Water Resource Issues in the 118th Congress

March 1, 2023 R47440

Water Resource Issues in the 118th Congress
March 1, 2023
Congress has long demonstrated interest in water resource issues; over time, it has enacted
hundreds of water-related federal laws and authorized thousands of projects with purposes such
Anna E. Normand
as navigation, flood control, and water storage, among others. Congress also has directed federal
Analyst in Natural
agencies to perform various scientific activities to improve understanding and forecasts of water
Resources Policy
resources. Federal activities in these areas include monitoring and forecasting water flows,

quality, and availability; responding to extreme events such as droughts and floods; designing
Nicole T. Carter
and constructing water resource infrastructure; restoring aquatic ecosystems; and conducting
Specialist in Natural
oversight of federal management of water resources. The 118th Congress may consider existing
Resources Policy
challenges related to overlaps and gaps in federal water resource infrastructure and science

activities. It also may consider issues regarding coordination and consistency among federal
programs. In addition, Congress may consider funding levels and priorities for federal water
Charles V. Stern
resource project investments and water resource-related science.
Specialist in Natural
Resources Policy
Development and economic pressures, hydrologic events (e.g., droughts, floods), and other

concerns—aquatic invasive species, land-use change, and climate change, among other issues—
Eva Lipiec
have increased stakeholder interest in water science and water resource development. Many
Analyst in Natural
stakeholders have expressed interest in (1) federal financial and technical assistance for
Resources Policy
constructing new water resource infrastructure (e.g., storm-surge gates, water storage) at various

locations and (2) new types of projects (e.g., nature-based flood and drought risk reduction). In
Mariel J. Murray
addition, some stakeholders and Members of Congress have called for improved management of
Specialist in Natural
available water supplies through advances in water science (e.g., monitoring and modeling) and
Resources Policy
operational changes. Operation and maintenance needs of the nation’s vast water resource

infrastructure, including rehabilitation and repair of aging projects, also draw congressional
attention and encompass a sizable portion of some water resource agency budgets.
Pervaze A. Sheikh
Specialist in Natural
The 118th Congress may be interested in the authorization, funding, and activities of the water
Resources Policy
resource development and science agencies. Congress directs the U.S. Army Corps of Engineers

(USACE, in the Department of Defense) or the Bureau of Reclamation (Reclamation, in the
Department of the Interior) to undertake various water resource project and assistance activities,

including the planning, construction, operation, and maintenance of most federally owned water
resource projects. Other federal agencies also own and operate water resource projects (e.g., the Tennessee Valley Authority).
Congress has tasked various federal agencies—including the U.S. Geological Survey (USGS) and the National Oceanic and
Atmospheric Administration (NOAA), among others—with water resource research, monitoring, and forecasting activities.
The 118th Congress also may focus on crosscutting water resource and related science topics, including the following:
 The federal response to drought, particularly in the Colorado River Basin
 Oversight of agency implementation of new authorities and supplemental funding enacted in the 117th
Congress, including for tribal water resource issues, dam safety, and maintenance of existing water
infrastructure
 Advances in water science and technology to observe, forecast, and respond to droughts, floods, and other
climate events
 The expansion of water supplies, including through new technologies, updated operations, and new
construction
 Improvements in ecosystem resilience by restoring aquatic ecosystems and using natural and nature-based
infrastructure

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Introduction
Congress has long demonstrated interest in water resource issues. It has enacted hundreds of
water-related federal laws and authorized thousands of water-related projects with purposes such
as navigation, flood control, and water storage, among others. Congress also has directed federal
agencies to perform various science activities to improve understanding and forecasts of water
resources. Members of Congress can introduce legislation related to water resource issues, and
congressional committees are involved in legislating, funding, and overseeing the water-related
activities of federal agencies, such as the Bureau of Reclamation (Reclamation) and the U.S.
Geological Survey (USGS), each of which has a distinct focus to its water work. Activities of
various agencies listed in Table 1 include researching, monitoring, and forecasting water flows,
quality, and availability; responding to extreme events such as droughts and floods; designing and
constructing water resource infrastructure; restoring aquatic ecosystems; and conducting
oversight over federal management of water resources. Federal involvement in water resource
development and management and water science entails a complex web of agencies and
authorities. The 118th Congress may consider existing challenges related to both overlaps and
gaps in federal water resource infrastructure and related science activities. Congress also may
consider coordination and consistency among federal water-related programs.
Development pressures, hydrologic events (e.g., droughts, floods), and other concerns—aquatic
invasive species, land-use change, and climate change, among others—have increased
stakeholder interest in water science and water resource development. Many stakeholders have
expressed interest in (1) federal financial and technical assistance for constructing new water
resource infrastructure (e.g., storm-surge gates, water storage) at various locations and (2) new
types of projects (e.g., nature-based flood and drought risk reduction). In addition, some
stakeholders and Members of Congress have called for improved management of available water
supplies through advances in water science (e.g., monitoring, modeling) and operational changes.
Operation and maintenance needs of the nation’s vast water resource infrastructure, including
rehabilitation and repair of aging projects, also draw congressional attention and encompass a
sizable portion of some water resource agency budgets.
Water resource policy deliberations of the 118th Congress may include the following:
 Certain authorization issues (e.g., biennial consideration of a Water Resources
Development Act [WRDA], reauthorization of appropriations for the National
Integrated Drought Information System [NIDIS])
 Oversight of agency implementation of new authorities and supplemental
funding enacted in the 117th Congress, including for tribal water resource issues,
dam safety, and maintenance of existing and aging infrastructure
 Advances in water science and technology to observe, forecast, and respond to
droughts, floods, other climate events, and water use demands
 Expansion of water supplies and ecosystem resilience, including through new
technologies, natural and nature-based infrastructure, updated operations, and
new construction
This report addresses broad categories of water resource topics that the 118th Congress may
consider. Responsibility for the development, management, protection, and allocation of the
nation’s water resources is spread among federal, state, local, and tribal governments, as well as
private interests. This report primarily focuses on federal activities related to water resource
science, development, and management by the U.S. Army Corps of Engineers (USACE),
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Reclamation, the USGS, and the National Oceanic and Atmospheric Administration (NOAA).1
The report also references other agencies with water resource-related responsibilities, such as the
National Aeronautics and Space Administration (NASA) and the Bureau of Indian Affairs (BIA),
as part of a discussion of specific crosscutting topics.
Agencies Involved in Water Resources
Congress has passed legislation to authorize and appropriate funding for multiple agencies to
undertake water resource projects and activities. Congress also has directed federal agencies to
conduct various water science and technology activities to inform federal and nonfederal water
resource management. Table 1 provides an overview of many such agencies. The first part of the
table reflects the four agencies whose water resource activities are discussed in more detail in this
section of the report. The second part of the table identifies selected other agencies involved in
water resources, including some mentioned in the report’s later discussion of crosscutting topics.
Table 1 illustrates that some agencies have significant water resource responsibilities central to
their activities, and numerous other agencies have roles in water resources in addition to other
responsibilities.
 Projects. Congress directs USACE, in the Department of Defense, and
Reclamation, in the Department of the Interior (DOI), to undertake various water
resource project and assistance activities, including the planning, construction,
operation, and maintenance of most federally owned water resource projects.2
Other federal agencies, such as the Tennessee Valley Authority, also may own
and operate water resource projects.
 Science. Congress has tasked various federal agencies with water resource
research, monitoring, and forecasting activities. As identified by this report, those
agencies include USGS and NOAA, among others (e.g., NASA).

1 This report is not exhaustive or comprehensive. For example, it does not address federal support for municipal water
systems; municipal wastewater infrastructure; environmental protections, such as water quality and wetlands
regulations; or ocean waters and associated science.
2 Other agencies, such as the Natural Resources Conservation Service, Tennessee Valley Authority, and International
Boundary and Water Commission, also have constructed and operate water resource facilities. These agencies are not
the primary focus of this report.
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Table 1. Selected Federal Agencies Involved in Water Resources and Principal
Committees of Jurisdiction
Principal House and
House and Senate
Agency
Selected Water Resource
Senate Authorization
Appropriations
(Department)
Roles
Committees
Subcommittees
Agencies Addressed in Detail in This Report
U.S. Army Corps of
Plan and construct projects
House Transportation
Energy and Water
Engineers
for navigation, flood risk
and Infrastructure (TI)
Development
(Dept. of the Army)
reduction, and aquatic
Senate Environment and
ecosystem restoration.
Public Works (EPW)
Maintain navigation channels
and operate multipurpose
dams.
Bureau of Reclamation Plan, construct, and assist
House Natural Resources
Energy and Water
(Dept. of the Interior)
with projects to augment and
(NR)
Development
deliver water supplies,
Senate Energy and
principally in the western
Natural Resources (ENR)
United States.
Fund the implementation of
certain Indian water rights
settlements, as directed by
Congress.
U.S. Geological Survey Col ect, assess, and
House NR
Interior-Environment
(Dept. of the Interior)
disseminate hydrological data
House Science, Space. and
and analysis.
Technology (SST)
Inform water availability and
use and ecosystem impacts.
Senate ENR
Research hydrological
Senate EPW
systems.
National Oceanic and
Research, observe, model,
House NR
Commerce-Justice-
Atmospheric
predict, warn, and
House SST
Science
Administration
disseminate information, with
(Dept. of Commerce)
a focus on water-related
Senate Commerce,
atmospheric and oceanic
Science, and
phenomena.
Transportation (CST)
Selected Illustrative Other Agencies Involved in Water Resources
Bureau of Indian
Manage various irrigation
House NR
Interior-Environment
Affairs
projects on tribal reservation
Senate ENR
(Dept. of the Interior)
lands.
Fund implementation of
Senate Indian Affairs
certain Indian water rights
settlements, as directed by
Congress.
International
Construct and maintain U.S.-
House Foreign Affairs
State-Foreign Operations
Boundary and Water
Mexico border water
House NR
Commission
infrastructure, as part of

agency’s role in implementing
Senate ENR
transboundary water treaties.
Senate Foreign Relations
International Joint
Resolve and prevent disputes
House Foreign Affairs
State-Foreign Operations
Commission
concerning transboundary or
Senate Foreign Relations
boundary waters between the
United States and Canada.
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Agency
Selected Water Resource
Principal House and
House and Senate
(Department)
Roles
Senate Authorization
Appropriations
Committees
Subcommittees
National Aeronautics
Develop and launch space
House SST
Commerce-Justice-
and Space
observations that advance
Senate CST
Science
Administration
understanding of Earth’s
water processes and
management of water
resources.
Natural Resources
Assist with rural water
House Agriculture
Agriculture
Conservation Service
resource projects and
House TI
(Dept. of Agriculture)
watershed management.
Senate Agriculture
Senate ENR
Tennessee Valley
Maintain water resource
House TI
(Agency is self-supporting
Authority
projects for regional
Senate EPW
since FY1999 using funds
development.
from electric power
sales.)
Source: Congressional Research Service (CRS), based principally on CRS Report R42653, Selected Federal Water
Activities: Agencies, Authorities, and Congressional Committees, for authorization jurisdiction.
Notes: This table does not cover every aspect of House and Senate committee jurisdiction affecting water
resource issues or every agency conducting water resource activities (e.g., the Environmental Protection Agency,
over which numerous committees have jurisdiction). For definitive evaluation of committee jurisdictions related
to water, the views of the House and Senate Parliamentarian Offices are official.
U.S. Army Corps of Engineers
Congress directs and funds USACE to undertake projects across the nation primarily to improve
navigation, reduce flood damage, and restore aquatic ecosystems.3 Congress generally authorizes
USACE water resource activities and makes changes to the agency’s policies through omnibus
WRDAs. In addition to annual appropriations (e.g., $8.3 billion in FY2023), Congress also may
provide supplemental appropriations to USACE for its projects and activities (see “Water
Resource Development Funding and Oversight”, below). The 118th Congress may consider a
WRDA, similar to the 113th-117th Congresses, each of which enacted an omnibus water resources
authorization act.4
The following subsections address USACE-related water resource issues that the 118th Congress
may consider in addition to issues raised by specific events, such as floods and droughts.
USACE Project Funding and USACE Financing
 Advancing USACE Projects. Congress has authorized USACE to construct
more water resource projects than can be accomplished with appropriated funds.
USACE has a backlog of more than $100 billion in authorized water resource

3 For a primer on U.S. Army Corps of Engineers (USACE) civil works activities, related appropriations documents, and
other resources, see CRS Insight IN11810, U.S. Army Corps of Engineers Civil Works: Primer and Resources, by Anna
E. Normand and Nicole T. Carter. Congress also directs USACE to assist with certain municipal water and wastewater
investments (referred to as environmental infrastructure [EI] assistance). For more information on USACE EI
assistance, see CRS Report R47162, Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI)
Assistance, by Anna E. Normand.
4 The 117th Congress enacted the Water Resources Development Act of 2022 as Title LXXXI, Division H, of the James
M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (P.L. 117-263).
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construction projects. The 118th Congress may consider options for funding or
financing the federal and nonfederal costs associated with these projects,
including some large projects (sometimes referred to as megaprojects) that
USACE is studying or Congress has authorized for construction.
 Funding USACE Projects. The 118th Congress may consider how trends in
annual and supplemental appropriations influence the effective, efficient, and
accountable use of USACE funding. Congress also may evaluate enacted
changes to trust funds for USACE coastal and inland navigation projects, as well
as the effectiveness of federal spending for maintaining a nationally and
regionally efficient navigation system. The 118th Congress also may oversee
USACE’s efforts to employ public-private partnerships for its projects.
 Funding Nonfederal Projects. USACE released a proposed rulemaking for its
Corps Water Infrastructure Financing Program (CWIFP) in 2022 and may request
its first CWIFP applications in 2023 for nonfederal dam safety projects.5 The
118th Congress may conduct oversight of this new role for USACE as a provider
of credit assistance, primarily loans.
USACE Project Decisionmaking and Planning Practices
 Updated Guidance and Policies. USACE has initiated an update to its project
planning principles and guidelines and its tribal program guidance.6 The agency
is also reviewing its tribal consultation policy, environmental justice guidance,
and definition for economically disadvantaged communities. USACE has
published a proposed rule to change the procedures for its emergency response
and assistance authority, including the program to rehabilitate certain damaged
nonfederal flood control works. The 118th Congress may consider these efforts as
part of its oversight activities and may consider whether to provide USACE
additional guidance regarding project planning, tribal activities, social
considerations, and emergency response.
 Oversight of USACE Decisionmaking. The 118th Congress may oversee
implementation of changes enacted by each of the 113th-117th Congresses on how
USACE is to evaluate nonstructural project alternatives, including nature-based
alternatives, and to consider more water-related hazards (e.g., erosion) and
changing hydrological conditions.
Bureau of Reclamation
Pursuant to the Reclamation Act of 1902, as amended,7 Reclamation is responsible for the
management and development, primarily for irrigation purposes, of many of the large federal
dams and water diversion structures in the 17 conterminous states west of the Mississippi River.
In addition to water supplies for agricultural and municipal users, Reclamation facilities provide
flood control, recreation, and fish and wildlife benefits in many parts of the West. Some
Reclamation facilities’ operations can be controversial due to their effects on habitat and species.

5 For more on the Corps Water Infrastructure Financing Program, see CRS Insight IN12021, Corps Water
Infrastructure Financing Program (CWIFP), by Nicole T. Carter.
6 For more on federal project planning guidance, see CRS In Focus IF10221, Principles, Requirements, and Guidelines
(PR&G) for Federal Investments in Water Resources, by Nicole T. Carter and Charles V. Stern.
7 32 Stat. 388 (43 U.S.C. §391).
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Reclamation’s annual budget ($1.9 billion in FY2023) has recently been supplemented with
historic funding amounts (see “Water Resource Development Funding and Oversight,” below).
Congress has authorized more than 180 individual Reclamation projects throughout the West. The
first projects, developed in the early 20th century, were single purpose and focused primarily on
irrigation development. Subsequent projects have been larger and more complex. Congress has
authorized Reclamation to operate these Reclamation projects for multiple purposes. Reclamation
projects such as the Central Valley Project (CVP), as well as projects and facilities in the
Colorado River Basin (e.g., Hoover and Glen Canyon Dams) and in the Pacific Northwest, have
large bases of interested users and stakeholders. Such projects regularly generate congressional
attention.
At Congress’s direction, Reclamation has been increasingly involved in western water projects
whose primary purpose is not reclaiming land for irrigation purposes. Some of Reclamation’s
newer authorities include financial support for water reuse and recycling projects (i.e., the Title
XVI Program); grants for water and energy conservation efforts (i.e., the WaterSMART Grants
program); and funding for rural water projects, ecosystem restoration, and water infrastructure
associated with congressionally authorized Indian water rights settlements. How to balance these
new priorities with the upkeep of existing federal projects and whether to facilitate new surface
water storage development—and, if so, how—are among the major water resource issues before
Congress. These questions are particularly significant given Reclamation’s nexus with state and
local water resource development.
Reclamation water project and management issues likely to receive attention in the 118th
Congress include the status of new and proposed surface water storage projects under Section
4007 of the Water Infrastructure Improvements for the Nation Act (P.L. 114-322) and whether to
extend and/or amend authority under that section.8 Another ongoing issue of congressional
interest involves Reclamation pumping operations in the San Francisco Bay/San Joaquin and
Sacramento Rivers’ Delta, including effects on water users and on threatened and endangered
species.9 The 118th Congress may oversee ongoing Central Valley Project operations and any
related proposals by the Biden Administration. Other river basins where Reclamation has a
prominent role in water management issues—including the Colorado River Basin,10 the Columbia
River Basin, and the Klamath River Basin, among others—also are likely to generate
congressional interest. In addition to geographically specific issues, Congress may consider
broader changes to and direction for Reclamation’s programmatic authorities, such as those
related to grant programs for ecosystem restoration and water efficiency.
U.S. Geological Survey
The USGS provides scientific information to the nation to mitigate risks from natural hazards and
to support the management of water, energy, mineral, ecosystem, and land resources.11 Initially
established under the Organic Act of 1879 (43 U.S.C. §31), the USGS is a scientific agency
within DOI. The USGS has conducted water resource science and surveys since 1888, and it

8 For additional information on these projects, see CRS In Focus IF10626, Reclamation Water Storage Projects:
Section 4007 of the Water Infrastructure Improvements for the Nation Act, by Charles V. Stern.
9 For additional information on Central Valley Project operations, see CRS Report R45342, Central Valley Project:
Issues and Legislation, by Charles V. Stern, Pervaze A. Sheikh, and Erin H. Ward.
10 See below section, “Spotlight: Colorado River Basin”.
11 U.S. Geological Survey (USGS), Budget Justifications and Performance Information Fiscal Year 2023 U.S.
Geological Survey, p. 1, at https://www.usgs.gov/bpi/usgs-fy2023-budget. Hereinafter USGS, FY2023 Budget.
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continues to do so through its Water Resources Mission Area (hereinafter referred to as Water
Resources).12
Water Resources covers scientific activities that involve collecting, assessing, and disseminating
hydrological data and analysis. It also provides information on water availability and use and
research on hydrological systems. Water Resources makes available to the public real-time water
monitoring data from approximately 19,200 groundwater wells; 11,350 streamgages; and 2,100
water quality sampling stations across the nation. These data are collected in partnership with
more than 1,400 federal, state, tribal, and local agencies.13 In addition, the USGS Water
Resources Research Act Program supports state and regional water science research and
workforce development at State Water Resources Research Institutes.14
Starting in 2018, Water Resources began targeted activities at selected Integrated Water Science
(IWS) basins—medium-sized watersheds (10,000-20,000 square miles) and underlying aquifers.15
At these basins, the USGS is using high-density monitoring and new research techniques through
the Next Generation Water Observing System (NGWOS) to inform advanced water-availability
models that are to be extrapolated to model water dynamics in larger regions represented by the
IWS basins. The USGS asserts that the new monitoring technology in these basins may lead to
the agency incorporating these advances into the routine operation of its monitoring networks. As
of February 2023, the USGS has initiated five IWS basins (see Figure 1 for the three basins
initiated prior to April 2021). Ultimately, it aims to establish 10 basins.

12 USGS, FY2023 Budget, p. 97. The Water Resources Mission Area is one of five mission areas in the USGS. USGS,
“Water Resources,” at https://www.usgs.gov/mission-areas/water-resources.
13 USGS, FY2023 Budget, p. 99.
14 Authorized by §104 of the Water Resources Research Act of 1984 (P.L. 98-242), as amended (42 U.S.C. §§10301 et
seq.). USGS, “Water Resources Research Act Program,” at https://water.usgs.gov/wrri/.
15 The USGS developed a regional framework to select basins from different hydrologic regions that collectively
represent a range of major drivers of the hydrologic cycle across the contiguous United States, with a particular focus
on human stressors of water resources. USGS, FY2023 Budget, p. 98.
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Figure 1. USGS Selected Integrated Water Science (IWS) Basins
(as of April 2021)

Source: U.S. Geological Survey (USGS), “Integrated Water Availability Assessments (IWAAs),” April 13, 2021,
at https://www.usgs.gov/mission-areas/water-resources/science/integrated-water-availability-assessments-iwaas.
Notes: White lines in the figure represent level-4 hydrologic unit boundaries of the USGS Watershed Boundary
Dataset. IWS basins may comprise one or more level-4 hydrologic units. The three IWS basins in the figure
include the Delaware River Basin (initiated in 2018), Upper Colorado River Basin (initiated in 2019), and Il inois
River Basin (initiated in 2021). The USGS announced the Wil amette River Basin in the Pacific Northwest as the
fourth IWS basin in March 2022, and the Trinity-San Jacinto River Basin in Texas as the fifth IWS basin in
February 2023.
The 118th Congress may consider the amount of funding it provides to the USGS for routine
operation of its monitoring networks as the agency pursues advances in monitoring technologies
and modeling. For example, recent funding levels for USGS streamgages, which inform local
decisionmaking and federal models and forecasts, have caused the USGS to discontinue some
monitoring and to rely increasingly on partners to cover cost increases.16 Conversely, Congress
has provided appropriations for new NGWOS and other IWS activities, which may have the
potential to transform water observation and information.17 The 118th Congress also may consider
the future of USGS water science activities through oversight of the agency’s IWS and related
initiatives or through legislation directing the USGS in carrying out its monitoring and modeling
activities.
National Oceanic and Atmospheric Administration
Congress has assigned NOAA, within the Department of Commerce, responsibilities for
atmospheric and oceanic observations, modeling, forecasting, warning systems, information
dissemination, and research. NOAA works independently and with other agencies to understand

16 See CRS Report R45695, U.S. Geological Survey (USGS) Streamgaging Network: Overview and Issues for
Congress, by Anna E. Normand.
17 For example, see Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on Appropriations,
Regarding H.R. 2617, Consolidated Appropriations Act, 2023, Congressional Record, daily edition, vol. 168
(December 20, 2022), pp. S8650-S8651, at https://www.congress.gov/117/crec/2022/12/20/168/198/CREC-2022-12-
20-bk2.pdf.
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atmospheric (e.g., precipitation) and oceanic (e.g., storm surge) phenomena, surface waters (e.g.,
rivers and lakes), and their interactions with land (e.g., drought). NOAA water resource activities
include collecting atmospheric and oceanic data; modeling the extent and depths of flood
inundation; monitoring and forecasting precipitation and drought, river levels, streamflows,
hurricanes, and storm surges; and predicting potential changes to future atmospheric and oceanic
conditions that affect the availability and quality of water resources, among other activities.
Some of these activities occur as part of NOAA’s National Water Center (NWC) and its National
Water Model (NWM).18 The NWM is a hydrological modeling framework for simulating
observed and forecasted streamflows in the continental United States, Hawaii, Puerto Rico, and
the U.S. Virgin Islands.19 In FY2023, the NWC plans to begin using NWM 3.0, which would
extend the model to its 50th state, Alaska.20 NOAA anticipates subsequent NWM efforts to include
pluvial (i.e., rainfall) flooding information. NOAA is also working on a next-generation
framework for hydrologic modeling. The framework will use common standards, which would
allow models from other agencies and entities to be operated directly within the framework.
The 117th Congress augmented NOAA’s water resource-related responsibilities, including by
directing the agency to work with federal and nonfederal stakeholders to improve the federal
collection and dissemination of precipitation estimates through the PRECIP Act (Division D of
P.L. 117-229). Congress also provided NOAA with supplemental appropriations in the
Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58) and P.L. 117-169, commonly known as
the Inflation Reduction Act (IRA), for research, forecasting, computing capacity, and equipment,
among other things. The 118th Congress may conduct oversight on NOAA’s progress in
implementing these new authorities and funding. Congress also may consider potential additional
directives regarding water resource-related observations, modeling, forecasting, and research.
Selected Crosscutting Topics
As previously mentioned, Congress has directed various federal agencies to conduct certain water
resource and water resource science activities. Some of the authorities and appropriations
provided to these agencies address crosscutting water resource and water science issues facing the
nation, such as infrastructure and technology improvements and their funding, drought
preparedness and response, and tribal needs, among others. The 118th Congress may consider
legislation, appropriations, and oversight to address a number of crosscutting topics, such as the
ones discussed below.
Water Resource Development Funding and Oversight
Congress provides funding for federal water resource development agencies through annual
appropriations acts and sometimes through supplemental appropriations acts. The majority of this
funding is for planning, constructing, operating, and maintaining federal water resource projects.

18 Information in this paragraph is derived primarily from personal communication between National Oceanic and
Atmospheric Administration (NOAA) staff and CRS on February 24, 2022.
19 The National Water Center also collaborates with academic institutions, commercial partners, and others to improve
the National Water Model (NWM). The NWM attempts to integrate multiple physical process (e.g., snowmelt and
infiltration) with other variables (e.g., elevation changes, soil and vegetation types) to derive hydrologic information at
a fine spatial and temporal scale (e.g., 1 square mile). NOAA, National Water Model: Improving NOAA’s Water
Prediction Services, August 2016, at https://water.noaa.gov/documents/wrn-national-water-model.pdf.
20 NOAA specifically sought in the NWM 3.0 capabilities to include compound coastal flooding—combined water
height from both riverine and coastal hazards from tides, surges, and waves.
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Some funding may be for other agency activities (e.g., grants administered by Reclamation, loans
through USACE’s CWIFP, research and development). In each of FY2022 and FY2023 annual
appropriations, USACE and Reclamation received $8.3 billion and $1.9 billion, respectively.21
Congress also provided these agencies with supplemental appropriations in these and previous
fiscal years (discussed below). For these agencies, annual appropriations generally funded
projects and activities at the Administration-requested level and then provided additional funding
to certain categories of projects and to specific projects and activities requested by Members of
Congress.22 In some cases, this additional funding was provided for projects and activities not
included in the budget request; in other cases, the additional funding provided funding above the
requested level for projects and activities.
In the annual appropriations process for the 117th Congress, Members of Congress were able to
request funding for specific USACE and Reclamation studies, projects, and certain activities as
Community Project Funding (CPF) in the House and as Congressional Directed Spending (CDS)
in the Senate. In total, the 117th Congress funded 343 CPF/CDS items for USACE, totaling
$1.6 billion, and 27 CPF/CDS items for Reclamation, totaling $112 million.23
The 118th Congress may consider whether to revise the process for requesting and evaluating
CPF/CDS requests. The 118th Congress also may consider how much funding to provide to water
resource development projects through the CPF/CDS process versus providing additional funding
to the agencies for certain categories of work that the agencies then allocate to projects in a work
plan. During the FY2024 and FY2025 annual appropriations processes, Congress also may
consider the level of funding to provide to these agencies and how many new studies and projects
to require the agencies to initiate. These considerations may take into account the amount of
funding provided by, and new studies and projects initiated through, recent supplemental
appropriations, as well as new authorizations enacted in the 117th Congress.
From FY2018 through FY2023, Congress provided supplemental appropriations for USACE and
Reclamation for disaster response and mitigation (e.g., drought, flood); study, construction,
maintenance, and repair of projects (e.g., dam safety construction in Figure 2); new authorities
that expand the agencies’ activities; and COVID-19 precautions, among other purposes.24 Table 2
details in nominal dollars supplemental appropriations based on the fiscal year when funds are
first available (in some cases, FY2024-FY2026). All of these funds are available until expended
except for Reclamation funds from the IRA, which are available through FY2026 or FY2031.25

21 Division D of P.L. 117-103 and Division D of P.L. 117-328.
22 CRS Report R47293, Energy and Water Development: FY2023 Appropriations, by Mark Holt and Anna E.
Normand.
23 See FY2022 and FY2023 lists for Energy and Water Development, and Related Agencies at House Committee on
Appropriations, “Transparency,” at https://democrats-appropriations.house.gov/transparency.
24 For CRS water resource products on these acts, see CRS In Focus IF11945, U.S. Army Corps of Engineers:
Supplemental Appropriations, by Nicole T. Carter and Anna E. Normand; CRS Insight IN11723, Infrastructure
Investment and Jobs Act (IIJA) Funding for U.S. Army Corps of Engineers (USACE) Civil Works: Policy Primer, by
Nicole T. Carter and Anna E. Normand; CRS Report R47032, Bureau of Reclamation Provisions in the Infrastructure
Investment and Jobs Act (P.L. 117-58), by Charles V. Stern and Anna E. Normand; and CRS Report R47262, Inflation
Reduction Act of 2022 (IRA): Provisions Related to Climate Change, coordinated by Jane A. Leggett and Jonathan L.
Ramseur.
25 §§50233 and 80004 of P.L. 117-169 appropriations are to remain available through FY2026. §§50231 and 50232 of
P.L. 117-169 appropriations are to remain available through FY2031.
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Figure 2. IIJA-Funded Bureau of Reclamation B. F. Sisk
Dam Safety Construction Project

Source: Reclamation Flickr website, B. F. Sisk Dam Safety Construction - November 1, 2022 (BIL Funded)
album, at https://www.flickr.com/photos/usbr/.
Notes: IIJA = Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58). Reclamation allocated $100 mil ion of
IIJA funding in FY2022 for its Safety of Dams Program to support the modification of the B. F. Sisk Dam.
Table 2. Enacted Supplemental Appropriations for USACE and Reclamation
(FY2018-FY2026 dollars in millions)
FY Funds First
Act
U.S. Army Corps
Bureau of
Available
of Engineers
Reclamation
FY2018
P.L. 115-123
$17,398
—
FY2019
P.L. 116-20
$3,258
$16
FY2020
—
—
—
FY2021
P.L. 116-136
$70
$21
FY2022
P.L. 117-43
$5,711
$210
P.L. 117-58
$14,969
$1,660
P.L. 117-169
—
$4,588
FY2023
P.L. 117-58
$1,080
$1,660
P.L. 117-328
$1,480

FY2024
P.L. 117-58
$1,050
$1,660
FY2025
P.L. 117-58
—
$1,660
FY2026
P.L. 117-58
—
$1,660
Source: CRS using public laws enacted in FY2018-FY2023.
Notes: Fiscal year shown is when funds are first available. All funds are available until expended except for
Reclamation funds from P.L. 117-169, which are available through FY2026 or FY2031.
Congress may conduct oversight on these agencies’ use of the appropriated funds. Potential
oversight issues include staff’s capacity to administer the awards, contracts, and procurements
required by the level of funding and authorizations provided and to perform project management
and oversight. For example, in December 2022, DOI described challenges related to increasing
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staffing at Reclamation to implement IIJA activities (e.g., hiring staff with necessary engineering
and hydrology expertise).26
Some in Congress have expressed concerns about USACE’s implementation of supplemental
appropriations. These concerns include continued challenges with execution, cost overruns, and
significant delays in completing projects funded under the Bipartisan Budget Act of 2018 (P.L.
115-123).27 Other concerns include USACE interpreting Disaster Relief Supplemental
Appropriations Act of 2022 (P.L. 117-43) provisions in a way that may require more cost sharing
by nonfederal sponsors than Congress intended.28
In addition, the 118th Congress may consider the following in regard to USACE and Reclamation
supplemental appropriations:
 The effects of inflation and cost overruns on what can be accomplished with
federal funding for water resource projects
 Whether nonfederal sponsors of water resource projects are capable of fulfilling
their cost-share responsibilities
 How effective these federal investments are at addressing the purposes for which
they were provided (e.g., navigation, flood risk reduction, drought mitigation,
repair and rehabilitation of aging infrastructure)
Federal Response to Drought29
Multiple federal agencies contribute to efforts to predict, plan for, and respond to drought. The
federal government, through agencies such as NOAA, the U.S. Department of Agriculture
(USDA), and the USGS, plays a key role in researching and monitoring drought through the
National Integrated Drought Information System (NIDIS) and the U.S. Drought Monitor. USDA
also distributes the primary federal financial aid intended to lessen the impacts of drought and
compensate for agricultural production loss after drought onset. Several agencies, including
Reclamation, USACE, and the U.S. Environmental Protection Agency (EPA), operate programs
that support nonfederal efforts to lessen demands on water supplies, such as those supporting
water conservation, water reuse and recycling, and increased water efficiency. Although not all of
these programs focus exclusively on drought, they often prioritize projects that lessen drought
impacts. In localities or watersheds with projects managed by Reclamation and/or USACE, the
federal role in water management can be especially controversial during times of drought. In
these areas, the federal government faces difficult decisions and tradeoffs in allocating limited
water supplies.
Questions remain about whether the existing suite of federal drought monitoring, planning, and
response authorities is adequate, given the nation’s current and predicted hydrological trends. As
noted, the 117th Congress enacted various pieces of legislation relevant to drought, such as

26 Testimony from Deputy Secretary of the U.S. Department of the Interior (DOI) the Honorable Tommy P. Beaudreau,
in U.S. Congress, Senate Committee on Energy and Natural Resources, Full Committee Hearing to Examine the
Department of the Interior’s Implementation of the Infrastructure Investment and Jobs Act, hearings, 117th Cong., 2nd
sess., December 13, 2022, at https://www.energy.senate.gov/hearings/2022/12/full-committee-oversight-hearing-to-
examine-the-department-of-the-interior-s-implementation-of-the-infrastructure-investment-and-jobs-act.
27 See Explanatory Statement accompanying Division D of P.L. 117-328, p. S8306, at https://www.congress.gov/117/
crec/2022/12/20/168/198/CREC-2022-12-20.pdf.
28 Ibid.
29 For more on federal drought authorities, see CRS Report R46911, Drought in the United States: Science, Policy, and
Selected Federal Authorities, coordinated by Charles V. Stern and Eva Lipiec.
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WRDA 2022 (Title LXXXI, Division H, of P.L. 117-263) and the IRA (see an example of such
funding in the following section, “Spotlight: Colorado River Basin”). The 117th Congress also
considered, but did not enact, several pieces of drought-related legislation that may be
reintroduced in the 118th Congress. Some of these bills would have directed several federal
departments to work together on aspects of water data and management that could affect drought
preparedness and response (e.g., H.R. 5118). Other proposed bills would have directed NOAA to
report on the impacts of droughts, among other phenomena, on Great Lakes, ocean, and coastal
ecosystems (e.g., H.R. 3764). Other proposals aimed to authorize multiple interrelated efforts
with the overall goal of increasing drought resiliency. Proposed drought resiliency efforts in the
118th Congress may include new Reclamation funding for storage, water reuse and recycling, and
desalination, as well as investments in improved technology and data.
Spotlight: Colorado River Basin
Severe drought in the Colorado River Basin may continue to receive attention in the 118th
Congress. A long-term drought dating to 2000 has exacerbated the basin’s water supply-demand
imbalance, resulting in major reductions in the water stored at Lake Mead and Lake Powell, two
of the country’s largest reservoirs (see Figure 3). These trends have received widespread
attention because of the prominent role basin waters and energy play for numerous agricultural
and municipal customers throughout the Southwest.30
Figure 3. Lake Mead Water Levels in August 2022

Source: Reclamation Flickr website, Hoover Dam and Lake Mead Drought Photos album, at
https://www.flickr.com/photos/usbr/.
DOI, through Reclamation, has a prominent role in managing Colorado River Basin waters, and
the federal government has led multiple efforts to improve the basin’s water supply outlook. Most
recently, such efforts resulted in the 2019 drought contingency plans (DCPs) for the Upper and
Lower Colorado River Basins,31 which Congress authorized in the Colorado River Drought

30 For additional information on drought in the Colorado River Basin, see CRS Report R45546, Management of the
Colorado River: Water Allocations, Drought, and the Federal Role, by Charles V. Stern and Pervaze A. Sheikh; and
CRS Insight IN11982, Responding to Drought in the Colorado River Basin: Federal and State Efforts, by Charles V.
Stern.
31 Under the Colorado River Compact of 1922, the dividing line between the Upper and Lower Colorado River Basins
is Lee Ferry, AZ (i.e., Northern Arizona).
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Contingency Plan Authorization Act (P.L. 116-14). The DCPs required reduced Lower Basin
water deliveries tied to specified storage levels at Lake Mead, committed Reclamation to
additional water conservation efforts, and outlined options to coordinate Upper Basin operations
to enhance Lake Powell storage levels and prevent the loss of hydropower generation.
The hydrologic outlook for the Colorado River Basin has further deteriorated since the DCPs’
passage, and there remains widespread concern about the basin’s long-term water availability. On
June 14, 2022, Reclamation called for basin states to commit to conserving an additional 2
million to 4 million acre-feet of water in 2023 and 2024. 32 When these commitments failed to
materialize, Reclamation initiated a separate process in November 2022 to revise its current
operational guidelines for 2023 and 2024.33 This process could lead to additional major water
delivery curtailments.
Congress has enacted authorizations and funding to support efforts to shore up Colorado River
Basin water supplies. In Section 50233 of the IRA, for example, Congress provided
approximately $4.0 billion for drought mitigation in the West (with priority given to Colorado
River Basin activities). Reclamation is using some of this funding to pay water users to forgo
deliveries in 2023 and 2024.34 The 118th Congress may conduct oversight of and provide direction
for these and other basin water conservation efforts. It also may consider whether other aid or
authority may be necessary to mitigate drought in the basin.
Science and Technology for Water Management
Federal and nonfederal water managers generally use available information on water conditions,
weather, and climate to inform water resource management decisions in the short and long terms
(e.g., infrastructure design and investment decisions, the release of water to support navigation
flows). These data may include estimates of the quantity of water stored behind dams, in aquifers,
and in snowpacks; streamflows; aquifer storage and recharge characteristics; forecasts about
when, where, and how much precipitation may occur; and long-term projections for precipitation,
temperature, droughts, and floods with a warming climate. Water managers also may incorporate
modeled changes of societal and ecological water demands, including under a warming climate,
in their efforts to prepare water resource infrastructure and communities for the future. The
quality, accessibility, and extent of available data may affect water management decisions,
operating efficiencies of existing infrastructure, and the planning and designing of new water
infrastructure. The 118th Congress may support advances in science and technology as part of the
nation’s efforts to inform responses to local, regional, and national water resource challenges.
Congress may consider improving the science and technology informing water management
decisions. Federal agencies such as the USGS, NOAA, and NASA are pursuing advancements in
observation technologies, such as new and existing satellite-based platforms, ultrasound sensors
and radars, and autonomous in situ measurements, among others.35 The 118th Congress may be

32 Statement of Bureau of Reclamation Commissioner the Honorable Camille Touton, in U.S. Congress, Senate
Committee on Energy and Natural Resources, Short And Long Term Solutions to Extreme Drought in the Western U.S.,
hearings, 117th Cong., 2nd sess., June 14, 2022.
33 For more information, see Bureau of Reclamation, “Supplemental Environmental Impact Statement for Near-Term
Colorado River Operations,” at https://www.usbr.gov/ColoradoRiverBasin/SEIS.html.
34 For more information, see Bureau of Reclamation, “Lower Colorado River Basin System Conservation and
Efficiency Program,” at https://www.usbr.gov/lc/LCBConservation.html.
35 National Academies of Sciences, Engineering, and Medicine, Future Water Priorities for the Nation: Directions for
the U.S. Geological Survey Water Mission Area (Washington, DC: The National Academies Press, 2018), at
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interested in using these technologies to improve estimates of water availability and quality and
understanding of snow and soil moisture dynamics. For example, the USGS is conducting
regional Integrated Water Availability Assessments at IWS basins to inform future periodic
national water availability assessments.36 Congress, federal agencies, and other water
stakeholders may evaluate investing in new sensors, in situ network expansions, or other
technologies. They also may consider interagency efforts to integrate the observed information
with both remotely collected data and tools for forecasting and modeling. Related water resource
topics that may be of interest during the 118th Congress include the following:
 NOAA’s implementation of the 2020 Precipitation Prediction Grand Challenge
Strategy from the NOAA Weather, Water, and Climate Board, which
recommended improvements to precipitation prediction systems, observations,
and modeling37
 Whether—and, if so, how—Congress wants to legislate or direct the federal
agencies to act on the monitoring network recommendations in the 2021 A
Strategy for the National Coordinated Soil Moisture Monitoring Network report
prepared by the National Coordinated Soil Moisture Monitoring Network for
NIDIS38
 Whether a long-term strategy for snowpack information investments and
coordination of research is needed, in light of work underway by the USDA (see
Figure 4 for an example USDA Snow Telemetry network station), USGS,
NOAA, NASA, USACE, Reclamation, state and local entities, researchers, and
private entities

https://doi.org/10.17226/25134.
36 USGS, “Integrated Water Availability Assessments,” at https://www.usgs.gov/mission-areas/water-resources/
science/integrated-water-availability-assessments-iwaas.
37 NOAA Weather, Water, and Climate Board, Precipitation Prediction Grand Challenge Strategy, October 2020, at
https://www.noaa.gov/sites/default/files/2022-01/PPGC-Strategy_FINAL_2020-1030.pdf. Extreme precipitation
events, such as the multiple atmospheric rivers (ARs) that came ashore on the West Coast in December 2022 and
January 2023, may draw attention to existing and future federal activities on the topic. ARs are a flowing corridor of
concentrated water vapor in the atmosphere. Improvements in forecasting ARs, especially large ARs, may be
particularly helpful in preparing for flooding, as well as in understanding some droughts.
38 National Integrated Drought Information System, A Strategy for the National Coordinated Soil Moisture Monitoring
Network, May 2021, at https://www.drought.gov/sites/default/files/2021-06/NCSMMN-Strategy-Final-May-2021.pdf.
Soil moisture is important for understanding water, energy, and carbon cycles. Soil moisture monitoring is a component
of efforts to monitor and predict drought and flood conditions and to inform water resource management in snow-
dominated and rainfall-dominated watersheds, with significance for agricultural and forestry planning and fire danger.
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Figure 4. USDA Snow Telemetry (SNOTEL) Network Station

Source: U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS),
“Automated Snow Monitoring,” at https://www.nrcs.usda.gov/wps/portal/wcc/home/aboutUs/
monitoringPrograms/automatedSnowMonitoring/.
Notes: USDA’s SNOTEL network includes over 900 automated data col ection stations located in remote, high-
elevation mountain watersheds in the western U.S. SNOTEL network stations monitor snowpack, precipitation,
temperature, and other climatic conditions.
Congress also may consider the ways in which these agencies share and use water data across the
federal government and with nonfederal stakeholders. For example, Congress provided funding to
the USGS to build a new Hydrologic Instrumentation Facility near the NWC. According to the
USGS, this facility is to house a new Network Operations Center to improve real-time data
distribution and serve as a primary interface to other federal water agencies.39 Federal agencies
also are modernizing some information platforms and increasingly hosting data through cloud
computing, which can add value to users by allowing them to analyze data and construct models
through the cloud network.40 However, the various dashboards that federal agencies use (e.g., the
USGS National Water Dashboard, NOAA’s NWC products, NASA’s anticipated Earth Observing
Dashboard)41 are not explicitly coordinated to provide one definitive source for federal water
information. The 118th Congress may consider directing federal agencies to improve information
coordination and dissemination. Topics for consideration could include whether a congressionally

39 USGS, “USGS Partners with UA to Build a Hydrologic Instrumentation Facility,” January 20, 2022, at
https://www.usgs.gov/news/national-news-release/usgs-partners-ua-build-hydrologic-instrumentation-facility.
40 For example, the NOAA Big Data Program was created to explore the potential benefits of storing copies of key
observations and model outputs in the cloud to allow computing directly on the data without requiring further
distribution. NOAA, “Big Data Program,” at https://www.noaa.gov/organization/information-technology/big-data-
program.
41 USGS, “National Water Dashboard,” at https://dashboard.waterdata.usgs.gov/app/nwd/en/; NOAA, National
Weather Service, “National Water Center Products and Services, Operational and Experimental,” at
https://www.weather.gov/owp/operations; National Aeronautics and Space Administration, “Earth Observing
Dashboard,” at https://eodashboard.org/explore.
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authorized body should lead the coordination of federal water information,42 whether to assess
current approaches and possible alternatives to support nonfederal water data acquisition that
complements and enhances federal data, and how best to provide water data to users, such as
nonfederal water managers.
Expansion of Water Supplies
Some states and communities have invested in or are looking into alternative water supplies (e.g.,
wastewater reuse and recycling, desalination, and aquifer recharge and management), water banks
and markets for water transfers, and/or ways to reduce water demand. These investments may be
motivated by recent or anticipated droughts and reductions in traditional water supplies, as well
as by plans for meeting increasing water demand in some locations. Some of these investments
are made with federal funding or credit assistance. Examples of such assistance include EPA’s
Water Infrastructure Finance and Innovation Act (WIFIA) program, which promotes development
of and private investment in water infrastructure projects by providing federal credit assistance in
the form of secured or direct loans for a range of water infrastructure projects. WIFIA-eligible
projects include desalination; aquifer recharge or development of alternative water supplies to
reduce aquifer depletion; water recycling and reuse; and mitigation, prevention, or reduction of
the effects of drought.43
Reclamation’s WaterSMART programs constitute another example of such assistance. As
previously noted, these programs support alternative water supplies, increased efficiency, and/or
water resource conservation. For example, the Title XVI Program provides cost-shared financial
assistance for authorized nonfederal studies and construction projects that provide supplemental
water supplies by recycling or reusing agricultural drainage water, wastewater, brackish surface
and groundwater, and other sources of contaminated water. Another WaterSMART program is
Reclamation’s Desalination Program, which promotes alternative water supplies by supporting
nonfederal desalination construction projects for ocean or brackish water.
Congress also has provided agencies with new authorities related to groundwater recharge. For
example, Congress has expanded USACE’s authorities to evaluate and implement projects for
water supply and conservation purposes and to engage in aquifer recharge projects.44 In addition,
Congress has added new authority for Reclamation to support nonfederal groundwater recharge
projects.45 Actions on these authorities are generally subject to the availability of discretionary

42 In the 117th Congress, legislative proposals to coordinate water data included H.R. 7792, H.R. 5118, and S. 4236.
43 For more information see CRS In Focus IF11193, WIFIA Program: Background and Recent Developments, by Elena
H. Humphreys.
44 In 2016, in §1116 of P.L. 114-322, Congress authorized USACE to consider water conservation (including
downstream aquifer recharge opportunities) as part of its updates to operating manuals for certain projects. For a
discussion of this and other groundwater-related authorities and activities, see CRS Report R45259, The Federal Role
in Groundwater Supply, by Peter Folger et al. In 2020, in §155 of Division AA of P.L. 116-260, Congress authorized
USACE to carry out certain water storage projects, including for water supply and water conservation. In 2022, in
§8106 of Division H, Title LXXXI, of P.L. 117-263, Congress provided USACE with additional authorities to study
water supply and water conservation activities as part of its feasibility studies for new or modified water resource
projects. In §8108 of P.L. 117-263, Congress also authorized the Secretary of the Army to (1) conduct a national
assessment of carrying out managed aquifer recharge projects at authorized water resource development projects and
(2) assess and identify opportunities to support nonfederal interests in carrying out managed recharge projects. Also in
§8108, Congress authorized USACE to perform up to 10 feasibility studies (at 90% federal cost and 10% nonfederal
cost) on managed aquifer recharge projects in drought-prone or water-scarce areas.
45 In §40910 of P.L. 117-58, Congress authorized the Secretary of the Interior to provide technical or financial
assistance for, participate in, and enter into agreements—including agreements with irrigation entities—for
groundwater recharge, aquifer storage and recovery projects, and water source substitution for aquifer protection
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appropriations. The 118th Congress may assess how agencies are implementing these authorities
and may consider whether it wants to support other means of financial assistance for expanding
water supplies.
In addition to the above financial assistance, numerous federal entities support research and
development of technologies that may improve the performance and cost competitiveness of
alternative water supply treatments and associated technologies and infrastructure. For example,
Reclamation, the Department of Energy, the U.S. Navy, and other federal entities perform or
support desalination-related research and development. The 118th Congress may consider both the
authorizations and the appropriations for these and other programs, as well as the regulatory
environment that shapes how alternative water supply technologies are deployed (e.g.,
requirements for brine disposal from desalination and some reuse projects).
Recent Congresses have supported expanding water supplies by changing dam operation (both
federal dams and nonfederal dams with federal engagement in their flood control operations).
Specifically, pilot projects involving numerous federal and state agencies and academic
researchers have demonstrated the viability of USACE and Reclamation dam operators that are
informed by weather and water forecasts (e.g., two-week precipitation estimates); these pilots
demonstrated enhanced water supply storage in drier periods. This reservoir management
approach is referred to as forecast-informed reservoir operations (FIRO). A July 2022
memorandum by the Assistant Secretary of the Army for Civil Works states, “FIRO and related
initiatives are among the most cost-effective ways to increase water availability in drought-
impacted regions. In some cases, water availability may be significantly increased on an annual
basis for less than 5% of the cost of new infrastructure investments on a dollar per acre-foot
basis.”46
How widely and quickly benefits of FIRO may assist in drought preparedness through expanded
water supplies remains an area of active interest and ongoing research. Pursuant to congressional
direction, USACE is producing a report that identifies additional opportunities for applying FIRO
across the United States.47 The 118th Congress may continue oversight of the opportunities and
limitations of FIRO as it deliberates on authorization and appropriations legislation related to
water resource science and infrastructure.
Aquatic Ecosystem Restoration and Natural and Nature-Based
Infrastructure
Congressional interest in aquatic ecosystem restoration has focused on federal activities for
ecosystems in certain geographic regions, such as the Platte River, Chesapeake Bay, and Great
Lakes; federal restoration initiatives such as the Comprehensive Everglades Restoration Program;
and federal programs that address specific issues, such as fish passage. Congress has passed laws
authorizing, and providing the structure, purpose, and governance of, restoration activities,
initiatives, and programs and has provided appropriations for their implementation. The 117th
Congress appropriated funding for aquatic ecosystem restoration for existing, ongoing restoration
activities as well as new activities to be implemented by federal agencies and their partners. For

projects. This authority is in addition to several existing authorities for Reclamation to support groundwater recharge
projects.
46 Assistant Secretary of the Army (Civil Works), “Army Civil Works Supporting Drought Resilience in America’s
Communities,” memorandum, July 28, 2022.
47 Ibid.
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example, Congress enacted numerous aquatic ecosystem restoration-related provisions in the IIJA
and IRA, in addition to other legislation.48 Many of the ecosystem-related provisions in the IIJA
and IRA appropriated funding that supplemented and surpassed recent annual appropriations for
federal restoration activities, initiatives, and programs.49 Some provisions authorized and funded
new restoration activities.
The 118th Congress may consider oversight of the various departments’ (e.g., DOI) and agencies’
(e.g., EPA, USACE) implementations of the new authorizations and increased funding for aquatic
ecosystem restoration provided in the 117th Congress. Congress may consider oversight of several
issues, summarized below.
 How ecosystem restoration programs and activities authorized and funded by
supplemental appropriations in the IIJA and IRA are being coordinated with
existing, ongoing restoration efforts and whether activities are being
implemented under broad, cross-agency plans or strategies intended to restore
aquatic ecosystems
 What appropriations are needed for aquatic ecosystem restoration initiatives,
programs, and activities in the 118th Congress, considering supplemental funds
received in the 117th Congress
 The progress of restoration, project implementation, and effectiveness of
restoration activities authorized and funded under the IIJA, IRA, and other
legislation, as well as how agencies are to effectively monitor implementation
and measure the performance of restoration
 Whether to organize the multiple ecosystem restoration initiatives and activities
in the United States through an overarching national strategy or plan
In some cases, stakeholders implement natural or nature-based features (NNBFs) as part of
ecosystem restoration activities or as part of other types of water resource projects, such as
coastal and riverine flood control projects. NNBFs can take various forms, including wetlands,
such as salt marshes and certain submerged aquatic vegetation; oyster, mussel, and coral reef
habitats; and maritime forests/shrubs. They also can combine these natural features with
engineered components, such as rock gabions (i.e., a basket or other container filled with rocks or
other hard materials), stone toes (i.e., stones placed on the lower portion of an eroding
streambank), and concrete reef balls (shown in Figure 5, along with other NNBFs). Some laws
refer to NNBFs and other terms to describe features or infrastructure that use or mimic natural
processes to accomplish certain goals that benefit humans, such as flood risk reduction, erosion
management, and drought resilience.
The concept of NNBFs appears in both authorization and funding provisions. For example, the
IIJA and IRA include provisions that direct NOAA to use funds to support multiple NNBF-related
goals; the IIJA directs NOAA to construct or protect ecological features that protect coastal
communities from flooding or coastal storms; and the IRA directs NOAA to pursue projects that
support natural resources that sustain coastal and marine resource-dependent communities.50

48 For more information, see CRS Report R47263, Ecosystem Restoration in the Infrastructure Investment and Jobs
Act: Overview and Issues for Congress, coordinated by Anna E. Normand and Pervaze A. Sheikh.
49 Ibid.; see Table 1, “Ecosystem Restoration Activity Provisions in the IIJA,” and shaded box, “Inflation Reduction
Act of 2022.”
50 Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58), Division J, Title II, provision (2) under the National
Oceanic and Atmospheric Administration, Operations, Research, and Facilities section; and IRA, Title IV, §40001.
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Further, the Biden Administration released an NNBF-related roadmap in November 2022, stating
that the U.S. Global Change Research Program is developing a product to synthesize what is
known about the effectiveness of nature-based solutions (expected publication in 2024).51
Figure 5. Illustration of Coastal Natural and Nature-Based Features

Source: U.S. Army Corps of Engineers, Engineering with Nature, “Natural and Nature-Based Features,” at
https://ewn.el.erdc.dren.mil/nnbf.html.
The 118th Congress may consider whether to address issues associated with NNBFs. Such issues
may include knowledge gaps in measuring the performance of NNBFs; federal agencies’
estimation of or accounting for NNBFs’ benefits, costs, and performance; and the effectiveness of
NNBFs in addressing issues usually addressed by non-nature based activities.
Tribal Water Resources
Congress regulates tribal affairs pursuant to its constitutional authority.52 The Bureau of Indian
Affairs (BIA), in DOI, is responsible for the administration and management of 56 million
surface acres and 59 million acres of subsurface mineral estate held in trust by the United States
for Indian tribes and individual tribal members.53 In addition, the federal government has a
general federal trust responsibility to protect tribal treaty rights, lands, assets, and water resources
on behalf of tribes and tribal members.
BIA is responsible for upholding the federal trust responsibility to maintain water resources for
tribes. When the Snyder Act of 1921 authorized BIA to operate programs and spend federal

51 White House, Opportunities to Accelerate Nature-Based Solutions: A Roadmap for Climate Progress, Thriving
Nature, Equity, & Prosperity—A Report to the National Climate Task Force, November 2022. For more about the
terminology used to describe natural and nature-based features, including nature-based solutions, see CRS Report
R46145, Nature-Based Infrastructure: NOAA’s Role, by Eva Lipiec.
52 United States v. Lara, (541 U.S. 193), 200 (2004) (Indian commerce and treaty clauses and structure of Constitution
are the basis for “plenary and exclusive” power of Congress); see also Nell Jessup Newton, ed., Cohen’s Handbook of
Federal Indian Law, 2019, §5.01.
53 Bureau of Indian Affairs (BIA), Budget Justifications and Performance Information, Fiscal Year 2023, p. 91, at
https://www.doi.gov/sites/doi.gov/files/fy2023-bia-greenbook.pdf.
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funds for the benefit and assistance of Indians throughout the United States,54 it specifically
directed BIA to operate and spend funds for the extension, improvement, operation, and
maintenance of existing tribal irrigation systems, as well as providing for the development of
tribal water supplies.55 BIA’s Water Resources Program helps tribes protect and manage tribal
water resources.56 BIA performs technical studies to help tribes gather hydrology data and
develop best practices for water use.57 In addition, BIA helps tribes create drought management
plans that include water conservation techniques, and undertake projects to support Indian water
rights.58
In addition, since the late 1800s, DOI has provided irrigation for tribal lands through the Indian
Irrigation Service.59 Most Indian irrigation construction activities ended in the 1940s, when the
Indian Irrigation Service ceased to exist, and DOI transferred project operation and maintenance
to BIA.60 BIA currently has 15 irrigation projects across 780,000 acres in 10 western states,
mostly on Indian reservations. These projects serve 25,000 tribal and non-tribal water users.61 The
federal government is also responsible for operating and maintaining all dams on Indian lands, in
accordance with the Indian Dams Safety Act of 1994, as amended (25 U.S.C. §§3801 et seq.).62 In
addition to these programs, Congress has authorized and funded Indian water rights settlements
with individual tribes in specific locations.63 Reclamation or BIA funds and/or administers many
of these settlements.64
The 118th Congress may continue to express interest in tribal water resource issues, including
through legislation and oversight of BIA’s water resources, irrigation, and dam programs and

54 25 U.S.C. §13.
55 Ibid.
56 DOI, The United States Department of the Interior Budget Justifications and Performance Information for Fiscal
Year 2023—Bureau of Indian Affairs, pp. 99 and 122, at https://www.bia.gov/sites/default/files/dup/inline-files/fy2023-
bia-greenbook_0.pdf.
57 Ibid.
58 Ibid.
59 U.S. Congress, Senate Committee on Indian Affairs, The Irrigation Rehabilitation and Renovation for Indian Tribal
Governments and Their Economies Act (The Irrigate Act), report to accompany S. 438, 114th Cong., 2nd sess., S.Rept.
114-245, April 27, 2016, p 2 (hereinafter S.Rept. 114-245). See also Statement of Principal Deputy Assistant Secretary,
Indian Affairs of the U.S. Department of the Interior, Larry Roberts in U.S. Congress, Senate Committee on Indian
Affairs, Irrigation Projects in Indian Country, hearings, 113th Cong., 2nd sess., September 10, 2014, at
https://www.govinfo.gov/content/pkg/CHRG-113shrg91750/html/CHRG-113shrg91750.htm (hereinafter S.Hrg. 113-
505). For more on the federal policy of encouraging tribal farmers, see An Act to Provide for the Allotment of Lands in
Severalty to Indians on the Various Reservations (General Allotment Act or Dawes Act), Statutes at Large 24, 388-91.
60 S.Rept. 114-245, p 2. See also S.Hrg. 113-505.
61 Ibid. and DOI, 2021 United States Department of the Interior Annual Report on Dam Safety Program, p. 8, 2022
(hereinafter DOI, 2021 Safety Report).
62 Tribes are also able to operate and maintain dams on tribal lands under the Indian Self-Determination and Education
Assistance Act (P.L. 93-638, as amended). Under ISDEAA, tribes can request the authority to conduct certain
activities that otherwise would be conducted by some federal agencies. See also CRS Report R45981, Dam
Safety Overview and the Federal Role, by Anna E. Normand.
63 In the federal context, Indian water rights settlements generally refer to agreements involving tribes, the federal
government, and other entities that allow tribes to quantify their water rights on paper, while also procuring access to
water through infrastructure and other related expenses. For more information, see CRS Report R44148, Indian Water
Rights Settlements, by Charles V. Stern.
64 See DOI, FY2022 Allocation of Funding for Indian Water Rights Settlements, at https://www.doi.gov/sites/doi.gov/
files/fy-2022-bil-iwrs-allocations.pdf.
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funding for these programs. Congress also may consider authorization, funding, and oversight
efforts for various other related water resource activities (e.g., implementation of ongoing Indian
water rights settlements), as well as any issues related to the implementation and oversight of
recent additional funding legislation, such as that provided in the IIJA.65
In addition to oversight and funding of ongoing tribal water resources activities, Congress may
consider proposals to increase tribal participation in water infrastructure financial assistance
programs. Tribal representatives have asserted that the high cost-share requirements of several
tribal water infrastructure programs create a barrier to entry.66 The 118th Congress may consider
altering the cost-share requirements for tribes for water resources grant programs such as
Reclamation’s WaterSMART program.67 The 118th Congress also may consider new Indian water
rights settlements for individual tribes, some of which have been introduced but not enacted. In
addition, Congress may consider the related issue of extending mandatory funding mechanisms
for existing settlements (e.g., the Reclamation Water Settlements Fund) and/or authorizing such
mechanisms for newly enacted settlements.68

Author Information

Anna E. Normand
Eva Lipiec
Analyst in Natural Resources Policy
Analyst in Natural Resources Policy

Nicole T. Carter
Mariel J. Murray
Specialist in Natural Resources Policy
Specialist in Natural Resources Policy

Charles V. Stern
Pervaze A. Sheikh
Specialist in Natural Resources Policy
Specialist in Natural Resources Policy

65 The IIJA provided $250 million over five years for BIA’s Construction account, including at least $50 million to
address irrigation and power systems and $200 million to address safety of dams, water sanitation, and other facilities.
66 U.S. Congress, House Committee on Transportation and Infrastructure, Subcommittee on Water Resources and
Environment, Proposals for a Water Resources Development Act of 2022: Stakeholder Priorities, 117th Cong., 2nd
sess., February 8, 2022, Testimony of Chairman Peter Yucopicio, Pascua Yaqui Tribe, pp. 3-4 at
https://docs.house.gov/meetings/PW/PW02/20220208/114380/HHRG-117-PW02-Wstate-YucupicioP-20220208.pdf.
67 For example, Congress has provided full federal funding for some USACE projects conducted under its Tribal
Partnership Program (33 U.S.C. §2269).
68 In its FY2023 budget, BIA expressed an interest in working with Congress to provide a mandatory funding source
for future settlements “to support the funding stability.” DOI, Fiscal Year 2023 Budget in Brief, p. 5, at
https://www.doi.gov/sites/doi.gov/files/fy2023-bib-bia-508.pdf.
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
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