link to page 1 link to page 2
Updated March 13, 2019
Army Corps of Engineers: Continuing Authorities Programs
The U.S. Army Corps of Engineers (USACE) undertakes
sponsor and USACE sign a project partnership agreement
water resources development projects pursuant to
prior to construction. Upon construction completion, the
authorizing statutes and the receipt of appropriations. The
sponsor is responsible for operations, maintenance, and
standard process for a USACE project requires two separate
most repairs and rehabilitation (except for commercial
congressional authorizations—one for studying feasibility
navigation pursuant Section 107 CAP, which allows for
and a subsequent one for construction—as well as
USACE operations and maintenance). According to
appropriations for both (see CRS Report R45185, Army
USACE, once funded, CAP projects generally take three
Corps of Engineers: Water Resource Authorization and
years from feasibility phase initiation to construction
Project Delivery Processes). Congress has granted USACE
completion.
general authorities to undertake some projects of limited
scope and cost without requiring project-specific
Table 1. Selected Continuing Authorities Programs
congressional authorization. These USACE authorities to
undertake such projects are referred to as Continuing
CAP
Eligible Activities
Authority
Authorities Programs (CAPs). Congress has consistently
§14
Streambank and shoreline
33 U.S.C. §701r
funded eight USACE CAPs in annual appropriations since
erosion of public works
FY2013.
and nonprofit services
Types of Projects
§103
Beach erosion/hurricane
33 U.S.C. §426g
Congress appropriates funding for CAP programs, not
storm damage reduction
individual projects. USACE has the discretion to identify
§107
Navigation improvement
33 U.S.C. §577
which projects it will perform within the provided
appropriations for each CAP. Purposes of CAP projects
§111
Prevention/mitigation of
33 U.S.C. §426i
may include reducing damage to life and property from
shore damage by federal
flooding, reducing stream bank erosion, and protecting and
navigation projects
restoring aquatic ecosystems, among others. CAPs typically
§204
Regional sediment
33 U.S.C. §2326
are referred to by the section number of the law in which
management/beneficial use
the CAP was first authorized (see Table 1).
of dredged material
Requesting a CAP Project
§205
Flood control (including ice 33 U.S.C. §701s
To initiate a CAP project, a nonfederal sponsor (e.g., a local
jam prevention)
government or nonprofit entity with local government
consent) sends a letter to the appropriate USACE district
§206
Aquatic ecosystem
33 U.S.C. §2330
describing the water resource problem and requesting
restoration
assistance with a project. (Template letters are available at
§1135
Project modifications for
33 U.S.C. §2309a
USACE district websites.) USACE determines if there is
improvement of the
federal interest to proceed with the requested project and if
environment
the project fits under a CAP authority.
Source: Congressional Research Service (CRS).
Project Process: Feasibility and Construction
Notes: Not shown are CAPs not funded recently (e.g., §208 CAP
All USACE projects, including CAP projects, consist of a
[33 U.S.C. §701g] for the removal of obstructions and clearing
feasibility phase and a construction phase. The feasibility
channels for flood control).
phase involves planning activities, such as development of
alternative plans to achieve the project goals; initial design
Nonfederal Responsibilities
and cost estimations; environmental impact analyses; and
The CAP authorities, similar to the standard USACE
real estate evaluation. The purposes of the feasibility phase
project authorities, require a nonfederal sponsor to share
include determining whether there is a federal interest in the
project feasibility and construction costs and other
project (e.g., identifying costs and benefits) and identifying
responsibilities, including obtaining real estate interests.
the preferred project alternative. For CAP projects, the
Federal funds pay for the first $100,000 of the feasibility
construction phase can immediately follow the feasibility
phase, with additional costs generally shared 50% federal
phase, subject to the availability of appropriations.
and 50% nonfederal. Cost sharing for construction varies
according to CAP authorities, as shown in Table 2. Local
The construction phase includes the final design and
sponsors can fulfill cost-share contributions with cash;
specifications, real estate acquisition, and project
work-in-kind credit; and/or lands, easements, rights-of-way,
contracting and physical construction. The nonfederal
relocations, and disposal areas. In some cases, Congress has
provided for certain USACE project costs, including CAP
https://crsreports.congress.gov