USACE ProjectPartnership Agreements: Problematic Provisions for Non-Federal Sponsors

Cost-shared water resource development projects led by the U.S. Army Corps of Engineers (USACE or Corps) require an agreement in writing between USACE and the project’s nonfederal sponsor. Such an agreement, known as a Project Partnership Agreement (PPA), is crucial to the successful construction and operation of proposed water resource development projects across the country. The PPA serves as a framework for the nature of the partnership throughout the course of the project’s life.The partners’ ability to enter into and implement these agreements is an important factor in the successful advancement of non-structural, natural, and nature-based solutions through the Corps’ authorities.

This report examines project partnership agreements, their role in the greater context of water resource development projects, and common obstacles the agreements pose for the non-federal partner. We identify particularly challenging provisions included within the model PPAs, the provisions’ legal origins, and their actual and perceived impacts.