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April 18, 2024
Continuing Authorities Programs (CAPs) of the U.S. Army
Corps of Engineers
The U.S. Army Corps of Engineers (USACE) can study and
As part of the annual Energy and Water Development
implement certain types of water resource projects without
appropriations process, CAP authorities typically are
project-specific congressional authorization under its
funded by a line item for each CAP in the USACE
programmatic authorities, known as continuing authorities
Construction account. At times, some CAPs have been
programs (CAPs). Pursuant to congressionally established
funded through supplemental appropriations. Because
CAPs, USACE has authority to plan and implement
CAPs are typically funded as a program, USACE often has
projects of limited size, cost, scope, and complexity. There
discretion regarding which CAP projects to fund using the
are CAPs for reducing flood damages, improving
appropriations provided by Congress for that program. At
navigation, and protecting and restoring aquatic
times, Congress has specified individual CAP projects to
ecosystems, among other purposes (Table 1). CAPs
receive appropriations through community project
typically are referred to by the section number of the law
funding/congressionally directed spending (CPF/CDS)
authorizing the CAP. For most CAP authorities, Congress
items (e.g., in FY2022-FY2024 annual appropriations).
has limited projects’ federal cost and scope.
Table 1. USACE CAPs Funded by FY2024 Enacted Annual Appropriations
(in millions of dol ars)
Federal
Annual
Nonfederal
Limit
Federal
FY2024
Construction
Per
Program
Annual
CAP
Project Types
Cost Share
Project
Limit
Approp.
§14
Emergency streambank erosion and shoreline
35%
$10.00
$25.00
$5.00
protection of public works and nonprofit services
(33 U.S.C. §701r)
§103
Shore protection/Beach erosion control
35%
$10.00
$37.50
$0.50
(33 U.S.C. §426g)
§107
Navigation improvement (33 U.S.C. §577)
Variesa
$10.00
$62.50
$1.50
§111
Mitigation (and prevention) of shore damage by
Same as the project
$12.50
NA
$2.10
federal navigation projects (33 U.S.C. §426i)
causing the damage
§204
Beneficial use of dredged material (33 U.S.C. §2326)b
35%b
$10.00b
$62.50
$18.00
§205
Flood control projects, including ice jam prevention
35%-50% for
$10.00
$68.75
$12.00
(33 U.S.C. §701s)
structural;
35% for nonstructural
§206
Aquatic ecosystem restoration (33 U.S.C. §2330)
35%
$10.00
$62.50
$8.00
§208
Removal of obstructions and clearing channels for
35%
$0.50b
$7.50
$0.25
flood control (33 U.S.C. §701g)
§1135
Project modifications for improvement of the
25%
$10.00
$50.00
$7.50
environment (33 U.S.C. §2309a)
Sources: CRS based on statutes; USACE, “Planning: Continuing Authorities Program,” Engineer Pamphlet 1105-2-58, March 1, 2019; and
explanatory statement accompanying the Consolidated Appropriations Act, 2024 (P.L. 118-42).
Notes: CAP = continuing authorities program; NA = not applicable; USACE = U.S. Army Corps of Engineers.
a. For navigation features, cost share varies based on depth: 10% for improvements less than 20 ft. deep, 25% between 20 ft. and 50 ft., and
50% for more than 50 ft; in addition, 10% over a period not to exceed 30 years. Cost share is 50% for recreational navigation.
b. Projects under the CAP consist of regional sediment management as part of construction to reduce storm damage, protect aquatic
ecosystems, and improve environmental conditions (§204), and beneficial use of dredged material from federal water resource projects
(§204(d)). 35% for costs beyond the base disposal plan costs (which is 100% federal cost of the least costly typical disposal). $10.0 mil ion
per construction activity, and $10.0 mil ion per beneficial use/placement under §204(d). Multiple placements al owed under §204(d).
$500,000 for any tributary in a fiscal year.
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link to page 1 link to page 1 Continuing Authorities Programs (CAPs) of the U.S. Army Corps of Engineers
Initiating a CAP Project
for up to 20 economically disadvantaged communities
To initiate a CAP project, USACE typically requires a
(Section 165(a) of WRDA 2020, as amended; 33 U.S.C.
nonfederal sponsor (e.g., local government or nonprofit
§2201 note). Congress included projects pursued under
entity with local government consent) to send a letter to the
CAP Sections 14, 103, 204, 205, 206, 208, and 1135 under
local USACE district describing the water resource problem
this program. A June 2023 notice requested pilot project
and requesting assistance with a project. (Many USACE
proposals under Section 165(a); after an extension,
district websites include letter templates.) USACE
submissions were due by October 2023.
determines whether there is federal interest in a project, if
the project fits under a CAP authority, and whether funding
Appropriations for CAPs
is available. Although USACE does not need any additional
Congress usually funds several USACE CAPs above the
authorization to perform projects under CAPs, Congress has
amount requested by the President. Funding for some CAPs
referenced specific CAP projects in some omnibus USACE
may not be included in the President’s request or receive
water resources authorization bills (i.e., Water Resources
annual appropriations. For example, the President’s
Development Acts, or WRDAs).
FY2025 request for CAPs was $16.50 million. No FY2025
funds were requested for the Sections 14, 103, 107, 111,
Project Process: Study and Construction
204, or 208 CAPs. In FY2024, the CAPs referenced in
Once funded, CAP projects generally take two to three
Table 1 received an aggregate of $52.75 million
years for the study phase. The construction phase often
(explanatory statement accompanying Consolidated
takes two to five years. During the study phase, USACE
Appropriations Act, 2024 [P.L. 118-42]). Of this amount,
identifies alternative project plans and develops initial cost
Congress directed a total of $2.05 million to 11 specific
estimates, environmental impact analyses, and a real estate
CAP projects through CPF/CDS items. For more on
evaluation, among other project formulation actions. The
USACE appropriations, see CRS Report R46320, U.S.
study phase typically consists of developing a feasibility
Army Corps of Engineers: Annual Appropriations Process.
report as the decision document, in which USACE
In addition to providing FY2024 appropriations for the
identifies the preferred project alternative. For CAP
CAPs, the explanatory statement accompanying P.L. 118-
projects, project design and construction can immediately
42 assigned $34.8 million of previously enacted CAP
follow the study phase (i.e., without project-specific
appropriations that were unobligated and unallocated to the
congressional authorization), subject to the availability of
FY2024 Construction account.
appropriations. Design and construction include final
project design and specifications, real estate acquisition,
In some supplemental appropriations provided for USACE,
project contracting, and physical construction.
Congress has directed appropriations for CAPs or specified
that up to a certain amount of construction appropriations
Nonfederal Responsibilities
be used for CAPs. For example, Congress provided $465
The CAP authorities require the nonfederal sponsor to share
million in the Infrastructure Investment and Jobs Act (IIJA;
project study and construction costs and to assume other
P.L. 117-58) for seven CAPs and the aforementioned
responsibilities, including obtaining real estate interests.
Section 165(a) pilot. Of the $465 million, IIJA specified
The CAP study phase is initially federally funded up to
that $115 million was for Section 206 CAP projects to
$100,000. Thereafter, the remaining study cost share for
remove in-stream barriers for fish and wildlife passage and
most CAPs is 50% nonfederal, with some exceptions. For
to provide technical assistance to nonfederal entities for
example, studies under the Section 204 CAP require no
these activities, at full federal expense and without a project
nonfederal cost share. For studies under Section 111, after
cost limit. In the Disaster Relief Supplemental
the first $100,000 in costs (which are federally funded),
Appropriations Act, 2022 (Division B of P.L. 117-43),
costs are shared at the same ratio as in construction of the
Congress stipulated that USACE could allocate up to $65
navigation project causing the damage.
million to CAP projects for flood and storm risk reduction.
As of early 2024, USACE had not identified funding for
Before construction begins, the nonfederal sponsor and
CAP projects in its P.L. 117-43 spend plan. A summer 2023
USACE sign a project partnership agreement. Cost sharing
spend plan for IIJA funds identified funding for CAP
for construction varies by CAP authority, as shown in
projects, while also noting the termination of some CAP
Table 1. Nonfederal sponsors often may fulfill cost-share
projects identified for funding in earlier IIJA spend plans.
contributions with cash; work-in-kind credit; and/or lands,
easements, rights-of-way, relocations, and disposal areas.
Other Small Project Authorities
Upon construction completion, USACE transfers the
Apart from the regularly funded CAPs, Congress has
project to the sponsor, which is responsible for operations,
established other authorities that share many CAP
maintenance, and most repairs and rehabilitation (except for
characteristics or are authorized in conjunction with CAPs.
the general navigation feature improvements under the
For a discussion of these, see “Other Small Project
Section 107 CAP).
Authorities” in CRS Report R47946, Process for U.S. Army
Corps of Engineers (USACE) Projects.
In some cases, Congress has provided for certain CAP
project costs to be undertaken at a higher federal cost share
Nicole T. Carter, Specialist in Natural Resources Policy
(e.g., 33 U.S.C. §2310 for territories and tribes, and 33
Anna E. Normand, Specialist in Natural Resources Policy
U.S.C. §2267b for post-disaster watersheds). In addition,
Congress authorized a 10-year pilot program for USACE to
IF12635
carry out projects at 100% federal cost under various CAPs
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Continuing Authorities Programs (CAPs) of the U.S. Army Corps of Engineers
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