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CRS   INSIGHT


Congress and the U.S. Army Corps of Engineers in 2016

January 5, 2016 (IN10424)




Related   Author


   *  Nicole T- Carter



Nicole T. Carter, Specialist in Natural Resources Policy (n rtr crs c , 7-0854)


The 114th Congress is anticipated to consider authorization legislation for the water resources activities of the U.S.
Army  Corps of Engineers (Corps) in 2016. A number of issues may influence the content of such legislation. These
issues span the agency's role in new and existing navigation improvements, coastal and riverine flood risk reduction,
and environmental restoration and protection efforts. Congress generally authorizes the study and construction of Corps
projects before providing federal appropriations for them. While many stakeholders are interested in Congress
authorizing new Corps studies and projects, others seek congressional direction in developing a more focused and
prioritized agenda for the agency and for the federal funding dedicated to its new and existing projects.

Congress has often considered Corps authorizations biennially; however, congressional enactment has been less regular.
The  113th Congress enacted the Water Resources Reform and Development Act of 2014 (WRRDA 2014; P _L 1-3-
121); it was preceded by a Water Resources Development Act (WRDA) of 2007 (PL 110-114) and a WRDA  2000
(P L  106-541).

WRRDA 2014 established  a process for the Administration to solicit and review public proposals for new Corps studies
and construction projects. Congress received its first report from the Administration with these proposals in February
2015  and is anticipated to receive another set of proposals in February 2016. Additionally, as of December 2015, the
Corps' Chief of Engineers had completed 18 reports favorably, recommending their construction at a federal cost of
$2.8 billion and a nonfederal cost of $2.2 billion.

In addition to Corps-specific items proposed for authorization, congressional debates relevant to the agency may expand
to other federal water resources issues. For example, the Administration's new project planning and evaluation guidance
for federal water investments went into effect in June 2015 for most agencies. It expanded the consideration of
environmental and other social goals and nonstructural or green solutions when developing projects and selecting the
federally preferred alternatives, as explained inCRS In Focus IF 10221, Princioles. Reauirements. and Guidelines
(PR&G)   for Federal Investments in Water Resources. The eXplanatorv statemen accompanying P L 114-113, the
Consolidated Appropriations Act, 2016, prohibits the Corps' use of FY2016 funds for implementation of the updated
PR&G.

The 114th Congress may consider whether or not WRRDA 2014 implementation may require additional congressional
direction. WRRDA  2014  authorized changes to project development and delivery for Corps projects. For example,
WRRDA 2014 expanded authorization   for nonfederal delivery of projects and authorized opportunities for private
sector funding and participation in projects. While the Corps has not completed implementation guidance for many

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