Environmental Infrastructure Program (EI) (Section 219)

Environmental Infrastructure Program (EI) (Section 219) is sponsored by U.S. Army Corps of Engineers. This opportunity supports mission-aligned projects and measurable outcomes.

Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Congressional Research Service https://crsreports. congress.

gov Congressional Research Service Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Congress has authorized and appropriated funding for U.S. Army Corps of Engineers (USACE) environmental infrastructure (EI) assistance for the design and construction of certain infrastructure in specified municipalities, counties, and states.

This assistance supports different projects at publicly owned and operated facilities. Projects include construction of water distribution works, stormwater management, surface water protection, and environmental restoration, among others. EI assistance authorities generally fall into one of three categories: • Section 219 EI.

Assistance at specific geographic locations (e.g., city, county, multiple counties) authorized under Section 219 of the Water Resources Development Act of 1992 (WRDA 1992; P. L. 102- 580), as amended.

• Non-Section 219 EI Projects. Projects authorized in provisions other than Section 219 of WRDA 1992. • EI Programs.

EI programs authorized for broader geographic areas (e.g., states or regions of states), with various eligible types of assistance. The Congressional Research Service (CRS) has reviewed enacted legislation since WRDA 1986 (P. L.

99-662) that was likely to include EI assistance authorities and deauthorization lists. CRS has identifed over 600 EI assistance authorities with cumulative authorizations of appropriations totaling approximately $18. 1 billion.

In the 118 th Congress, WRDA 2024 (Division A of P. L. 118-272) amended existing EI assistance authorities and enacted new EI assistance authorities, which provided a combined increase in authorization of appropriations of $5.

4 billion for these authorities. Individual authorizations of appropriations for EI assistance authorities vary widely, from $100,000 for a water monitoring station to $1. 1 billion for a seven-state EI program.

CRS has identified authorized EI assistance in at least 46 states, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the Northern Mariana Islands. CRS has not identified authorities for EI assistance in Iowa, Maine, Nebraska, Rhode Island, or the remaining territories.

USACE evaluates an activity’s eligibility for assistance by identifying whether an EI assistance authorization exists for the project’s geographic area, and whether the proposed work is an eligible type of assistance provided for in the authorization. Indvidual authorizations typically specify the nature of USACE’s involvement and the nonfederal cost share.

USACE is authorized to perform design and/or construction work with USACE funds and, for certain programmatic authorities, may use appropriated funds to reimburse nonfederal sponsors for work they perform. Most USACE EI assistance requires cost sharing at 75% federal and 25% nonfederal, and the nonfederal sponsor—the owner of constructed facilities—is responsible for operations and maintenance.

WRDA 2024 authorized a 90% federal cost share under some authorities for projects benefitting economically disadvantaged communities. Unlike traditional USACE water resource projects, EI assistance is not subject to the USACE planning process (e.g., it does not require a feasibility study); however, other federal laws apply to EI assistance, including the National Environmental Policy Act (42 U.S.C. §§4321 et seq).

Congress typically funds EI assistance through USACE’s Construction account in Energy and Water Development and Related Agencies annual appropriations acts, and sometimes in supplemental appropriations acts. The FY2024 President’s budget request included $5 million for EI assistance; this was the first time an Administration had requested EI assistance funding. Congress provided $197.

7 million for USACE EI assistance authorities in Division D of the Consolidated Appropriations Act, 2024 (P. L. 118-42).

The explanatory statement accompanying the bill included recommendations to fund $179. 8 million for EI assistance specifically requested by Members as Community Project Funding or Congressionally Directed Spending (48 requests were funded). In addition, the act recommended that USACE allocate $17.

9 million to EI assistance authorities in an agency work plan; USACE allocated this funding to eight authorities in its work plan. The FY2025 President’s budget did not request funding for EI assistance. The Disaster Relief Supplemental Appropriations Act, 2025 (Division B of P.

L. 118-158), provided $300. 0 million in FY2025 emergency funding for EI assistance.

Congress may conduct oversight of USACE’s EI assistance activities and whether the activities are meeting Congress’s expectations. Questions facing Congress include the following: How efficient is USACE at implementing EI assistance? How effective is USACE’s EI assistance in accomplishing the authorized EI assistance purposes?

Considerations for Congress may include whether to amend, add, or deauthorize EI assistance authorities and, if so, how to address those provisions. Congress also may weigh its support for USACE’s EI assistance activities generally, in view of other federal programs that provide assistance for similar projects and activities.

Another consideration for Congress may be how funding is allocated among EI assistance authorities, whether based on Member requests, certain criteria, or other considerations. Anna E.

Normand Specialist in Natural Resources Policy Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Congressional Research Service Environmental Infrastructure Assistance ......................................................................................... 1 Environmental Infrastructure Assistance Authorities ................................................................

1 Evolution of Environmental Infrastructure Assistance Authorities .................................... 3 Funding for Environmental Infrastructure Assistance............................................................... 6 FY2020 and FY2021 Appropriations ..................................................................................

7 FY2022 Through FY2024 Appropriations .......................................................................... 7 Analysis of Funding from FY2020 Through FY2024 ........................................................ 8 Considerations for Congress ....................................................................................................

11 Adding, Amending, or Deauthorizing EI Assistance Authorities ...................................... 11 Funding EI Assistance Authorities .................................................................................... 12 Oversight of EI Assistance Activities................................................................................

13 Figure 1. Environmental Infrastructure Assistance Funding by State ........................................... 10 Table 1.

Funding for Environmental Infrastructure Assistance, FY2020-FY2024 .......................... 6 Table B-1. Summary of Environmental Infrastructure Assistance Authorities .............................

24 Appendix A. Examples of Environmental Infrastructure Assistance Authorities .......................... 15 Appendix B.

Summary of Environmental Infrastructure Assistance Authorities .......................... 24 Author Information ........................................................................................................................

43 Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Congressional Research Service 1 Environmental Infrastructure Assistance Congress has authorized and funded the U.S. Army Corps of Engineers (USACE) to assist with the design and construction of certain infrastructure in specified municipalities, counties, and states.

This assistance supports projects at publicly owned and operated facilities, such as design and construction of water distribution works, stormwater collection efforts, surface water protection projects, and environmental restoration projects, among others. This USACE assistance is broadly referred to as environmental infrastructure (EI) assistance .

Aside from EI assistance, USACE has water resources development authorities for navigation, flood risk reduction, and aquatic ecosystem restoration activities. 1 Environmental Infrastructure Assistance Authorities Congress first authorized USACE to perform EI assistance in 1992. Congress typically authorizes USACE activities in omnibus authorization laws, often titled Water Resources Development Acts (WRDAs).

2 WRDA 1992 (P. L. 102-580) contained the first EI assistance authorities.

Following WRDA 1992, Congress authorized new or amended EI assistance authorities in subsequent WRDAs and in some appropriations acts (i.e., in acts aside from WRDAs), as described in “Evolution of Environmental Infrastructure Assistance Authorities. ” Appendix A provides the legislative text of example EI assistance authorities. EI assistance authorities generally fall into one of three categories: • Section 219 EI.

Assistance at specific geographic locations (e.g., city, county, multiple counties) authorized under Section 219 of WRDA 1992, as amended. 3 • Non-Section 219 EI Projects. Projects authorized in provisions other than Section 219 of WRDA 1992.

4 • EI Programs. EI programs authorized for broader geographic areas (e.g., states or regions of states), with generally multiple types of assistance authorized. 5 Some EI programs focus more on restoration than on other types of assistance.

1 For more information on U.S. Army Corps of Engineers (USACE) civil works activities, see CRS Report R47946, Process for U.S. Army Corps of Engineers (USACE) Projects , by Nicole T. Carter and Anna E. Normand.

2 For more information on Water Resources Development Acts (WRDAs), see CRS In Focus IF11322, Water Resources Development Acts: Primer and Action in the 118th Congress , by Nicole T. Carter and Anna E. Normand.

3 These authorities range from covering single municipalities to covering multiple counties in a state to covering a state or territory. 4 One USACE non-Section 219 environmental infrastructure (EI) project authority has statutory roots that precede WRDA 1992 (P. L.

102-580). In Section 1113 of WRDA 1986 (P. L.

99-662), as amended, Congress authorized USACE to “carry out, without regard to economic analysis, such measures as are necessary to protect and restore the river diversion structures and associated channels attendant to the operations of the community ditch and Acequia systems in New Mexico that—(1) are declared to be a political subdivision of the State; or (2) belong to an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

5304)). ” USACE has allocated funds that Congress appropriated for EI assistance to activities authorized by Section 1113. No other non- Section 219 EI project authority has received funding in recent fiscal years.

5 EI assistance program authorities state that the authority is for a program, with criteria defining what type of projects or type of assistance are eligible for assistance under the authority.

These programmatic authorities also include direction on how to operate the authority as a program (e.g., provisions on credit toward the nonfederal cost share) and most include the ability for USACE to reimburse the nonfederal sponsor for work performed by the sponsor.

By contrast, EI assistance authorities for projects generally may be for more specific projects, may provide less direction on executing the authority than programmatic EI assistance authorities, and do not allow for reimbursement to the nonfederal sponsor. Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Congressional Research Service 2 Based on a review of enacted legislation since WRDA 1986 (P. L.

99-662) likely to include EI assistance authorities, and a review of deauthorization lists, 6 the Congressional Research Service (CRS) has identified over 600 EI assistance authorities with cumulative authorizations of appropriations totaling approximately $18. 1 billion (see Appendix B ). 7 The authorizations for these activities vary widely, from $100,000 for a water monitoring station to $1.

1 billion for a seven-state EI program. These authorizations are at fixed levels (i.e., not indexed for inflation). 8 CRS has identified EI assistance authorities in at least 46 states, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the Northern Mariana Islands.

CRS has not identified authorities for EI assistance in Iowa, Maine, Nebraska, Rhode Island, or the remaining territories. An authorization’s specifics determine the nature of USACE’s involvement and applicable nonfederal cost share.

A project’s eligibility for assistance is based on whether an EI assistance authorization exists for the project’s geographic area and whether the proposed work is an eligible type of assistance provided for in the authorization.

USACE is authorized to perform design and/or construction work with appropriated funds and, generally for programmatic authorities, may use appropriated funds to reimburse nonfederal sponsors for work they perform. Most USACE EI assistance requires cost sharing at 75% federal and 25% nonfederal, 9 with WRDA 2024 (Division A of P. L.

118-272) providing a 90% federal cost share under some authorities for projects benefitting economically disadvantaged communities.

10 The nonfederal sponsor is generally the owner of constructed facilities and is responsible for 100% of operations and 6 USACE published lists in the Federal Register to deauthorize certain USACE authorities pursuant to direction in WRDA 1986 and in the Water Resources Reform and Development Act of 2014 (WRRDA 2014; P. L. 113-121).

For more information, see the report section on “Deauthorization Processes. ” 7 Neither Congress nor USACE has defined environmental infrastructure , but authorities that receive appropriations for EI assistance have some characteristic authorizing language. This report and its tables may reference authorities that some may not consider to be EI assistance and may not reference authorities that some consider to be EI assistance.

The Congressional Research Service (CRS) has included authorities that direct the Secretary of the Army for Civil Works to provide assistance to nonfederal interests and that include environmental infrastructure in the authority or name of the authority.

CRS also has included assistance authorities that do not explicitly include the phrase environmental infrastructure but describe similar activities (e.g., water supply, wastewater or sewage treatment, stormwater management) and have similar characteristics (e.g., 25% nonfederal cost share for assistance and 100% nonfederal operation and maintenance responsibilities) to assistance authorities with the phrase environmental infrastructure .

These inclusions are generally for some non-Section 219 project authorities. The “Corps of Engineers Environmental Infrastructure Projects” spreadsheet that USACE provided to CRS in 2012 also identified some authorities related to environmental restoration activities; some of these are included as EI assistance in this report, while others are not.

For example, Chesapeake Bay Environmental Restoration and Protection Program (Section 510 of WRDA 1996 [P. L. 104-303], as amended) was included in the USACE spreadsheet, but USACE has allocated funding for aquatic ecosystem restoration to the authority, thus CRS has not labeled it as an EI assistance authority.

Although Section 542 of WRDA 2000 (P. L. 106-541), as amended, for Lake Champlain, VT and NY, was not included in the USACE spreadsheet, USACE has allocated EI funding in work plans to the program; for this reason, CRS has included that authority as EI assistance.

8 Section 584 of WRDA 1996 (P. L. 104-303), as amended, authorized the water monitoring station and Section 595 of WRDA 1999 (P.

L. 106-53), as amended, authorized the Western Rural Water seven-state EI program. 9 The nonfederal sponsor must provide all lands, easements, rights-of-way, relocations and disposal areas (LERRD) necessary for construction, operation and maintenance of a project; these may credit toward the value of the nonfederal sponsor’s cost share.

Section 8149 of WRDA 2022 (Division H, Title LXXXI; P. L. 117-263) amended 33 U.S.C.

§2222, an authority regarding the use of other federal funds for nonfederal cost shares for USACE studies or projects. The amendment expanded the provision to include “a study or project under an environmental infrastructure assistance program” and potentially expand the eligibility of other federal funds for nonfederal cost shares.

It is unclear if the reference to EI assistance program includes non-Section 219 EI projects and Section 219 EI assistance authorities. 10 An economically disadvantaged community in these provisions is defined pursuant to Section 160 of WRDA 2020.

USACE published a memorandum on Implementation Guidance for Section 160 of the Water Resources Development Act of 2020, Definition of Economically Disadvantaged Community, on March 14, 2023, https://usace. contentdm. oclc.

org/utils/getfile/collection/p16021coll5/id/36002. For more information on this cost-share modification, see section “New and Modified Authorities in WRDA 2022 and WRDA 2024. ” Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Congressional Research Service 3 maintenance.

USACE and nonfederal sponsors sign an agreement before USACE provides assistance. 11 Unlike traditional USACE water resource projects, EI assistance is not subject to the USACE planning process (e.g., it does not require a feasibility study). However, projects that receive EI assistance are required to comply with other federal laws, such as the National Environmental Policy Act (42 U.S.C.

§§4321 et seq.) Generally, this results in USACE preparing an environmental assessment (EA) for the project and ultimately signing a Finding of No Significant Impact if USACE is to proceed with the project.

12 Evolution of Environmental Infrastructure Assistance Authorities Since 1992, Congress has authorized EI assistance for specific geographic areas, amended existing EI authorities, and established processes that deauthorized some EI authorities. Originally, Section 219 of WRDA 1992 authorized design assistance for 18 projects.

Other sections of WRDA 1992 authorized design and construction assistance for EI assistance projects and programs in selected geographic areas (e.g., Section 340, Southern West Virginia). WRDA 1996 (P. L.

104-303) added construction assistance for certain Section 219 authorities. In subsequent WRDAs through WRDA 2007 (P. L.

110-114) and in selected appropriations laws (e.g., Appendix D of Consolidated Appropriations Act, 2001; P. L. 106-554), Congress authorized new and amended existing USACE EI assistance authorities.

For example, WRDA 2007 added approximately $2. 7 billion in authorization of appropriations for EI assistance. Authority Modifications from 2014 to 2020 Congress did not authorize new EI assistance in WRDAs from 2014 through 2020, but modified certain EI authorities in these WRDAs.

Among other reasons, Congress did not enact new authorities during this time due to policies restricting congressionally directed authorization and appropriations (i.e., earmarks ) in the 112 th -116 th Congresses. Congress provided a process for nonfederal sponsors to propose modifications to EI assistance authorities when WRDA 2016 (P. L.

114-322, Title I) expanded Section 7001 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014; P. L. 113-121).

13 Through the Section 7001 proposal process , nonfederal sponsors may propose modifications to existing EI assistance authorizations (e.g., expand the location, amend eligible project types, or adjust the authorization of appropriations). 14 This process requires USACE to annually submit a report to Congress identifying proposals by nonfederal interests that meet certain criteria.

Congress may consider these proposals as part of WRDA deliberations. For example, in WRDA 2020 (P. L.

116- 260, Division AA), Congress amended 14 EI assistance authorities to increase their authorizations 11 Model agreements are located at USACE, “Models for Environmental Infrastructure,” https://www. usace. army.

mil/ Missions/Civil-Works/Project-Partnership-Agreements/model_env-inf/. 12 For instance, USACE has developed Program Implementation Guidance for the Northern West Virginia EI program, authorized by Section 571 of WRDA 1999, as amended (originally the Central West Virginia EI program until WRDA 2022).

The guidance states: “Compliance with the National Environmental Policy Act of 1969 requires the development and coordination of an Environmental Assessment and Finding of No Significant Impact or an Environmental Impact Statement and Record of Decision, as appropriate. ” The guidance also states that the nonfederal sponsor is responsible for obtaining all necessary permits and licenses.

USACE, Central West Virginia Environmental Infrastructure and Resource Protection and Development Program, Program Implementation Guidance , December 20, 2020, https://usace. contentdm. oclc.

org/digital/api/collection/p16021coll11/id/4822/download. 14 For more information on the Section 7001 proposal process, see CRS Insight IN11118, Army Corps of Engineers: Section 7001 Report on Future Studies and Projects , by Anna E. Normand.

Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Congressional Research Service 4 of appropriations as proposed through the 7001 process. For four of the EI authorities, WRDA 2020 expanded the authorized geographic scope or types of eligible activities.

New and Modified Authorities in WRDA 2022 and WRDA 2024 The 117 th and 118 th Congresses enacted new and amended EI assistance authorities in WRDA 2022 and WRDA 2024.

Due to changes in policies that previously restricted congressionally directed authorizations, the Senate Environment and Public Works Committee (EPW) and the House Transportation and Infrastructure Committee (T&I) both considered Member proposals to add or amend EI assistance authorities and proposals transmitted by the Administration (e.g., nonfederal proposals to amend EI assistance authorities included in a Section 7001 report) when developing WRDA 2022 and WRDA 2024.

In total, WRDA 2022 increased the authorization of appropriations for EI by $6. 6 billion, then WRDA 2024 further increased the authorization of appropriations by an aditional $5. 4 billion.

EI provisions in these enacted WRDAs varied by the type of infrastructure eligible for assistance, the geographic area covered, and the authorization of appropriations. New EI assistance authorities in the WRDAs included authorities pertaining to a specific water district, cities, counties, and states.

In particular, WRDA 2022 expanded the geographic scope of EI assistance authorities to include all or some parts of Delaware, Guam, Hawaii, Massachusetts, and Washington, which previously did not have EI authorities. New authorization of appropriations for EI assistance authorities in the WRDAs ranged from $170,000 to $270.

0 million, and amendments to EI assistance authorizations included increasing authorization of appropriations for those authorities ranging from $1. 4 million to $184. 0 million.

Most provisions in the WRDAs authorized eligible activities that are similar to previous EI authorities; however, additional specified activities included groundwater recharge, water recycling, water reclamation, natural and nature-based infrastructure, water quality enhancement, and resilience measures for such infrastructure in regard to drought, coastal flooding, and earthquakes.

WRDA 2024 also included cost-share adjustments for some authorities and projects benefitting economically disadvantaged communities.

15 WRDA 2022 included the following sections related to EI assistance authorities: 16 • Section 8311 amended the Acequias Irrigation Systems EI assistance authority (Section 113 of WRDA 1986, as amended); • Sections 8319, 8353, and 8359 authorized new programmatic EI assistance authorities for Los Angeles County, CA; Northern Missouri; and Southwestern Oregon, respectively; • Sections 8373 and 8374 amended two programmatic EI assistance authorities for West Virginia; 15 Generally, these provisions increased the federal cost share to 90% for projects benefitting economically disadvantaged communities.

WRDA 2024 did not authorize this cost-share adjustment for all authorities (i.e., some programmatic authorities do not include this provision), and the provision relating to Section 219 authorities is a pilot program with an annual limit on the increased federal costs. 16 In addition, Section 8376 amended the Chesapeake Bay Environmental Restoration and Protection Program (§510 of WRDA 1996 [P. L.

104-303], as amended) to include eligible activities that are similar to other EI assistance authority activities. USACE has allocated funding for aquatic ecosystem restoration to this program (i.e., the program does not recieve EI assistance funding). WRDA 2022 also authorized a Chattahoochee River Program at $40.

0 million (§8144) and Lower Mississippi River Demonstration Program at $40. 0 million (§8145); both program authorities have similarities to the Chesapeake Bay Environmental Restoration and Protection Program and EI assistance authorities, but CRS could not determine if Congress or USACE would consider the programs as EI assistance authorities or aquatic ecosystem restoration authorities.

Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Congressional Research Service 5 • Section 8375 amended 24 Section 219 EI assistance authorities, including 2 that were reauthorized, and added 132 new Section 219 assistance authorities; and • Section 8376 amended 12 programmatic EI assistance authorities.

WRDA 2024 included the following sections related to EI assistance authorities: • Section 1304(a) authorized 193 new Section 219 EI assistance authorities; • Section 1304(b)(2) amended 53 Section 219 EI assistance authorities, including one that was reauthorized, and 11 programmatic EI assistance authorities; 17 • Section 1305 created a seven-year pilot program to increase the federal cost share for Section 219 EI assistance projects that benefit economically disadvantaged communities from 75% to 90%; 18 • Sections 1332, 1340, 1344, 1348, 1349 authorized new programmatic EI assistance authorities for Western Washington State, WA; Kentucky and West Virginia; Southeastern North Carolina, NC; Oregon; and Pennsylvania, respectively; 19 • Sections 1330, 1347, 1352, and 1353 amended four programmatic EI assistance authorities; 20 and • Section 1355 amended the Acequias Irrigation Systems EI assistance authority.

21 Deauthorization Processes In WRDAs, Congress has authorized various processes to deauthorize existing authorities meeting certain criteria. 22 These processes have twice resulted in the deauthorization of EI assistance authorities. 23 • In Section 1001(b)(2) of WRDA 1986, as amended (33 U.S.C.

§579a(b)(2)), Congress enacted a deauthorization process that USACE used in 2009 to deauthorize certain EI assistance authorities.

24 • In WRRDA 2014, Congress enacted a one-time deauthorization process (i.e., the authority was for developing one list) that the Assistant Secretary of the Army for 17 This section included amendments to the Los Angeles County and Northern Missouri programmatic authorities to provide for a federal cost share of 90% for projects benefiting economically disadvantaged communities; other amendments to programmatic authorities in this section did not include this cost-share adjustment.

18 The authorization also limits the total increase in the federal share for all projects in a fiscal year to $10 million. 19 Sections 1332 and 1344 provide for a federal cost share of 90% for projects benefiting economically disadvantaged communities. Section 1332 also repealed Section 219(f)(404) of WRDA 1992, as amended.

20 Amendments to these authorities included providing for a federal cost share of 90% for projects that benefit economically disadvantaged communities. 21 The Acequias Irrigation Systems EI assistance authority already included a 90% federal cost share for projects benefitting economically disadvantaged communities. The amendment to the authority provided that reconnaissance studies are to be 100% federal.

22 For more information on processes to deauthorize USACE authorities, see section on “Deauthorization and Divestiture” in CRS Report R47946, Process for U.S. Army Corps of Engineers (USACE) Projects , by Nicole T. Carter and Anna E. Normand.

23 CRS has not identified any enacted provisions where Congress has deauthorized individual EI assistance authorities. 24 See the deauthorization list published in 74 Federal Register 31713-31715, July 2, 2009, which deauthorized six authorities.

Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Congressional Research Service 6 Civil Works (ASACW) used in 2016 to deauthorize certain EI assistance authorities. 25 Although Congress has amended the ASACW’s authority to deauthorize USACE projects multiple times between enactment of WRRDA 2014 and WRDA 2024, these processes were not used.

Whereas some prior USACE deauthorization process authorities excluded EI assistance authorities, the current deauthorization process as established by WRDA 2024 (33 U.S.C. §579d– 2) does not explicitly exclude EI authorities from the deauthorization process. The current process is not automatic based on an ASACW-produced final deauthorization list.

Pursuant to WRDA 2024, the ASACW’s role in deauthorization concludes with the ASACW’s submission of a final deauthorization list to Congress for review (i.e., no automatic deauthorization without congressional action to deauthorze authorities on the list).

The current process applies to project authorities enacted before June 10, 2014 (i.e., authorities in acts prior to WRRDA 2014), that (1) have not been initiated as of WRDA 2024 enactment or (2) have not had federal or nonfederal funding for the 10 preceding fiscal years. The first step in the deauthorization is for the ASACW to produce a list of those projects (i.e., produce a preliminary deauthorization list).

Funding for Environmental Infrastructure Assistance Although the President’s budget request, including for FY2025, typically does not include funding for EI assistance, Congress has regularly funded EI assistance through USACE’s Construction account in Energy and Water Development and Related Agencies annual appropriations acts. Congress also has funded EI assistance through supplemental or emergency appropriations.

At times, Congress has provided EI assistance funding based on Member requests (i.e., earmarks) and/or as additional funding for USACE to allocate in a work plan. Table 1 summarizes EI assistance funding information from FY2020 through FY2024. The sections below provide further details and analysis of the funding in these fiscal years.

A shaded text box also provides information regarding emergency funding for FY2025. Table 1. Funding for Environmental Infrastructure Assistance, FY2020-FY2024 ($ in millions, not adjusted for inflation) FY2020 FY2021 FY2022 FY2023 FY2024 a Total EI Funding $100.

0 $100. 0 $299. 5 $168.

5 $197. 7 CPF/CDS Funding NA NA $86. 5 $130.

5 $179. 8 Work Plan Additional Funding $100. 0 $100.

0 $13. 0 $18. 0 b $17.

9 Supplemental Funding — — $200. 0 $20. 0 — Number of Funded EI Authorities 27 21 46 34 44 Number of CPF/CDS Items c NA NA 25 33 48 Source: CRS, compiled from USACE Construction Work Plans (FY2020-FY2024), Infrastructure Investment and Jobs Act (IIJA; P.

L. 117-58), USACE’s IIJA FY2022 spend plan, and P. L.

117-180. Notes: CPF/CDS = Community Project Funding/Congressionally Directed Spending. EI = environmental infrastructure.

NA = Not Applicable. Work plans may list multiple line items and projects, including CPF/CDS 25 See the deauthorization list published in 81 Federal Register 16147-16153, March 25, 2016, which deauthorized 59 authorities. WRDA 2022 reauthorized two authorities for Louisiana parishes, and WRDA 2024 reauthorized one authority for Chester County, PA.

Overview of U.S. Army Corps of Engineers Environmental Infrastructure (EI) Assistance Congressional Research Service 7 items, under one EI authority. Does not include $300. 0 million in FY2025 emergency funding for EI assistance provided by Division B of P.

L. 118-158. a.

All EI funding for FY2024, including both CPF/CDS items and allocations in the work plan, were funded using IIJA appropriations. b. Division N, Title IV of P.

L. 117-328 provided $18. 0 million in emergency appropriations for USACE to allocate to EI assistance authorities in a work plan.

c. Multiple CPF/CDS items may be funded under a single EI authority. FY2020 and FY2021 Appropriations Prior to the 112 th Congress, Congress generally funded specific EI assistance authorities through direction in report language accompanying appropriations acts.

During the 112 th -116 th Congresses, when moratorium policies limited earmarks, Congress specified a funding amount for all EI assistance as part of the “additional funding” provided by Congress above the President’s budget request.

Reports and explanatory statements accompanying appropriations acts directed USACE to develop a work plan allocating additional funding, including the EI assistance funding, to projects within a certain timeframe (e.g., 60 days). 26 In addition, Congress provided guidance on how the Administration was to use the EI assistance funds. For both FY2020 and FY2021, Congress provided $100.

0 million in additional funding that USACE allocated among EI assistance authorities in the Construction work plan. In those fiscal years, Congress did not provide supplemental or emergency appropriations for EI assistance.

FY2022 Through FY2024 Appropriations In the 117 th and 118 th Congresses, annual appropriations processes allowed for Members to request funding for geographically specific projects, which were referred to as Community Project Funding (CPF) in the House and Congressionally Directed Spending (CDS) in the Senate.

In FY2022-FY2024, Congress funded CPF/CDS requests for EI assistance and directed USACE to allocate additional funding for EI assistance in work plans. During these fiscal years, supplemental appropriations also funded EI assistance. For FY2022, the explanatory statement accompanying Division D of the Consolidated Appropriations Act, 2022 (P.

L. 117-103), recommended $99. 5 million in annual appropriations to fund EI assistance, including (1) $86.

5 million to fund 25 CPF/CDS items and (2) $13. 0 million that USACE allocated to five EI authorities in its FY2022 Construction work plan. 27 Division J, Title III, of the Infrastructure Investment and Jobs Act (IIJA; P.

L. 117-58) also provided $200. 0 million in FY2022 Construction appropriations for EI assistance authorities, which USACE allocated in its FY2022 IIJA Construction spend plan as required by that act.

28 In FY2023, Congress provided $168. 5 million for USACE EI assistance authorities. The explanatory statement accompanying Division D of the Consolidated Appropriations Act, 2023 (P.

L. 117-328), included recommendations to fund 32 CPF/CDS items for EI assistance that totaled $130. 5 million.

29 In addition, Division N, Title IV, of P. L. 117-328 provided $18.

0 million 26 USACE work plans are available at USACE, “Civil Works and Budget Performance,” https://www. usace. army.

mil/ Missions/Civil-Works/Budget/#Work-Plans. 27 The explanatory statement accompanying Division D of the Consolidated Appropriations Act, 2022 (P. L.

117-103), is available at https://www. congress. gov/117/crec/2022/12/20/168/198/CREC-2022-12-20-pt1-PgS7819-2.

pdf. 28 Congress provided no direction in the act on which EI assistance authorities to