21 May 2018

BUILD: Funding Increase + Focus On Rural = Stiff Urban Competition

BUILD: Funding Increase + Focus On Rural = Stiff Urban Competition

The first round of the Better Utilizing Investments to Leverage Development (BUILD) grant program will provide $1.5 billion for infrastructure projects – three times the amount available in most rounds of TIGER.  Notwithstanding this increase, one might caution would-be applicants to think about other words that could be used to fill out the BUILD acronym: Better Understand Impacts (of) Limited Dollars.  The Administration’s emphasis on rural projects and limits on awards per state, coupled with the perception of a major increase in awards by way of increased funding availability, could potentially – and beguilingly – result in more competition and tighter funding for urban projects.


Rural set aside.  The Notice of Funding Opportunity (NOFO) sets aside not less than 30% of BUILD funding for rural projects ($450 million).  DOT staff has clearly indicated this is a minimum and it is possible rural projects will secure a much higher percentage – perhaps 50% or more.  Apparently DOT is looking back at funding distribution over the history of TIGER and will work to rebalance funding which is viewed as having been historically tilted heavily in favor of urban projects.

 

$150 million per state maximum.  This round limits awards to no more than $150 million total for a single state.  Mega urban projects could be constrained by this limitation.

 

Perception of increased opportunity.  Well-placed individuals recently pointed out the announcement of a major funding increase for BUILD is likely to result in a major increase in the number of applications submitted.  While BUILD will provide three times TIGER-level funding, the amount made available is still unimpressive when compared to the need.  Forty-one projects won grants totaling $487 million in TIGER 2017.  Approximately 420 applications totaling $6 billion were submitted.  The math shows TIGER 2017 covered just 8% of the aggregate amount requested. Out of the 420 applications, 120 applications totaling $2 billion were deemed “Highly Recommended” by the initial review team at DOT – the threshold requirement to enter the final rounds of consideration.  Approximately 250 applications were also deemed “Recommended.”  Many of the applicants receiving “Highly Recommended” and “Recommended” status will consider applying for BUILD funding. The well-publicized increase in program funding is also likely to prompt more first time applicants, presumably including more urban project applications. More applications, coupled with what could turn out to be near static funding for urban projects, means the chances to secure a grant for an urban project could remain the same or actually decrease.

 

Information on BUILD grants, including a link to the NOFO and other helpful information, is here.

 

Good Luck!

Blog TopicTransportation
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Overview

The Water Resources Development Act (WRDA) serves as the primary vehicle through which Congress authorizes U.S. Army Corps of Engineers civil works projects and establishes policy frameworks for water resource development nationwide. Enacted on a biennial schedule, WRDAs provide congressional authorization for USACE to conduct feasibility studies, construct flood risk reduction projects, improve navigation infrastructure, restore aquatic ecosystems, and assist with environmental infrastructure development.
Since the enactment of WRDA 1986, Congress has used these omnibus authorization bills to both create new USACE authorities and refine existing programs based on evolving national priorities and lessons learned from program implementation. Recent WRDAs have addressed critical issues including drought resilience, water supply development, infrastructure modernization, and support for economically disadvantaged communities.
The most recent legislation, the Water Resources Development Act of 2024 (WRDA 2024, P.L. 118-272), continued Congress's bipartisan commitment to strengthening America's water infrastructure by authorizing new construction projects, modifying existing authorities, and establishing updated policy guidance for USACE operations. WRDA 2024 also authorized five new regional environmental infrastructure programs, each incorporating flexible delivery mechanisms that allow federal assistance to be provided through grants or reimbursements to nonfederal sponsors.
Authorization through WRDA is typically a prerequisite for USACE activities to receive federal appropriations through the annual Energy and Water Development appropriations process. This two-step framework—authorization followed by appropriation—ensures congressional oversight of both program scope and funding levels.
Section 219 of WRDA 1992, as amended, represents one of USACE's most geographically expansive environmental infrastructure assistance authorities. Originally enacted to authorize design assistance for 18 specific projects, Section 219 has been amended by subsequent Congresses to authorize both design and construction assistance for water-related environmental infrastructure in hundreds of municipalities, counties, and states across the nation.
The Congressional Research Service has identified over 600 environmental infrastructure assistance authorities with cumulative authorizations of appropriations totaling approximately $18.1 billion. Section 219 authorities constitute the majority of these geographically specific project authorizations, covering at least 46 states, the District of Columbia, and four U.S. territories.
Section 219 projects address critical community needs including wastewater treatment facilities, water supply and distribution systems, stormwater management infrastructure, surface water protection, and environmental restoration. These projects support public health, environmental quality, and economic development in communities that have secured congressional authorization for USACE assistance.
Congress has continued to expand Section 219 in recent legislation. WRDA 2022 added 132 new Section 219 authorities and amended 24 existing authorities. WRDA 2024 authorized an additional 193 new Section 219 authorities and amended 53 existing authorities, providing a combined $5.4 billion increase in authorization of appropriations. WRDA 2024 also established a seven-year pilot program to increase the federal cost share from 75 percent to 90 percent for Section 219 projects benefiting economically disadvantaged communities.
Unlike traditional USACE water resource projects, Section 219 assistance does not require completion of the agency's standard feasibility study process. However, projects receiving Section 219 assistance must comply with applicable federal environmental laws, including the National Environmental Policy Act.
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