The U.S. Army Corps of Engineers (the Corps) is one of several federal agencies that undertake water resource projects. The majority of Corps civil works projects involve commercial navigation, flood risk management, and ecosystem restoration. Congress generally authorizes Corps activities and provides policy direction in Water Resources Development Acts (WRDAs). These activities generally comprise the planning stage of project development. To do so, the report provides background information on the potentially wide array of environmental requirements that may apply to a given civil works project (including why Congress established such requirements), how the Corps integrates compliance with those requirements into the project planning process, and how required elements of the planning process may affect project delivery. To provide necessary background, this report identifies selected issues that have arisen in the past 50 years that resulted in Congress enacting numerous environmental requirements that (1) directly affect the Corps' project planning process and (2) are intended to minimize adverse project-specific impacts. More specifically, the report provides an overview of the federal requirements that obligate the Corps to evaluate the impacts of a given civil works project and the compliance requirements that generally must be addressed before the Corps will submit a Chief's Report to Congress. Most requirements that currently apply to water resource project development that may be deemed "environmental" represent past efforts by Congress to minimize the potential for unforeseen adverse impacts and/or to mitigate or minimize any unavoidable adverse impacts. With increased attention to adverse impacts of civil works projects, including the costs associated with remedying those impacts (see text box below), Congress enacted various laws that broadened Corps planning requirements to include an evaluation of project impacts to environmental quality. A Director of Civil Works reports to the Chief of Engineers. For example, Congress generally
authorizes the Corps to prepare a study of the water resources problem; appropriates funds for the Corps study; authorizes the Corps to construct a project; and appropriates funds to the Corps to construct the project. Environmental Evaluation and Compliance Requirements

During planning, the Corps is obligated to determine a project's potential economic, social, and environmental benefits and detriments. As noted previously, this report looks at two separate but related groups of environmental requirements: (1) those explicitly applicable to water resources development that must be addressed by the Corps during planning, and (2) those applicable as a result of project-specific impacts that are intended to protect human health or minimize harm to certain aquatic and other resources. The potential extent of outside agency involvement will also likely depend on the type of Corps project being planned. By identifying any environmental requirements applicable to a project in a single environmental review document, the NEPA process is used to coordinate and document compliance with potentially duplicative requirements—that is, to ensure compliance with environmental requirements established pursuant to NEPA and other project-specific requirements (e.g., the Clean Water Act or Endangered Species Act), but also to ensure compliance with Corps-specific evaluation requirements (e.g., requirements pertaining to the environment codified in Titles 33 and 43). The time it takes the Corps to move from one step in the project delivery process to another depends on a complex array of factors. When comparing individual Corps projects to each other, the larger, more complex, and costly the project, often the longer each step will take to complete. However, the role that Congress plays in authorizing studies and project construction and the timing of appropriations have been identified as factors that have the most significant effect on the timing of project delivery. Transmission of the feasibility report to Congress to construction authorization . Given the range of environmental issues and impacts that Congress requires the Corps to evaluate for civil works projects, there is little debate that the body of requirements that may be deemed "environmental" that apply to Corps projects often represents a significant element of the project development process. What is unclear is whether or which specific environmental requirements routinely delay project delivery.
Under its civil works mission, the U.S. Army Corps of Engineers (the Corps) undertakes water resource projects. The majority of Corps civil works projects involve commercial navigation, flood risk management, and ecosystem restoration.
Before Congress will authorize the construction of or appropriate funds for most Corps civil works projects, the agency must prepare various studies, reports, and evaluations of project benefits and detriments, including adverse environmental impacts. Those impacts, in turn, may obligate the Corps to demonstrate compliance with certain environmental requirements.
Environmental Requirements Addressed During Planning
Some interested stakeholders have questioned the degree to which environmental requirements hamper project delivery, and debate what changes could be made to accelerate delivery. In particular, some have questioned whether compliance with federal environmental laws and regulations delays the completion of reports that Congress uses to inform legislation authorizing project construction such as Water Resources Development Acts (WRDAs).
The planning process is used to develop a recommended water resource project that Congress may authorize. Among other requirements, planning must include an evaluation of project impacts on the environment and applicable federal requirements that arise from those impacts. Depending on the project, a wide array of environmental requirements may apply. There are two types of environmental requirements that may affect a water resource project: those that obligate the Corps to evaluate certain issues during planning, and those intended to protect human health or minimize harm to a protected resource from project-specific impacts. Integrating the evaluation of environmental impacts into project planning is intended, in part, to minimize the potential for unanticipated impacts from the project and mitigate the severity of unavoidable adverse impacts.
Generally, the Corps identifies and considers environmental impacts, including any applicable requirements arising from federal environmental laws such as the Clean Water Act, within the framework of documenting compliance with the National Environmental Policy Act (NEPA). Compliance with NEPA and other "environmental" laws may obligate the Corps to consult with outside agencies to determine the degree to which a protected resource (e.g., historic site, endangered species habitat, wetlands) may be affected; to develop measures to mitigate or minimize adverse impacts; and/or to identify required approvals or permits.
Factors That Cause Delay
The time that it takes the Corps to move from one phase of project development to another depends on a complex array of factors. When comparing individual Corps projects to each other, larger, more complex, and costly projects generally take longer. When looking at all civil works projects, Congress's role in authorizing required studies and project construction, and in appropriating funds necessary for the required studies and construction, often significantly affects project delivery timing.
Given the range of environmental issues and impacts that Congress has statutorily obligated the Corps to evaluate, the body of requirements that may be deemed environmental that apply to Corps projects can represent a significant element of project development. What is unclear is whether or which specific environmental requirements routinely delay project delivery, in general, or completion of necessary reports to Congress, in particular.
Scope of This Report
This report provides information about the civil works project development process, with a focus on the planning phase of development and challenges associated with determining the extent to which project delivery is affected by environmental requirements. To provide some context, the report identifies selected issues that have arisen in the past 50 years that resulted in Congress enacting various environmental requirements that affect the Corps' project planning process and that are intended to minimize adverse impacts of Corps projects. It also provides an overview of key federal requirements that generally must be addressed before the Corps' Chief of Engineers will issue a report (i.e., a Chief's Report). The transmission of that report to Congress by the Assistant Secretary of the Army for Civil Works is typically the final step in the planning process and is intended to inform congressional authorization of project construction.