Congress directs and oversees the specific navigation, flood control, and ecosystem restoration projects that USACE plans and constructs through authorization legislation, annual and supplemental appropriations legislation, and oversight efforts. The report discusses the following topics:
primer on the agency and its authorization legislation, typically titled as a Water Resources Development Act (WRDA); standard process for planning and construction of USACE water resource projects; interest in and authorities for alternative project delivery and innovative finance for water resource projects; and other USACE authorities, including its authorities for Continuing Authorities Programs (CAPs) and technical assistance, emergency response, and reimbursable work. Local interests and Members of Congress often are particularly interested in USACE pursuing a project because these projects can have significant local and regional economic benefits and environmental effects. Most project-specific authorizations in WRDAs fall into three general categories: project studies, construction projects, and modifications to existing projects. Generally, a study or construction authorization by itself is insufficient for USACE to proceed. 2014

The Water Resources Reform and Development Act of 2014 (WRRDA 2014; P.L. With WRDA 2016, which was Title I of the Water Infrastructure Improvements for the Nation Act (WIIN; P.L. AWIA 2018 includes the Water Resources Development Act of 2018 (WRDA 2018) as Title I of the bill. For more information on USACE civil works responsibilities, see Appendix A . In Section 1102 of WRDA 2018, Congress required that the Secretary of the Army to contract with the National Academy of Sciences to evaluate the following:
USACE's ability of carry out its mission and responsibilities and the potential effects of transferring functions and resources from the Department of Defense to a new or existing federal agency; and how to improve USACE's project delivery, taking into account the annual appropriations process, the leadership and geographic structure at the divisions and districts, and the rotation of senior USACE leaders. Congressional authorization and appropriations processes are critical actions in a multistep process to deliver a USACE project. For most water resource activities, USACE needs a nonfederal sponsor to share the study and construction costs. Since WRDA 1986, nonfederal sponsors have been responsible for funding a portion of studies and construction, and they may be 100% responsible for O&M and repair of certain types of projects (e.g., flood risk reduction and aquatic ecosystem restoration). Congress generally authorizes USACE studies in WRDA legislation. Congress, particularly in WRRDA 2014, WRDA 2016, and WRDA 2018, has authorized and extended alternative ways to advance and deliver USACE studies and projects. Water Infrastructure Finance and Innovation Act

WRRDA 2014 in Sections 5021 through 5035 authorized the Water Infrastructure Finance and Innovation Act (WIFIA), a program to provide direct loans and loan guarantees for identified categories of water projects. Congress has directed USACE to develop the structure for its WIFIA program; however, the USACE WIFIA program has not advanced sufficiently to be operational. USACE has some general authorities to undertake small projects, technical assistance, and emergency actions. USACE also performs work on a reimbursable basis for other agencies and entities. 93-288 ), USACE may be tasked with performing various response and recovery activities. Under the National Response Framework, USACE coordinates emergency support for public works and engineering . Reimbursable Work

In addition to its work for the Department of the Army under USACE's military program, USACE under various authorities also may perform work on a reimbursable basis for other DOD entities, federal agencies, states, tribes, local governments, and foreign governments. Water Resources Development Acts from 1986 through 2018
This appendix provides an overview of omnibus U.S. Army Corps of Engineers (USACE) authorization legislation from 1986 to 2016. 114-322 ) America's Water Infrastructure Act of 2018 (AWIA 2018, P.L. WRRDA 2014 and WRDA 2016 attempted to address frustrations among some stakeholders with the pace of study and construction of USACE projects by allowing interested nonfederal entities, including private entities, to have greater roles in project development, construction, and financing. WRRDA 2014, which was enacted on June 10, 2014, authorized 34 construction projects that had received agency review, had Chief of Engineers reports (also known as Chief's re ports ), and had been the subject of a congressional hearing, thereby overcoming concerns related to congressionally directed spending (known as earmarks ).
At the direction of Congress, the U.S. Army Corps of Engineers (USACE) in the Department of Defense (DOD) undertakes water resource development activities. USACE develops civil works projects principally to improve navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. Congress directs USACE through authorizations and appropriations legislation. Congress often considers USACE authorization legislation biennially and appropriations annually. USACE attracts congressional attention because its projects can have significant local and regional economic benefits and environmental effects. This report summarizes authorization legislation, project delivery, authorities for alternative project delivery, and other USACE authorities.
Authorization Legislation. For USACE studies and projects, congressional study and project authorization generally is required prior to being eligible for federal appropriations. Congress generally considers an omnibus USACE authorization bill biennially. The bill is typically titled a Water Resources Development Act (WRDA). Agency action on an authorization typically requires funding; that is, both an authorization and an appropriation would be needed to proceed. Most water resource project authorizations in WRDAs fall into three general categories: project studies, construction projects, and modifications to existing projects. A few provisions in WRDA bills have time-limited authorizations; therefore, some WRDA provisions may reauthorize expired or expiring authorities. Recent authorization bills include:
America's Water Infrastructure Act of 2018 (AWIA 2018; P.L. 115-270), which included Title I, Water Resources Development Act of 2018 (WRDA 2018) which focused on USACE civil works; Water Infrastructure Improvements for the Nation Act (WIIN; P.L. 114-322), which included Title I ,Water Resources Development Act of 2016 (WRDA 2016) which focused on USACE civil works; and Water Resources Reform and Development Act of 2014 (WRRDA 2014; P.L. 113-121), which was largely, but not wholly, focused on USACE civil works.
In WRRDA 2014, Congress developed processes for identifying site-specific studies and projects for authorization to overcome concerns related to congressionally directed spending (known as earmarks). Congress also used these processes for WRDA 2016 and WRDA 2018.
Standard and Alternative Project Delivery. The standard process for a USACE project requires two separate congressional authorizations—one for studying feasibility, and a subsequent one for construction—as well as appropriations for both. In recent years, congressional authorization for project construction has been based on a favorable report by the Chief of Engineers (a Chief's report) and an accompanying feasibility report. For most activities, Congress requires a nonfederal sponsor to share some portion of study and construction costs. For some project types (e.g., local flood control), nonfederal sponsors are responsible for operation and maintenance.
WRRDA 2014, WRDA 2016, and WRDA 2018 expanded the opportunities for interested nonfederal entities, including private entities, to have greater roles in project development, construction, and financing. WRRDA 2014 also authorized, through the Water Infrastructure Finance and Innovation Act (WIFIA), a program to provide direct loans and loan guarantees for water projects. Although the WIFIA program administered by the U.S. Environmental Protection Agency is operational, the USACE WIFIA program for navigation, flood risk reduction, and ecosystem restoration projects has not been implemented.
Other USACE Activities and Authorities. Congress has granted USACE general authorities to undertake some activities without requiring additional congressional authorization, including emergency actions related to flooding and limited actions in response to drought. Additionally, under the National Response Framework, USACE may be tasked with performing activities in response to an emergency or disaster, principally associated with public works and engineering such as providing temporary roofing and emergency power restoration. In addition to its work for the Department of the Army under USACE's military program, USACE under various authorities also may perform work on a reimbursable basis for other DOD entities, federal agencies, state and local governments, and foreign governments (e.g., USACE manages the construction of multiple border barrier projects on a reimbursable basis for Customs and Border Protection).