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Water Resources Development Acts: Primer
Congress often titles omibus legislation that authorizes
U.S. Army Corps of Fngineers (USACE) civil works
activities anddirects theagency's practices as a Water
Resources Development Act (WRDA). WRDAs are
distinguished fromeach other by referencing the year of
enactment (e.g., WRDA 1986). WRDA provisions
generally add to or amend the pool ofexisting USACE
authorizations and refine policy direction that Congress
provides to the agency. Other provisions may deauthorize
inactive unconstructed projects. Although the majority of
USACE authorizations do not expire, some are time-
limited. WRDA provisions also may extend time-limited
USACE authorities. Most USACEwater res ourceprojects
require two types of congressional authorization: one for
studying feasibility and a subsequent one for construction.
Drivers for enactment ofanew WRDA typically include
nonfederal and congressional interest in new studies and
cons tructionprojects and support for adjustments to
existing projects, programmatic authorities, and policies.
Since WRDA 1986, Congress oftenhas considered WRDA
legislation on a biennial cycle; however, the timing of
enactment of WRDAs has varied. For more on WRDAs,
see boxtitled WRDAs and WRDA Titles in Broader
Bills .
In July 2020, the HouseCommittee on Transportation and
Infrastructure (House T&I) reported H.R. 7575 (W RDA
2020). The Senate Committee on Environment andPublic
Works (Senate EPW) reported S. 3591, America's Water
Infrastructure Actof2020 (AWIA 2020), in May 2020.
AWIA 2020's Title I and WRDA 2020 focus on
authorizing USACEactivities and alter USACEpolicy
direction providedby Congress. Both bills would authorize
a suite ofUSACEstudies andprojects and would adjust the
Inland Waterways Trust Fund (IWTF) contribution for
inland and intracoastal waterway construction projects from
50% to 35% to allow for more federal investment toward
these projects. The WRDA 20201WTF contribution
reduction would apply in FY2021 through FY2027. For
more on waterways, see CRS In Focus IF 1593, Inland and
Intracoastal Waterways: Primer andIssuesfor Congress.
WRDA 2020 also would change the budget enforcement
rules through abudgetcap adjustment for the amount
provided to USACEfrom the Harbor Maintenance Trust
Fund (HMTF) for activities designated as harbor operations
and maintenance. WRDA 2020 also would allow for the
HMTF to pay for a broader set of activities and alter the
distribution targets for HMTF-funded activities. WRDA
2020 would require USACEto updatethe agency's
guidanceon assessing sea levelrise for coastalproject
planning. It also wouldrequire the agency to adopt
procedures to include more consideration of environmental
and socialgoals andeffects in projectplanning and
establish cost-sharing and planning requirements for natural
and nature-b ased features. For more on these topics, see
CRS In Focus 1F10221, Principles, Requirements, and
Guidelines (PR& G)for Federa lInvestments in Water
Resources, and CRS Report R46328, Flood RiskReduction
ftom Natural and Nature-BasedFea tures: Army Corps of
Engineers Authorities.
AWIA 2020 would expand USACE authorities to perform
rural water supply projects and to address aquatic and
terrestrial invasive species. It also would require an annual
report fromthe Administration to congressional authorizing
and appropriations committees that identifies USACE
authorized studies and projects available for appropriations.
Title II and Title I of the bill would authorize water
infrastructure and restoration activities of the U.S.
Environmental Protection Agency (EPA) and other federal
agencies, including tribal water infrastructure investments.
Formore on AWIA 2020's non -USACEprovisions, see
CRS Insight INI 1437, WaterInfrastructureLegislation in
the 116th Congress: EPA, Reclamation, and US. Army
Corps ofEngineers Provisions.
WRDAs and WRDA Titles in Broader Bills
Historically, most Water Resources Development Act
provisions have focused on USACE's water resource
activities, not the agency's regulatory respon sibilities (e.g.,
issuing permits under Section 404 of the Clean Water Act).
An exception is WRDA 1992 (P.L I 02-580),which included a
title on contaminated sediment and ocean dumping
authorizing both EPA and USAGE activities. Since WRDA
1992, Congress generally has not used WRDAs to alter the
scope of USACE's regulatory authorities. Since 1 992, WRDA
provisions related to USACE's regulatory program have
primarily involved the processing of permit applications (e.g.,
authorizing USACE to accept funds to expedite processing).
The most recent stand-aloneWRDAs were enacted in
2000, 2007, and 2014. Although most titles of the Water
Resources Reform and Development Act of 20 14 (WRRDA
2014; P.L 113-121) wereUSACE-focused, some titles
addressed other agencies. WRDA 2016 (Title I of P.L 114-
322,Water Infrastructure Improvements for the Nation Act
[WIIN Act]) and WRDA 2018 (Title I of P.L 115-270,
America's Water Infrastructure Act of 2018 [AWIA 2018])
were enacted as USACE-focused titles in broader water bills
with titles and provisions authorizing water programs and
activities of multiple agencies and departments, such as EPA,
the Department of the Interior, and the Feceral Energy
Regulatory Commission. For more on WRDAs, see CRS
Report R451 85, Army Corps of Engineei: Water Resource
Authorization and Project Delivery Processes.
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Updated July 28,2020](ViewImageLocal?handle=hein.crs/govdbbk0001&div=1&collection=&method=preview&ext=.png&size=3)
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