January 12, 2026
UMRBA requested that Congress reform the liability terms of the U.S. Army Corps of Engineers’ (USACE) project partnership agreements (PPAs) in the Water Resources Development Act (WRDA) of 2026..
The key impediments include the terms requiring the non-federal sponsor to assume complete liability for constructed projects (except for when fault or negligence is proven) and operations, maintenance, repair, replacement, and rehabilitation (OMRR&R) in perpetuity. UMRBA asserts that these terms are simply not reasonable and are not acceptable to many states, local communities, and nonprofit organizations. At a fundamental level, the current PPA terms conflict with many states’ constitutions and tort law.
