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1 1 (January 14, 2025)

handle is hein.crs/govescr0001 and id is 1 raw text is: Congressional Research Service Informring the aegislative debate since 1914 0 Updated January 14, 2025 Water Resources Development Acts: Primer and Action in the 118th Congress The U.S. Army Corps of Engineers (USACE) is a Department of Defense agency that, among other missions, develops water resource projects, principally to improve navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. Congress often considers, on a biennial schedule, omnibus legislation to authorize USACE water resource activities. Congress regularly refers to this legislation as a Water Resources Development Act (WRDA). WRDAs are distinguished from each other by the year of enactment (e.g., WRDA 1986). WRDA provisions generally add to or amend existing USACE authorizations. Drivers for WRDA enactment often include congressional and nonfederal interest in authorizing new USACE studies and projects, adjusting existing USACE authorities, and providing policy direction. Authorization is generally a precondition for USACE activities' eligibility for federal appropriations. For more information on USACE civil works activities, particularly for water resource projects, see CRS Report R47946, Processfor U.S. Army Corps of Engineers (USACE) Projects. Consideraton and Enactment of WRDAs Congress typically consolidates USACE authorization proposals into a WRDA bill rather than deliberating on multiple bills of smaller scope. Historically, most WRDA provisions have focused on USACE's water resource activities; however, on some occasions, provisions have addressed the agency's other responsibilities (such as its regulatory responsibilities). WRDAs have been enacted as stand-alone bills (e.g., in 2000, 2007, and 2014) and as part of broader bills (e.g., in 2016, 2018, 2020, and 2022). WRDA 2022 was enacted in December 2022 as Title LXXXI of Division H of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (FY2023 NDAA; P.L. 117-263). For more on WRDA 2022, see CRS Insight IN 11965, Water Resources Development Act of2022 (WRDA 2022). In the 118th Congress, Members in the Senate and the House introduced WRDA 2024 bills-S. 4367 and H.R. 8812, respectively. On July 22, 2024, the House voted to pass H.R. 8812 under suspension of the rules, and on August 1, 2024, the Senate passed S. 4367 by unanimous consent. On December 3, 2024, the leaders of the House Transportation and Infrastructure Committee and the Senate Environment and Public Works Committee announced agreement on new legislative text for S. 4367, the Thomas R. Carper Water Resources Development Act of 2024. The House passed S. 4376 under suspension of the rules on December 9, 2024, and the Senate passed the bill on December 18, 2024. The President signed S. 4367 into law on January, 4, 2025 (P.L. 118-272). Division A of the act is WRDA 2024, which authorized 17 new construction projects, four project modifications, over 200 studies, and over 250 new or amended environmental infrastructure assistance authorizations. WRDA 2024 also encouraged USACE to support water supply, water conservation, and drought resiliency at its projects; made adjustments to the process for identifying potential unconstructed projects for deauthorization; and called for various reviews of USACE by the Government Accountability Office (e.g., analyses of USACE emergency response activities), among other directives. The act also included other matters in Division B (e.g., adjustments to a Department of Transportation credit assistance program, economic development authorizations, and public building reforms). USACE Activ ties and WRDA Authorizations Although the three primary purposes of USACE studies and projects historically have been improving navigation, reducing flood risk, and restoring aquatic ecosystems, many USACE projects are multipurpose-that is, they might provide water supply storage, recreation, and hydropower, among other benefits, in addition to one or more of the three primary purposes. USACE is directly engaged in the planning and construction of water resource projects. In WRDAs, Congress generally establishes a general framework and guidelines for implementing USACE water resource projects and activities (e.g., setting standard federal and nonfederal cost shares). WRDAs also authorize USACE to perform specific studies and projects. Most USACE water resource projects require two types of congressional authorization, which are provided at different points in time: (1) authority to study the feasibility of the project and (2) authority to construct (and operate and maintain, as applicable) the project. Authorizations for most USACE studies and projects are geographically specific (e.g., a flood risk reduction project for a specific community along a river or coast). WRDAs also may adjust the required cost sharing for specific projects or activities, or they may authorize USACE to provide specific financial assistance. For example, Congress has authorized USACE to assist with environmental infrastructure (e.g., design and construction assistance for drinking water and wastewater infrastructure) in designated communities, counties, and states. For more on this assistance, see CRS Report R47162, Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance. Authorization for a project or activity on its own is not sufficient for USACE to proceed; once Congress authorizes an activity in a WRDA, USACE must still receive funding for that activity (e.g., Investigation account funding to

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