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Informing the legislitive diebate since 1914
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Updated February 7, 2022
Army Corps of Engineers: Environmental Infrastructure (EI)
Assistance
Congress typically authorizes U.S. Army Corps of
Engineers (USACE) activities in omnibus authorization
laws, often titled Water Resources Development Acts
(WRDAs). Since WRDA 1992 (P.L. 102-580), Congress
has authorized and funded USACE assistance with design
and construction of infrastructure in specified
municipalities, counties, and states. This assistance supports
publicly owned and operated facilities, such as water
distribution works, stormwater collection, surface water
protection projects, and environmental restoration, among
others. This USACE assistance is broadly labeled
environmental infrastructure (EI).
El Assistance Authories
El assistance authorities generally fall into one of three
categories:
* Section 219 EL. Projects and activities (e.g., design) at
specific geographic locations (e.g., city, county, multiple
counties) authorized through Section 219 of WRDA
1992, as amended;
* Non-Section 219 El Projects. Projects authorized in
provisions other than Section 219; and
* El Programs. El programs authorized for broader
geographic areas (e.g., multiple counties or states), with
eligible types of assistance authorized in various
provisions.
USACE is authorized to perform design or construction
work with USACE funds, and for certain programmatic
authorities, may use appropriated funds to reimburse
nonfederal sponsors for work the sponsors perform.
The Congressional Research Service (CRS) reviewed
enacted legislation likely to include El assistance
authorities and identified authorized El 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 authorities for El assistance in Delaware, Hawaii,
Iowa, Maine, Nebraska, Washington, and other territories.
Unlike traditional USACE water resource projects, El
assistance is not subject to the USACE planning process
(e.g., no USACE feasibility study is needed); however, El
assistance is subject to federal laws, such as the National
Environmental Policy Act. USACE evaluates an activity's
eligibility for assistance by identifying whether there is an
El assistance authorization for the geographic area of the
project, and whether the proposed work is an eligible type
of assistance provided for in the authorization.
The specifics of the authorization determine the nature of
USACE's involvement and applicable nonfederal cost
share. Although most USACE El assistance requires cost
sharing at 75% federal and 25% nonfederal, some
assistance authorities are set at 65% federal and 35%
nonfederal. The nonfederal sponsor is the owner of
constructed facilities and is responsible for 100% of
operations and maintenance.
Evolution of El Assistance Authorities
Originally, Section 219 of WRDA 1992 authorized design
assistance for 18 projects, and other sections authorized
design and construction assistance for El assistance projects
and programs in select geographic areas (e.g., Section 340,
Southern West Virginia). WRDA 1996 (P.L. 104-303)
added construction assistance for certain Section 219 El
authorities. In subsequent WRDAs through WRDA 2007
(P.L. 110-114) and in select appropriations laws, Congress
authorized new and amended existing USACE El
authorities (e.g., WRDA 2007 added over 200 projects).
Overall, Congress has authorized USACE to contribute El
assistance to more than 350 projects and programs, with
cumulative authorizations of appropriations totaling more
than $6.7 billion. The authorizations of appropriations for
these activities vary widely, from $100,000 for a water
monitoring station to $585 million for a seven-state El
program (Section 595 of WRDA 1999 [P.L. 106-53], as
amended, Western Rural Water).
Authority Modifications from 2014 to 2020
Congress has not authorized new El assistance
authorizations since WRDA 2007, but has modified certain
authorities in WRDAs from 2014 through 2020. Among
other reasons, Congress did not enact new authorities due to
policies restricting earmarks/congressionally directed
spending items in the 112th1 116th Congresses. Congress
provided a process for nonfederal sponsors to propose
modifications to El assistance authorities when WRDA
2016 (P.L. 114-322, Title I) expanded Section 7001 of the
Water Resources Reform and Development Act of 2014
(P.L. 113-121) to include consideration of modifications to
El assistance authorities. Through the Section 7001
proposal process, nonfederal sponsors may propose
modifications to existing El assistance authorizations (e.g.,
expand the location, amend eligible projects types, and
adjust the authorization of appropriations). This process
requires USACE to annually submit a report to Congress
identifying proposals by nonfederal interests that meet
certain criteria. Congress may consider these proposals as
part of WRDA deliberations. For example, in WRDA 2020
(P.L. 116-260, Division AA), Congress amended 14 El
assistance authorities to increase their authorizations of
appropriations for a total increase of $828.5 million. For
four of the El authorities, Congress expanded the](ViewImageLocal?handle=hein.crs/govegui0001&div=1&collection=&method=preview&ext=.png&size=3)
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