual and supplemental appropriations generally requires activities to
first be authorized. WRDAs add to or amend existing USACE authorizations and provide policy
direction. The 117th Congress enacted the Water Resources Development Act of 2022 (WRDA 2022) as
Title LXXXI of Division H of the James M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (FY2023 NDAA; P.L. 117-263).
USACE authorization action in the 117th Congress began with H.R. 7776, the Water Resources
Development Act of 2022. The House passed H.R. 7776 in June 2022; the Senate passed its amendment
to H.R. 7776 in July 2022. In December 2022, the House and Senate agreed to a House amendment to the
Senate amendment to H.R. 7776, which consisted of the FY2023 NDAA’s defense authorizations as well
as a title for WRDA 2022 and various other nondefense titles. Table 1 identifies selected provisions of the
enacted WRDA 2022.
Following WRDA enactment, USACE often has developed implementation guidance for many WRDA
provisions. On January 20, 2023, USACE opened a 60-day comment period for input on its
implementation of WRDA 2022 provisions. For WRDA 2022, USACE has indicated plans for
implementation guidance for 12 provisions. USACE has created a website for its WRDA 2022 guidance.
Table 1. Selected Water Resources Development Act of 2022 Provisions
(dollar amounts represent authorizations of appropriations; B = billion, M = million)
Provision Type
Description
Study, Project, and Program Authorizations
Authorize new project construction
§8401 authorized 25 new projects at $50.4 B ($30.0 B federal, $20.4 B
nonfederal). Among the projects authorized would be a Coastal Texas project at
$34.4 B ($21.4 B federal, $13.0 B nonfederal).
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Provision Type
Description
Authorize modifications to authorized
§8401 authorized modifications to 6 projects at a total cost of $11.8 B ($8.3 B
projects that are unconstructed or
federal, $3.5 B nonfederal).
under construction
Authorize feasibility and project
§8201 authorized 94 new studies and 12 project modification studies, and §8307
modification studies
authorized feasibility studies for three reauthorized projects.
Expand feasibility study scope at
§8106 allowed for study scopes to expand in two ways: (1) expand coastal storm
nonfederal sponsor’s request
and inland flood feasibility studies to incorporate other flood risk (e.g., due to
erosion, tides, rainfall, subsidence, groundwater emergence), and (2) expand
feasibility studies to include water supply, water conservation, and measures to
reduce water resource impacts of extreme weather events, including drought.
Authorize aquifer recharge feasibility
§8108 authorized USACE to perform up to 10 feasibility studies (at 90% federal
studies
cost) of managed aquifer recharge projects in areas that have recently
experienced prolonged drought, aquifer depletion, or water supply scarcity.
Authorize environmental infrastructure
Various provisions (e.g., §8311, §8319, §8353, §8359, §8373, §8374, §8375 and
(EI) assistance for design and
§8376) amended and added new EI authorities related to publicly owned and
construction of water infrastructure in
operated water infrastructure, amounting to a $6.6 B total increase in USACE EI
specified municipalities, counties, and
authorization of appropriations.
states
Increase continuing authorities
§8103 increased the federal project cost limit from $5 M to $15 M.
program’s federal project cost limit for
streambank and shoreline (erosion)
projects
Deauthorize construction projects
§8301 replaced WRDA 2020’s deauthorization list for pre-WRDA 2007 inactive
projects and repealed WRDA 2020’s automatic deauthorization provision.
Sharing Costs of USACE Projects
Reduce percentage of inland waterway
§8157 made permanent a previous temporary change that altered the IWTF
or intracoastal waterway construction
share of construction from 50% to 35% for all projects that are new or ongoing
project costs that are derived from the
after October 1, 2022.
Inland Waterways Trust Fund (IWTF)
Extend periodic sand nourishment for
§8129 authorized USACE to extend for 15 years periodic renourishment for
coastal storm damage reduction
projects that have reached their maximum authorized renourishment period. It
also authorized USACE to study 50-year extensions of periodic renourishments.a
Use of other federal funds
§8149 altered an existing authority on the use of federal funds toward USACE
nonfederal cost shares for studies and projects (33 U.S.C. §2222) to require
USACE to accept other federal funds as long as the statutory authority for those
funds does not prohibit such a use and the study or project activities would
otherwise be eligible for the federal funding.
Existing Infrastructure
Western infrastructure study
§8208 directed that USACE conduct a study of additional measures to sustain
operations, mitigate droughts and floods, increase water supply, and restore
aquatic ecosystems at USACE South Pacific Division reservoirs.
Assess and repair levees that are not
§8387 amended a nonfederal levee repair authority to increase USACE per-
federally maintained
project assistance limit from $10 M to $25 M, and to prioritize assistance for
economically disadvantaged communities.
Other

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Expand scope of work when repairing
§8102 expanded authority to alter nonfederal flood control works to not only
damaged nonfederal flood control
address damage but also enhance resilience and deficiencies (such as addressing
works (levees, dunes/beaches, dams)
sea level rise and erosion).
Establish a Tribal and Economically
§8115 required the establishment of TEDCAC to develop and make
Disadvantaged Communities Advisory
recommendations on actions to improve delivery of water resources projects
Committee (TEDCAC)
and assistance to economically disadvantaged communities, including communities
in rural and urban areas.
Authorize “called-upon” flood control
§8309 authorized the Secretary of the Army to expend funds for “called-upon”
operations in the Columbia River Basin
Canadian flood control operations to protect the U.S. portion of the Columbia
River Basin after 2024 (i.e., when Columbia River Treaty flood control provisions
are scheduled to expire), but only when such funds are appropriated by Congress
for these purposes. It required reporting to Congress on these expenditures, and
authorized the USACE to study options for U.S.-based flood control measures.
Source: Congressional Research Service.
a. Federal periodic nourishment at 50% cost had been authorized generally for 50 years, and it could be extended for an
additional 6 years. Studies for extension of renourishment currently had been typically limited to 15-year extensions.

Author Information

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

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