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Environmental Requirements Addressed During Corps Civil Works Project Planning
the chart above, such activities would take place largely within the overall planning process.
Anecdotal evidence indicates that individual projects may take longer than anticipated due to
disagreements with federal resource agencies or state permitting agencies, but there are limited
data available to determine whether such delays are systemic. Instead, issues that may lead to
such delays are likely project-specific.
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.28 For example, in terms of the project development process, years
may pass between the following:
" Approval to initiate a study to the appropriation of federal funds. Funds to
initiate new studies have been limited in recent years. As a result, many
authorized studies never receive appropriations or take several years before initial
funding.
" Transition from the reconnaissance phase to the feasibility phase. Authorized
studies are subject to annual funding during the budget process. Overall study
funding has been limited in recent years. Also, feasibility phase funding has
received more scrutiny during the budget process in recent years. As a result,
moving from the reconnaissance to the feasibility phase may take years or may
never occur.
" Transmission of the feasibility report to Congress to construction
authorization. Congress chooses to authorize most Corps projects in Water
Resources Development Acts. While consideration of WRDA bills has been
fairly regular, enactment has not been. Only two WRDAs have been enacted in
the past 13 years (in 2000 and 2007). While waiting for authorization, the Corps
can continue with preconstruction engineering and design (PED) activities, if it is
funded to do so, but cannot move forward until the project is approved by
Congress.
" Construction authorization to the appropriation of construction funds. Once
the project receives congressional authorization, federal funds for construction
may be sought in the annual Energy and Water Development Appropriations Act.
Competition for inclusion in annual appropriations has curtailed the initiation of
28 On June 5, 2013, Major General Michael Walsh, Deputy Commanding General for Civil and Emergency Operations,
testified before the House Committee on Transportation and Infrastructure, Subcommittee on Water Resources and
Environment's hearing "A Review of the United States Army Corps of Engineer's Reports" (testimony available at
http://transportation.house. gov/hearing/review-united-states-army-corps-engineers-chief%/ E2%80%99s-reports). In
response to various questions from several Members of Congress, the General discussed issues that may delay project
delivery, as well as efforts being implemented by the Corps to streamline project delivery. Processes or procedures
related to meeting environmental compliance requirements were not included among those that delay projects or that
were being changed to accelerate delivery, he testified. The limited availability of funds necessary to continue the
number of projects authorized for construction was identified as the primary factor that affects the timing of project
delivery. When asked specifically whether or which environmental regulatory requirements implemented by outside
agencies could be eliminated to expedite project delivery, the General stated that he could not identify a single set of
requirements established by Congress that he would suggest eliminating to streamline the process.
Congressional Research Service
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