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Updated July 18, 2022
Army Corps of Engineers: Continuing Authorities Programs
The U.S. Army Corps of Engineers (USACE) undertakes
The design and construction phases include the final design
water resource development projects pursuant to
and specifications, real estate acquisition, and project
authorizing statutes and the receipt of appropriations. The
contracting and physical construction. According to
standard process for a USACE project requires two separate
USACE, funded CAP projects generally take three years
congressional authorizations—one for studying feasibility
from feasibility phase initiation to construction completion.
and a subsequent one for construction—as well as
appropriations for both (see CRS Report R45185, Army
Table 1. Selected Continuing Authorities Programs
Corps of Engineers: Water Resource Authorization and
Project Delivery Processes). Additionally, Congress has
CAP
Eligible Activities
Authority
granted USACE programmatic authorities to undertake
§14
Streambank erosion and
33 U.S.C. §701r
cost-shared projects of limited scope and cost without
shoreline protection of public
requiring project-specific congressional authorization.
works and nonprofit services
These programmatic USACE authorities are referred to as
Continuing Authorities Programs (CAPs). Congress has
§103
Beach erosion control
33 U.S.C. §426g
consistently funded USACE CAPs above the President’s
§107
Navigation improvement
33 U.S.C. §577
request since FY2013.
§111
Prevention/mitigation of
33 U.S.C. §426i
Types of CAP Projects
shore damage by federal
Purposes of CAP projects may include reducing damage to
navigation projects
life and property from flooding, improving navigation, and
§204
Regional sediment
33 U.S.C. §2326
protecting and restoring aquatic ecosystems, among others
management/beneficial use of
(see Table 1). CAPs typically are referred to by the section
dredged material
number of the law in which the CAP was first authorized.
§205
Flood control (including ice
33 U.S.C. §701s
Requesting a CAP Project
jam prevention)
Generally, Congress appropriates funding for CAP
programs and USACE identifies which CAP projects it will
§206
Aquatic ecosystem
33 U.S.C. §2330
perform using the program’s appropriations. At times,
restoration
Congress has specified individual CAP projects that the
§208
Removal of obstructions and
33 U.S.C. §701g
appropriations should support (e.g., Community Project
clearing channels for flood
Funding/Congressionally Directed Spending [CPF/CDS] in
control
FY2022 annual appropriations). For a nonfederal sponsor
(e.g., a local government or nonprofit entity with local
§1135
Project modifications for
33 U.S.C. §2309a
government consent) to initiate a CAP project, the
improvement of the
nonfederal sponsor sends a letter to the appropriate USACE
environment
district describing the water resource problem and
Source: Congressional Research Service (CRS).
requesting assistance with a project. (Many USACE district
Note: CAPs typical y are referred to by the section number of the
websites include CAP letter templates.) USACE determines
law in which the CAP was first authorized.
if there is federal interest to proceed with the requested
project, if the project fits under a CAP authority, and if
Nonfederal Responsibilities
funding is available.
The CAP authorities, similar to the standard USACE
project authorities, require a nonfederal sponsor to share
Project Process: Feasibility and Construction
project feasibility and construction costs and other
CAP projects move through a feasibility phase, a design
responsibilities, including obtaining real estate interests.
phase, and a construction phase. During the feasibility
Federal funds pay for the first $100,000 of the feasibility
phase, USACE develops alternative plans to achieve project
phase, with additional feasibility costs generally shared
goals, initial design and cost estimations, environmental
50% federal and 50% nonfederal.
impact analyses, and real estate evaluation. The feasibility
phase concludes with USACE identifying the preferred
The nonfederal sponsor and USACE sign a project
project alternative. For CAP projects, the design and
partnership agreement prior to construction. Cost sharing
construction phases can immediately follow the feasibility
for construction varies by CAP authority, as shown in
phase (i.e., without project-specific congressional
Table 2. Nonfederal sponsors may fulfill cost-share
authorization), subject to the availability of appropriations.
contributions with cash; work-in-kind credit; and/or lands,
easements, rights-of-way, relocations, and disposal areas.
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Army Corps of Engineers: Continuing Authorities Programs
Upon construction completion, USACE transfers the
Figure 1. CAP Funding Authorizations, Budget
project to the sponsor, who is responsible for operations,
Requests, and Annual Appropriations
maintenance, and most repairs and rehabilitation (except for
(aggregated amounts for CAPs in nominal dol ars)
commercial navigation pursuant to Section 107 CAP).
In some cases, Congress has provided for certain USACE
project costs, including CAP project costs, to be undertaken
at a greater federal expense (e.g., 33 U.S.C. §2310 and 33
U.S.C. §2267b). Section 165(a) of the Water Resources
Development Act of 2020 (WRDA 2020; Division AA of
P.L. 116-260) authorized a pilot program for USACE to
conduct 10 CAP projects at full federal expense for small or
economically disadvantaged communities.
Table 2. CAP Project and Program Limits, FY2022
Enacted Annual Appropriations, FY2023 Request
(in millions of dol ars)
Max.
Per
Annual
FY2022 Annual
Federal Project Federal
Appropriations
Cost
Federal Program
(A) and FY2023
CAP
Share
Limit
Limita
Request (R)
§14
65%
$5.0
$25.5
$8.0 (A); $0.0 (R)
§103
65%
$10.0
$38.0
$1.0 (A); $0.0 (R)
§107
Variesb
$10.0
$63.0
$2.5 (A); $0.0 (R)
§111
Variesc
$12.5
NA
$2.5 (A); $0.0 (R)
§204
65%
$10.0
$63.0 $10.0 (A); $1.0 (R)
§205
65%
$10.0
$69.3 $10.0 (A); $1.0 (R)
Source: CRS using statutes, USACE Budget Press Book, and reports
§206
65%
$10.0
$63.0 $11.0 (A); $1.0 (R)
accompanying enacted USACE appropriations.
§208
65%
$0.50
$8.0
$0.0 (A); $0.0 (R)
Note: Funding does not include §111 (due to no authorized annual
program limit) or supplemental appropriations.
§1135
75%
$10.0
$50.5
$8.0 (A); $1.5 (R)
Sources: CRS using statutes, Engineer Pamphlet 1105-2-58,
Supplemental Appropriations for CAPs
explanatory statement accompanying enacted FY2022 appropriations,
In some supplemental appropriations provided for USACE,
and FY2023 Budget Request.
Congress has directed appropriations for CAPs or specified
Notes: NA = not applicable.
up to a certain amount of construction appropriations for
a.
CAPs. For example, Congress provided $465 million in the
Division AA of P.L. 116-260 increased annual CAP funding
authorization levels for FY2021 through FY2024 by $500,000
Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58)
compared with FY2020 levels; FY2023 levels are shown here.
for seven CAPs and WRDA 2020 Section 165(a) CAP pilot
b.
program. Of the $465 million, IIJA identified $115 million
Varies based on depth and 50% for recreational navigation.
for Section 206 CAP projects at full federal expense and no
c. Same as the project causing the damage.
project cost limit to remove in-stream barriers for fish and
Annual Appropriations for CAPs
wildlife passage and to provide technical assistance to
nonfederal entities for these activities. Of the CAP
Congress has limited the per project federal funding for
appropriations, USACE’s FY2022 IIJA spend plan
CAP authorities (Table 2). Each CAP, except for Section
allocated $203 million to at least 178 CAP projects (of
111, has an annual program funding authorization limit
which only $5 million is for an unspecified number of new
(Table 2). As shown in Figure 1, the Administration
CAP projects and the rest is for ongoing CAP projects) and
budget requests and annual appropriations from Congress
$500,000 for technical assistance. For the Disaster Relief
have included less funding for CAPs than the authorized
Supplemental Appropriations Act, 2022 (Division B of P.L.
funding levels. Since FY2015, Administrations have
117-43), Congress stipulated that USACE could allocate up
requested less than $10 million annually for CAPs
to $65 million of the $3 billion provided for construction
combined. The Biden Administration did not request
appropriations to CAP projects for flood and storm risk
FY2023 funding for Section 14, 103, 107, 111, and 208
reduction (at 100% federal expense if an ongoing project).
projects. In annual appropriations, Congress has continually
As of June 2022, USACE reports no allocation of funding
provided more CAP funding than requested. For example,
to CAP projects in its P.L. 117-43 spend plan.
Congress appropriated a total of $53.0 million for FY2022
annual appropriations, compared with the Administration’s
Anna E. Normand, Analyst in Natural Resources Policy
request of $4.5 million. Of the amount Congress provided,
IF11106
$3.2 million was for 16 CPF/CDS requested CAP projects.
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Army Corps of Engineers: Continuing Authorities Programs
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