CRS Report Released: Army Corps of Engineers Water Resource Projects: Authorization and Appropriations

The Congressional Research Service (CRS), the public policy research arm of Congress, recently issued the report Army Corps of Engineers Water Resource Projects: Authorization and Appropriations (May 6, 2013). The 21-page report authored by Nicole T. Carter and Charles V. Stern, discusses the following:

Summary

The U.S. Army Corps of Engineers undertakes activities to maintain navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. Congress directs the Corps through authorizations, appropriations, and oversight of its studies, construction projects, and other activities. This report summarizes congressional authorization and appropriations processes for the Corps. It also discusses agency activities under general authorities.

Authorization of Water Resources Activities. Congress generally authorizes Corps activities and provides policy direction in Water Resources Development Acts (WRDAs). The most recent WRDA was enacted in 2007 (P.L. 110-114). Pressure to authorize new projects and modify existing projects promotes fairly regular WRDA consideration. WRDAs historically have been omnibus bills including many provisions for site-specific activities; how to construct a WRDA bill that complies with House rules related to a moratorium on Member-requested earmarks complicated WRDA consideration in the 112th Congress. The 113th Congress began consideration of a WRDA with S. 601 in the Senate in March 2013. S. 601 would authorize Corps activities and modifications of existing authorizations that meet certain criteria; the bill includes numerous other provisions as it attempts to address issues with the duration and cost of Corps projects. The bill also would establish new procedures for using Harbor Maintenance Trust Fund monies, in an effort to expand spending above current levels.

Agency Appropriations. Federal funding for most Corps civil works activities is provided in annual Energy and Water Development appropriations acts or supplemental appropriations acts. At times these acts also have included Corps authorizations. In part because of competition for funds and because Corps authorizations outpace appropriations, many authorized activities have not received appropriations. There is a backlog of more than 1,000 authorized studies and construction projects. In recent years, few new studies and new construction activities have been in either the President’s budget request or enacted appropriations.

Standard Project Development. The standard process for a Corps project requires two separate congressional authorizations—one for investigation and one for construction—as well as appropriations. The investigation phase starts with Congress authorizing a study; if it is funded, the Corps conducts an initial reconnaissance study followed by a more detailed feasibility study. Congressional authorization for construction is based on the feasibility study. For most activities, Congress requires a nonfederal sponsor to share some portion of study and construction costs. These cost-sharing requirements vary by the type of project. For many project types (e.g., levees), nonfederal sponsors are responsible for operation and maintenance once construction is complete.

Other Corps Activities and Authorities. Although the project development process just described is standard, there are exceptions. Congress has granted the Corps some general authorities to undertake some studies, small projects, technical assistance, and emergency actions such as flood-fighting and repair of damaged levees. Additionally, the Corps conducts emergency response actions directed by the Federal Emergency Management Agency.

CRS Report Released: Army Corps of Engineers Water Resource Projects: Authorization and Appropriations

The Congressional Research Service (CRS), the public policy research arm of Congress, recently issued the report Army Corps of Engineers Water Resource Projects: Authorization and Appropriations (Mar. 22, 2013). The 21-page report authored by Nicole T. Carter and Charles V. Stern discusses the following:

Summary

The U.S. Army Corps of Engineers undertakes activities to maintain navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. Congress directs the Corps through authorizations, appropriations, and oversight of its studies, construction projects, and other activities. This report summarizes congressional authorization and appropriations processes for the Corps. It also discusses agency activities under general authorities.

Authorization of Water Resources Activities. Congress generally authorizes Corps activities and provides policy direction in Water Resources Development Acts (WRDAs). The most recent WRDA was enacted in 2007 (P.L. 110-114). Pressure to authorize new projects and modify existing projects promotes fairly regular WRDA consideration. WRDAs historically have been omnibus bills including many provisions for site-specific activities; how to construct a WRDA bill that complies with House rules related to a moratorium on Member-requested earmarks complicated WRDA consideration in the 112th Congress. The 113th Congress began consideration of a WRDA with S. 601 in the Senate in March 2013. S. 601 would authorize Corps activities and modifications of existing authorizations that meet certain criteria; the bill includes numerous other provisions as it attempts to address issues with the duration and cost of Corps projects. The bill also would establish new procedures for using Harbor Maintenance Trust Fund monies, in an effort to expand spending above current levels.

Agency Appropriations. Federal funding for most Corps civil works activities is provided in annual Energy and Water Development appropriations acts or supplemental appropriations acts. At times these acts also have included Corps authorizations. In part because of competition for funds and because Corps authorizations outpace appropriations, many authorized activities have not received appropriations. There is a backlog of more than 1,000 authorized studies and construction projects. In recent years, few new studies and new construction activities have been in either the President’s budget request or enacted appropriations.

Standard Project Development. The standard process for a Corps project requires two separate congressional authorizations—one for investigation and one for construction—as well as appropriations. The investigation phase starts with Congress authorizing a study; if it is funded, the Corps conducts an initial reconnaissance study followed by a more detailed feasibility study. Congressional authorization for construction is based on the feasibility study. For most activities, Congress requires a nonfederal sponsor to share some portion of study and construction costs. These cost-sharing requirements vary by the type of project. For many project types (e.g., levees), nonfederal sponsors are responsible for operation and maintenance once construction is complete.

Other Corps Activities and Authorities. Although the project development process just described is standard, there are exceptions. Congress has granted the Corps some general authorities to undertake some studies, small projects, technical assistance, and emergency actions such as flood-fighting and repair of damaged levees. Additionally, the Corps conducts emergency response actions directed by the Federal Emergency Management Agency.

National Academies Report Released: Corps of Engineers Water Resources Infrastructure: Deterioration, Investment, or Divestment?

Recently, the National Academies Press (NAP) released a report produced by the Committee on U.S. Army Corps of Engineers Water Resources Science, Engineering, and Planning; Water Science and Technology Board; Division on Earth and Life Studies; and the National Research Council titled, Corps of Engineers Water Resources Infrastructure: Deterioration, Investment, or Divestment? (2012). The 108 page report is available here, free with a one-time registration. According to the abstract,

[o]ver the past century, the U.S. Army Corps of Engineers has built a vast network of water management infrastructure that includes approximately 700 dams, 14,000 miles of levees, 12,000 miles of river navigation channels and control structures, harbors and ports, and other facilities. Historically, the construction of new infrastructure dominated the Corps' water resources budget and activities. Today, national water needs and priorities increasingly are shifting to operations, maintenance, and rehabilitation of existing infrastructure, much of which has exceeded its design life. However, since the mid-1980s federal funding for new project construction and major rehabilitation has declined steadily. As a result, much of the Corps' water resources infrastructure is deteriorating and wearing out faster than it is being replaced. This report explores the status of operations, maintenance, and rehabilitation of Corps water resources infrastructure, and identifies options for the Corps and the nation in setting maintenance and rehabilitation priorities.

Waters that Qualify as Waters of the United States Under Section (a)(1) of the Agencies’ Regulations -- EPA

Waters that Qualify as Waters of the United States Under Section (a)(1) of the Agencies’ Regulations by the Environmental Protection Agency

From the introduction: "The Environmental Protection Agency (EPA) and United States Army Corps of Engineers (Corps) "Guidance on Identifying Waters Protected by the Clean Water Act" guidance (Guidance) affirms that EPA and the Corps will continue to assert jurisdiction over "[a]ll waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide." 33 C.F.R. § 328.3(a)(1); 40 C.F.R. § 230.3(s)(1). The Guidance also states that, for purposes of the guidance, these "(a)(1)waters" are the "traditional navigable waters." These (a)(1) waters include all of the "navigable waters of the United States," defined in 33 C.F.R. Part 329 and by numerous decisions of the federal courts, plus all other waters that are navigable-in-fact (e.g., the Great Salt Lake, UT and Lake Minnetonka, MN)."

Draft guidance on waters protected by the Clean Water Act -- EPA

Draft guidance on waters protected by the Clean Water Act from the Environmental Protection Agency

From the Introduction: "This draft guidance clarifies how the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) will identify waters protected by the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act or CWA or Act) and implement the Supreme Court’s decisions concerning the extent of waters covered by the Act (Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC)and Rapanos v. United States (Rapanos)). This document clarifies how the EPA and the Corps understand existing requirements of the CWA and the agencies' implementing regulations in light of SWANCC and Rapanos and provides guidance to agency field staff in making determinations about whether waters are protected by the CWA. "

Energy and Water Development: FY2010 Appropriations

This Congressional Research Service Report (R40669) dated August 26, 2009 discusses The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps), the Department of the Interior’s Bureau of Reclamation, the Department of Energy (DOE), and a number of independent agencies. Key budgetary issues for FY2010 involving these programs may include:
• the distribution of Corps appropriations across the agency’s authorized planning,
construction, and maintenance activities (Title I);
• support of major ecosystem restoration initiatives, such as Florida Everglades
(Title I) and California “Bay-Delta” (CALFED) and San Joaquin River (Title II);
• funding for the proposed national nuclear waste repository at Yucca Mountain,
Nevada (Title III: Nuclear Waste Disposal);
• several new initiatives proposed for Energy Efficiency and Renewable Energy
(EERE) programs (Title III); and
• Funding decisions in DOE’s Office of Environmental Management.
Energy and Water Development funding for FY2009 was included in the Omnibus Appropriations Act, 2009 (P.L. 111-8). In addition, the American Recovery and Reinvestment Act (ARRA, the “Stimulus” Act, P.L. 111-5) included funding for numerous programs in the Corps of Engineers, the Bureau of Reclamation, and the Department of Energy, to be expended in FY2009 and FY2010.