DeFazio, Napolitano, and García Press Army Corps to Finalize Implementation of Modernized Project Guidelines—Key to Advancing Equity and Environmental Justice
T&I Democrats to the Corps and CEQ: “We must ensure that the historic investments in the Corps’ water resources infrastructure being made through the Infrastructure Investments and Jobs Act and other critical funding programs are not formulated using a 1980’s perspective”
Washington, DC – Chair of the House Committee on Transportation and Infrastructure Peter DeFazio (D-OR), Chair of the Subcommittee on Water Resources and Environment Grace F. Napolitano (D-CA), and Congressman Jesús G. "Chuy" García (D-IL) yesterday pressed the U.S. Army Corps of Engineers (Corps) to finalize its implementation of modernized Principles, Requirements, and Guidelines (PR&G)—the criteria that the Corps uses to evaluate the benefits of a project.
In the Water Resources Development Act of 2020 (WRDA 2020), Congress directed the Corps to issue final agency procedures necessary to implement the new PR&G, which will maximize sustainable development, promote environmental justice, transparency, and meaningful engagement, and consider the full range of benefits for future water resources development projects. In January 2021, Chairs DeFazio and Napolitano urged the Corps to swiftly implement key provisions from WRDA 2020—including the modernized PR&G—in order to give the Biden administration the tools it needs to meet its resiliency and climate goals.
“In WRDA 2020, acknowledging that the Corps had still not implemented the PR&G into its missions, Congress included a provision that required the Secretary of the Army to issue final agency procedures to formally adopt the PR&G for the Corps,” the members wrote. “This legislation included a 180-day deadline for the issuance of these procedures, meaning they are now more than seven months late. We urge you to complete this work, now twice statutorily required, and implement these long-awaited updates.”
The members continued: “The impacts of the PR&G are not as simple as ‘modernization’ alone. These updates will allow the Corps to fully identify the national, regional, environmental, and societal benefits of future water resources development projects. They will promote better investment of federal funds by analyzing a broader range of long-term costs and benefits. The PR&G will increase community engagement and collaboration, leading to stronger local support and more desirable outcomes. They will also promote the consideration of climate change, extreme weather, and resiliency in studying and planning Corps projects. Project consideration will, in short, be far more inclusive and flexible.”
The members concluded by underscoring the importance of finalizing implementation of the PR&G in order to achieve the goals outlined in the Biden administration’s Build Back Better agenda, which includes being more comprehensive, more inclusive, and more economically, socially, and environmentally responsive to local needs.
The full letter can be found below and here.
The Honorable Michael L. Connor
Assistant Secretary of the Army for Civil Works
Department of the Army
108 Army Pentagon
Washington, D.C. 20310-0108
The Honorable Brenda Mallory
Chair
Council on Environmental Quality
Executive Office of the President
730 Jackson Place NW
Washington, D.C. 20503
Dear Assistant Secretary Connor and Chair Mallory:
We urge your immediate action to finalize implementation of the “Principles and Requirements for Federal Investments in Water Resources” and the associated interagency guidelines for the U.S. Army Corps of Engineers (Corps).[1] In the Water Resources Development Act of 2020, Congress directed the Corps to issue final agency procedures necessary to implement the new Principles, Requirements, and Guidelines (PR&G).[2] Prompt implementation of the PR&G is essential to ensure the Corps maximizes sustainable development, promotes environmental justice, transparency, and meaningful engagement, and considers the full range of benefits for future water resources development projects.
In 2007, Congress recognized that the rules governing how federal agencies evaluate potential water resources development projects had become antiquated—focusing on an overly-narrow set of parameters to evaluate federal investments that made it difficult for federal agencies to address unique local water resource needs, or worse, precluded agencies from recommending project alternatives favored by local communities. In the Water Resources Development Act of 2007[3], Congress directed federal agencies, including the Corps, to update and modernize the 1983 Principles and Guidelines[4], and specifically required that water resources projects maximize sustainable economic development, avoid the unwise use of floodplains, and protect and restore natural ecosystems, while ensuring the consideration of environmental justice concerns.
The Council on Environmental Quality (CEQ) led the comprehensive effort to modernize the guidelines, involving the full range of federal agencies engaged in water resources planning. CEQ issued final “Principles and Requirements”[5]for all federal investments in water infrastructure, as well as final “Interagency Guidelines”[6] for implementing the updates. Both included public comment periods, incorporated stakeholder input, and utilized interagency collaboration. Together, these documents comprise the PR&G that was meant to replace the 1983 guidelines and constitute the framework for analyzing federal investments in water resources. With these efforts, CEQ incorporated a full-spectrum approach to projects and successfully aligned water investment policies across the federal government.
It is our understanding that every federal water resource agency, other than the Corps, has formally adopted the PR&G. In WRDA 2020, acknowledging that the Corps had still not implemented the PR&G into its missions, Congress included a provision that required the Secretary of the Army to issue final agency procedures to formally adopt the PR&G for the Corps. This legislation included a 180-day deadline for the issuance of these procedures, meaning they are now more than seven months late. We urge you to complete this work, now twice statutorily required, and implement these long-awaited updates.
The impacts of the PR&G are not as simple as “modernization” alone. These updates will allow the Corps to fully identify the national, regional, environmental, and societal benefits of future water resources development projects. They will promote better investment of federal funds by analyzing a broader range of long-term costs and benefits. The PR&G will increase community engagement and collaboration, leading to stronger local support and more desirable outcomes. They will also promote the consideration of climate change, extreme weather, and resiliency in studying and planning Corps projects. Project consideration will, in short, be far more inclusive and flexible.
Finalizing the PR&G is also a critical step to align the administration’s priorities with the Corps’ mission areas. They will ensure that federal dollars invested in water infrastructure are spent responsibly, and on projects that are designed for 21st century issues such as drought, floods, rising tides, and preserving our natural resources. Once implemented, the PR&G will allow the Corps to consider wider perspectives when evaluating projects, such as community risk, ability to pay, and long-standing environmental injustices. Full implementation of the PR&G will also help ensure that the important work of the Corps is accessible to all communities, ensuring that rural, Tribal, and economically-disadvantaged areas can benefit from the Corps’ expertise to address local water resource challenges.
As you know, the PR&G applies only to the Corps’ project and programmatic authorities and does not modify the Corps’ regulatory actions and authorities. Accordingly, implementation of the PR&G will have no impact on permitting timelines, consultation, or scope. Corps actions under the Clean Water Act and Endangered Species Act, for example, are outside of the scope of the PR&G. Thus, these changes can be incorporated without any concerns for project or permitting delays.
We must ensure that the historic investments in the Corps’ water resources infrastructure being made through the Infrastructure Investments and Jobs Actand other critical funding programs are not formulated using a 1980’s perspective. As this administration seeks to #BuildBackBetter, it is essential that you, finally, put in place the tools for water resources project development that are more comprehensive, more inclusive, and more economically, socially, and environmentally responsive to local needs.
Accordingly, we urge your immediate action to finalize implementation.
PETER A. DeFAZIO
Chair
Committee on Transportation and Infrastructure
GRACE NAPOLITANO
Chair
Subcommittee on Water Resources and Environment
JESÚS G. "CHUY" GARCÍA
Member of Congress
cc: Ms. Candice Vahlsing
Associate Director for Climate, Energy, Environment, and Science
Office of Management and Budget
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