TFG Experts Compile Special Report on the Infrastructure Investment and Jobs Act

TFG outlined programs included in the Infrastructure Investment and Jobs Act critical to its clients in an exclusive Special Report.

WASHINGTON, D.C.—This week, longtime infrastructure and federal funding experts at The Ferguson Group (TFG), compiled an extensive Special Report on the 2,739 page Infrastructure Investment and Jobs Act recently passed by the United States Senate. Importantly, TFG staff members with expertise across all portfolios teamed up to highlight and interpret provisions of particular importance to clients. Clients will also receive timely updates on subsequent negotiations and actions in the U.S. House on the bill and future infrastructure and budget initiatives relevant to their priority projects.

“Our clients need every resource at their disposal to help their communities,” said Jennifer Imo, Managing Partner of Client Services. “But it’s incredibly difficult to filter and interpret the latest federal legislation, emergency funding, and budget provisions to target the right programs—that’s where we come in. Our Special Report distills down the massive Infrastructure Investment and Jobs Act to highlight the federal provisions our clients can advocate for and benefit from quickly.”

“I was pleased to work with my colleagues across issue areas to put together a comprehensive guide to the infrastructure package for our clients,” said Zachary Israel, Principal and Manager of Legislative Affairs. “If passed, this bill could be a real game-changer for our clients. We are also closely monitoring subsequent House actions on the Senate-passed Infrastructure Investment and Jobs Act, FY 2022 Community Project Funding (or “earmarks”), and the potential $3.5 trillion reconciliation package.”

Without a Congressional section-by-section summary currently available, the Special Report provides clients a needed breakdown of the 5-year surface transportation reauthorization bill and additional $550 billion in emergency infrastructure spending included in the Infrastructure Investment and Jobs Act.

The TFG Special Report on the Infrastructure Investment and Jobs Act summarizes and interprets relevant provisions such as:

Surface Transportation;
Surface Transportation Investment Act of 2021;
Transit;
Energy;
Drinking Water and Wastewater Infrastructure;
Broadband;
Revenue Provisions;
Infrastructure Investments and Jobs Appropriations Act; and
Next Steps.

Overview

Water Resources Development Act (WRDA)

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 Environmental Infrastructure

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.

Grant Due Industry Transformation: FY 2025 Disaster Supplemental Grant Program

WHAT DOES IT FUND? This program will help communities and regions devise and implement long-term economic recovery strategies through a variety of non-construction and construction projects to address economic challenges in areas where a Presidential declaration of a major disaster occurring in calendar years 2023 and 2024 was issued. Click here for more information.

WHO'S ELIGIBLE? District organizations of EDA-designated economic development districts (EDDs); Indian tribes or consortia of tribes; states, counties, cities, or other political subdivisions of a state; institutions of higher education or consortia of institutions of higher education; and public or private nonprofit organizations or associations

TOTAL FUNDING AMOUNT? $1,447,000,000

WHEN IS IT DUE? March 3, 2026 (Industry Transformation); Rolling (Readiness and Implementation)

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