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Water Resources Development Acts: Primer
Congress often titles omnibus legislation that authorizes
U.S. Army Corps of Fngineers (USACE) civil works
activities 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 thepool ofexis ting
USACE authorizations and refine congressional policy
direction to the agency. Other provisions may deauthorize
inactive unconstructed projects. Although most USACE
authorizations do not expire, some are time-limited. WRDA
provisions may extend these time-limited authorities. 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 newWRDA typically include nonfederal and
congressional interest in new studies and construction
projects and support for adjustments to existing projects,
programmatic authorities, and policies. Since WRDA 1986,
Congress often has considered WRDA legislation on a
biennial cycle; however, the timing of enactment of
WRDAs has varied. For more on WRDAs, see boxtitled
WRDAs andWRDA Titles in Broader Bills .
In July 2020, the Housepassed H.R 7575 (WRDA 2020);
it was consideredunder suspensionofthe rules. The Senate
Committee on Environment and Public Works (Senate
EPW) reported S. 3591, America's Water Infrastructume Act
of 2020 (AWIA 2020), in May 2020. AWIA 2020's Title I
and WRDA 2020 focus on authorizing USACEactivities
and alter USACE policy direction provided by Congress.
Both bills would authorize a suite of USACEstudies and
projects and would adjust the Inland Waterways Trust Fund
(1WTF) contribution for inland and intracoastal waterway
cons tructionprojects from50% to 35% to allow for more
federal investment toward theseprojects. The WRDA 2020
1WTF contributionreduction would apply in FY2021
through FY2027. For more on waterways, see CRS In
Focus IF 1593, Inland an dIn tracoastal Waterways:
Primer and Issuesfor Congress.
WRDA 2020 also would change the budget enforcement
rules through a budget cap adjustment for the
appropriations provided to USACEfromthe Harbor
Maintenance TrustFund(HMTF) for activities designated
as harbor operations and maintenance. WRDA 2020 also
would allow for the HMTFto pay for abroader set of
activities and alter the distribution of HMTF funds across
various categories of eligible activities. (For more
information on the HMTF, see CRS Report R41042,
Harb orMaintenance Trust FundExpenditures.) 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 ofenvironmental
and socialgoals andeffects in projectplanning and
establish cost-sharing and planning requirements for natuml
and nature-b ased features. For more on these topics, see
CRS In Focus IF10221, Principles, Requirements, and
Guidelines (PR& G)for Federa lnvestments in Water
Resources, and CRS Report R46328, Flood RiskReduction
from 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 responsibilities (e.g.,
issuing permits under Section 404 of the Clean Water Act).
An exception is WRDA 1992 (P.Li 102-580),which included a
title on contaminated sediment and ocean dumping
authorizing both EPA and USACE activities. Since 1992,
Congress generally has not used WRDAs to alter the scope
of USACE's regulatory authorities. Since 1992, 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-alone USACE authorization bills
were enacted in 2000,2007, and 2014.Although most titles of
the Water Resources Reform and Development Act of 2014
(WRRDA 2014; P.L 1 13-121) were USACE-focused, some
titles addressed other agencies. WRDA 2016 (Title I of P.L
1 14-322, 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 Federal Energy
Regulatory Commission. For more on WRDAs, see CRS
Report R45 185, Army Coros of Engineers: Water Resource
Authorization and Project Delivery Processes.
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Updated September 22,2020](ViewImageLocal?handle=hein.crs/govdbvg0001&div=1&collection=&method=preview&ext=.png&size=3)
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