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1 1 (September 30, 2019)

handle is hein.crs/govbbey0001 and id is 1 raw text is: I Congressional Research Service ~Info rming he Vegislative debate since 1914 September 30, 2019 Water Resources Development Act: Primer The Water Resources Development Act (WRDA) is the typical title that Congress uses for omnibus legislation for authorizing U.S. Army Corps of Engineers (USACE) civil works activities and directing the agency's practices. WRDAs are distinguished from each other by referencing the year of enactment (e.g., WRDA 1986). WRDA provisions generally add to or amend the pool of existing USACE authorizations, with a few provisions reauthorizing time-limited USACE programs and some provisions that are intended to deauthorize inactive unconstructed projects. The majority of USACE authorizations do not expire. Most USACE water resource projects require two types of congressional authorization: one for studying feasibility and a subsequent one for construction. Drivers for enactment of a new WRDA typically include nonfederal and congressional interest in new studies and new construction projects and support for adjustments to existing projects, programmatic authorities, and policies. WRDA 1986 (P.L. 99-662) marked the end of a decade- long stalemate between Congress and the executive branch on cost sharing, user fees, and environmental requirements for USACE projects. Since WRDA 1986, Congress often has considered WRDA legislation on a biennial cycle; the timing of enactment of WRDAs, however, has varied. The most recent stand-alone WRDAs were enacted in 2000, 2007, and 2014. WRDA 2016 (Title I of P.L. 114-322, Water Infrastructure Improvements for the Nation Act, WIIN) and WRDA 2018 (Title I of P.L. 115-270, America's Water Infrastructure Act of 2018, AWIA 2018) were enacted as titles in broader water bills. WIIN and AWIA 2018 authorized water-related programs and activities of not only USACE but also other federal agencies. Congress and USACE Activities USACE's civil works activities are focused on three primary purposes: improving navigation, reducing flood risk, and restoring aquatic ecosystems. Many USACE projects are multipurpose-that is, they may provide water supply storage, recreation, and hydropower in addition to one or more of the three primary purposes. Unlike with many other federal infrastructure programs that distribute funds by formula to states or through competitive grant programs, USACE is directly engaged in the planning and construction of water resource projects. That is, the majority of USACE appropriations (e.g., more than 80% of annual FY2019 appropriations for USACE civil works) is for performing work on specific studies and for construction of USACE projects authorized by Congress. In WRDAs, Congress establishes the broad structure for how USACE is to perform its work on water resource projects (e.g., setting standard federal and nonfederal cost shares). Congress also provides the authorization for USACE to perform specific studies and projects in WRDAs. After Congress has authorized the study or construction of a project, however, USACE generally is unable to proceed until it receives funding for that project phase. Congress provides appropriations for the agency through the annual Energy and Water Development appropriations process and at times through supplemental appropriations, such as those to address flood response and recovery. For more on USACE civil works appropriations, see CRS In Focus IF1 1137, Army Corps of Engineers: FY2020 Appropriations. Development of a WRDA and Process to Propose Activities To develop recent WRDAs, the authorizing committees- the House Transportation and Infrastructure Committee (House T&I) and the Senate Environment and Public Works Committee (Senate EPW)-began by holding hearings that received testimony from stakeholders and reviewed reports transmitted by the Administration. The hearings were followed by the chairperson introducing a bill. Authorizing committees also often solicit input from Members of Congress on their priorities and potential WRDA provisions. During WRDA development, Congress often pursues information on the implementation status of provisions in recently enacted WRDAs and reviews reports requested by Congress. The authorizations for most USACE studies and projects are geographically specific (e.g., a flood risk reduction project for a specific community along a river or coast). Scrutiny of congressionally directed spending (known as earmarking) that benefits a specific entity or locality has altered the development of WRDAs subsequent to WRDA 2007 (P.L. 110-114). During the development of recent WRDAs, authorizing committees have been explicit regarding their use of Administration processes and reports as the basis for including geographically specific USACE authorizations. For example, Congress has identified in WRDA bills favorable reports by the Chief of Engineers (a Chief's report) and other USACE decision documents as the basis for new project construction authorizations or modifications to existing construction authorizations. The Water Resources Reform and Development Act of 2014 (WRRDA 2014, P.L. 113-121) was the first WRDA enacted since WRDA 2007. In WRRDA 2014, Congress established a new process to assist the congressional authorizing committees in identifying USACE studies and projects to authorize. In Section 7001 of WRRDA 2014, Congress required the Administration to transmit each February to the authorizing committees an annual report of publicly submitted USACE study and project proposals, as https:/crs reports.cong tess go

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