April 19, 2019
Army Corps of Engineers: Environmental Infrastructure
Assistance
The U.S. Army Corps of Engineers (USACE) undertakes
water resources development projects pursuant to
authorizing statutes and the receipt of appropriations.
Traditional USACE projects for navigation, flood control,
and ecosystem restoration are authorized in omnibus
authorization bills titled Water Resource and Development
Acts (WRDAs). Since 1992, Congress also has authorized
and provided for USACE assistance with planning, design,
and construction of municipal drinking water and
wastewater infrastructure projects in designated
communities, counties, and states. This assistance supports
nonfederally owned and operated facilities, such as
distribution and collection works, stormwater collection and
recycled water distribution, and surface water protection
and development projects. This USACE assistance is
broadly labeled environmental infrastructure (EI).
Section 219 of WRDA 1992 (P.L. 102-580), as amended,
includes various EI assistance authorizations for specific
geographic locations (e.g., city, county, multiple counties)
and types of projects (e.g., municipal drinking water, storm-
water control). Other WRDAs and some Energy and Water
Development Appropriations acts also have enacted EI
authorities. No Administration has ever requested
authorization or appropriations for USACE to perform EI
assistance. Based on a review of enacted legislation likely
to include EI assistance authorities, the Congressional
Research Service (CRS) identified authorized EI assistance
in at least 44 states, the District of Columbia, Puerto Rico,
U.S. Virgin Islands, and the Northern Mariana Islands. CRS
did not identify through the review authorities for EI
assistance in Delaware, Hawaii, Maine, Nebraska,
Vermont, Washington, and other U.S. territories.
USACE Assistance
Because EI assistance projects are not traditional USACE
water resource projects, they are not subject to the USACE
planning process (e.g., a feasibility study is not performed);
however, EI assistance is subject to federal laws, such as
the National Environmental Policy Act (NEPA). An
activity’s eligibility for assistance is evaluated by
identifying whether there is an EI authorization for the
geographic area of the project, and whether the type of
activity is eligible under the EI authorization.
The nature of USACE’s involvement and nonfederal cost
share vary according to the specifics of the authorization.
Although most USACE EI assistance requires cost sharing
at 75% federal and 25% nonfederal, some of the assistance
authorities are for 65% federal and 35% nonfederal. The
nonfederal sponsor is the owner of constructed facilities and
is responsible for 100% of operations and maintenance.
USACE may perform the authorized design or construction
work, and often can use appropriated funds to reimburse
nonfederal sponsors for work the sponsors perform, subject
to the availability of appropriations.
Authorizing EI Assistance
Since 1992, Congress has authorized USACE to contribute
EI assistance to more than 350 projects and programs, with
cumulative authorizations of appropriations totaling more
than $5 billion. The authorizations of appropriations for
these activities vary widely from $100,000 for one water
monitoring station to $435 million for a five-state program.
Congress authorized USACE to assist with EI projects
beginning with WRDA 1992 (P.L. 102-580): Section 219
authorized design assistance for 18 projects (referred to as
Section 219 authorities), and six other sections authorized
design and construction assistance for EI assistance projects
and programs in select geographic areas (e.g., southern
West Virginia). WRDA 1996 (P.L. 104-303) added
construction assistance to the Section 219 EI authorities.
Subsequent USACE authorization and appropriation bills
included authorizations for new EI assistance projects (e.g.,
WRDA 2007 [P.L. 110-114] added over 200 projects) and
raised the authorized funding ceilings for previously
authorized EI assistance.
Authority Modifications and Deauthorizations
Recent congressional authorization of EI assistance projects
has been limited to a number of factors including policies
restricting congressionally directed spending (earmarking).
Modifications to an existing EI authorization may provide
an avenue to expand the location, amend eligible projects
types, and adjust the authorization of appropriations.
Section 7001 of WRDA 2014 (P.L. 113-121) requires
USACE to annually submit a report to Congress identifying
study and project authorizations and modifications
proposed by nonfederal interests that meet certain criteria.
Congress may consider these proposals as part of WRDA
deliberations. In WRDA 2016 (P.L. 114-322), Congress
expanded Section 7001 of WRDA 2014 to allow nonfederal
entities to propose modifications to existing Section 219
authorities for EI assistance. WRDA 2018 (P.L. 115-270)
further expanded Section 7001 of WRDA 2014 to allow for
all EI assistance authorizations to be eligible for
modification proposals. Prior to enactment of WRDA 2014,
EI assistance projects were not considered as part of
USACE deauthorization processes. WRDAs 2014, 2016,
and 2018 enacted new deauthorization processes that may
include EI authorities. For more on the deauthorization and
Section 7001 processes, see CRS Report R45185, Army
Corps of Engineers: Water Resource Authorization and
Project Delivery Processes.
