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                                                                Order Code RS22129
                                                                     August 18, 2005



 CRS Report for Congress

               Received through the CRS Web




  Corps of Engineers Reform in WRDA 2005

                             Nicole T. Carter
                     Analyst in Environmental Policy
                Resources, Science, and Industry Division

Summary


     Enactment of Water Resources Development Acts (WRDAs) in recent Congresses
 has been complicated by proposed changes to U.S. Army Corps of Engineers (Corps)
 policies and practices. The two WRDA 2005 bills - S. 728 and H.R. 2864 - contain
 provisions to alter the formulation, review, and fish and wildlife mitigation of Corps
 water resources projects. These provisions are fueling disagreement about the
 appropriate direction for change at the agency and are shaping the WRDA debate in the
 109'h Congress. One view is that Corps projects could be improved by increasing
 environmental considerations in project planning, implementing external review, and
 enacting more stringent requirements for fish and wildlife mitigation. The changes
 proposed in H.R. 2864 and proposed WRDA bills of the 108'h Congress are viewed by
 some stakeholders as first steps in this direction. Some of the changes proposed in S.
 728 are similar, while others would promote change in an alternative direction. These
 changes would support refinements to Corps planning, review, and mitigation that are
 aimed at limiting the length and increasing the predictability of the project development
 process, while not increasing costs. This report will be updated as legislative events
 warrant.


    Controversial proposals to change Corps policies and practices have complicated or
stalled the passage of some Water Resources Development Acts (WRDAs) in recent
Congresses. WRDA is the typical legislative vehicle for Congress to authorize water
resources activities and policy changes for the civil works program of the U.S. Army
Corps of Engineers. Under its civil works program, the Army Corps of Engineers plans,
constructs, and operates water resources facilities primarily for flood damage reduction,
navigation, and environmental purposes. (For more information on the agency, see CRS
Report RS20866, The Civil Works Program of the Army Corps of Engineers: A Primer,
by Nicole T. Carter and Betsy A. Cody.) WRDA often receives biennial congressional
consideration, but no WRDA has been enacted since 2000.

    Many of the issues shaping consideration of the two WRDA bills in the 109th
Congress - H.R. 2864 and S. 728 - are largely similar to the 108'h Congress: authorized
spending (e.g., the amount of authorizations in the bill and the bill's potential budgetary
impact), authorization of a few controversial projects, and changes to Corps policies and


       Congressional Research Service +o The Library of Congress

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