Army Corps of Engineers: Continuing Authorities Programs

Army Corps of Engineers: Continuing Authorities Programs

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Updated March 15, 2023
Army Corps of Engineers: Continuing Authorities Programs
The U.S. Army Corps of Engineers (USACE) undertakes
The design and construction phases include the final project
water resource development projects pursuant to
design and specifications, real estate acquisition, project
authorizing statutes and 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
provided USACE with programmatic authorities to
§14
Streambank erosion and
33 U.S.C. §701r
undertake cost-shared projects of limited scope and cost
shoreline protection of public
without obtaining project-specific congressional
works and nonprofit services
authorization. These programmatic USACE authorities are
referred to as Continuing Authorities Programs (CAPs).
§103
Beach erosion control
33 U.S.C. §426g
Congress has consistently funded USACE CAPs above the
President’s request
§107
Navigation improvement
33 U.S.C. §577
since FY2013.
§111
Prevention/mitigation of
33 U.S.C. §426i
Types of CAP Projects
shore damage by federal
CAP projects may be used for purposes such as reducing
navigation projects
the risk of damage to life and property from flooding,
§204
Regional sediment
33 U.S.C. §2326
improving navigation, and protecting and restoring aquatic
management/beneficial use of
ecosystems, among others (see Table 1). CAPs typically
dredged material
are referred to by the section number of the law that first
authorized the CAP.
§205
Flood control (including ice
33 U.S.C. §701s
jam prevention)
Requesting a CAP Project
Generally, Congress appropriates funding for CAPs and
§206
Aquatic ecosystem
33 U.S.C. §2330
USACE identifies which CAP projects it will undertake
restoration
using the program’s appropriations. At times, Congress has
§208
Removal of obstructions and
33 U.S.C. §701g
specified individual CAP projects that the appropriations
clearing channels for flood
should support (e.g., Community Project
control
Funding/Congressionally Directed Spending [CPF/CDS] in
FY2022 and FY2023 annual appropriations). For a
§1135
Project modifications for
33 U.S.C. §2309a
nonfederal sponsor (e.g., a local government or a nonprofit
improvement of the
entity with local government consent) to initiate a CAP
environment
project, the nonfederal sponsor sends a letter to the
Source: Congressional Research Service (CRS).
appropriate USACE district describing the water resource
Note: CAPs typical y are referred to by the section number of the
problem and requesting assistance with a project to address
law that first authorized the CAP.
it. (Many USACE district websites include CAP letter
templates.) USACE determines whether there is federal
Nonfederal Responsibilities
interest in proceeding with the requested project, the project
The CAP authorities, as with the standard USACE project
fits under a CAP authority, and funding is available.
authorities, require the nonfederal sponsor to share project
feasibility and construction costs and other responsibilities,
Project Process: Feasibility and Construction
including obtaining real estate interests. Federal funds pay
CAP projects move through a feasibility phase, a design
for the first $100,000 of the feasibility phase, with
phase, and a construction phase. During the feasibility
additional feasibility costs generally shared 50% federal
phase, USACE develops alternative plans that would
and 50% nonfederal.
achieve project goals, initial design and cost estimations,
environmental impact analyses, and a real estate evaluation.
Before construction begins, the nonfederal sponsor and
The feasibility phase concludes with USACE identifying
USACE sign a project partnership agreement. Cost sharing
the preferred project alternative. For CAP projects, the
for construction varies by CAP authority, as shown in
design and construction phases can immediately follow the
Table 2. Nonfederal sponsors may fulfill cost-share
feasibility phase (i.e., without project-specific congressional
contributions with cash; work-in-kind credit; and/or lands,
authorization), subject to the availability of appropriations.
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 higher federal cost share (e.g., 33 U.S.C. §2310).
Section 165(a) of the Water Resources Development Act of
2020, as amended (WRDA 2020; Division AA of P.L. 116-
260), authorized a pilot program for USACE to conduct 20
CAP projects at full federal expense for small or
economically disadvantaged communities.
Table 2. CAP Project and Program Limits, FY2023
Enacted Annual Appropriations, FY2024 Request
(in millions of dol ars)
Max.
Federal Annual
FY2023 Annual
Federal Limit
Federal
Appropriations
Cost
Per
Program
(A) and FY2024
CAP
Share Project
Limita
Request (R)
§14
65%
$10.0
$25.5 $11.0 (A); $0.0 (R)
§103
65%
$10.0
$38.0
$1.5 (A); $0.0 (R)
§107
Variesb
$10.0
$63.0
$6.0 (A); $0.0 (R)
§111
Variesc
$12.5
NA
$1.0 (A); $0.0 (R)
§204
65%
$10.0
$63.0 $10.0 (A); $1.0 (R)
§205
65%
$10.0
$69.3 $18.3 (A); $1.0 (R)

§206
65%
$10.0
$63.0 $13.0 (A); $1.0 (R)
Source: CRS based on statutes, USACE Budget Press Book, and
§208
65%
$0.50
$8.0
$1.0 (A); $0.0 (R)
reports accompanying enacted USACE appropriations laws.
Note: Funding does not include §111 (due to no authorized annual
§1135
75%
$10.0
$50.5 $10.5 (A); $1.5 (R)
program limit) or supplemental appropriations.
Sources: CRS based on statutes, Engineer Pamphlet 1105-2-58,
explanatory statement accompanying enacted FY2023 appropriations,
Supplemental Appropriations for CAPs
and FY2024 Budget Request.
In some supplemental appropriations provided for USACE,
Notes: NA = not applicable.
Congress has directed appropriations for CAPs or specified
a.
that up to a certain amount of construction appropriations

Division AA of P.L. 116-260 increased annual CAP funding
authorization levels for FY2021 through FY2024 by $500,000
be used for CAPs. For example, Congress provided $465
compared with FY2020 levels; FY2024 levels are shown here.
million in the Infrastructure Investment and Jobs Act (IIJA;
b.
P.L. 117-58) for seven CAPs and a WRDA 2020 Section

Varies based on depth and 50% for recreational navigation.
165(a) CAP pilot program. Of the $465 million, IIJA
c. Same as the project causing the damage.
specified $115 million is for Section 206 CAP projects to
remove in-stream barriers for fish and wildlife passage and
Annual Appropriations for CAPs
to provide technical assistance to nonfederal entities for
Congress has limited the per-project federal funding for
these activities, at full federal expense and no project cost
CAP authorities (Table 2). Each CAP, except for Section
limit. USACE’s IIJA spend plan for FY2022 allocated
111, has an annual program funding authorization limit
some IIJA appropriations for CAPs: $215 million to CAP
(Table 2). As shown in Figure 1, Administration budget
projects (of which $8 million is for new CAP projects and
requests and annual appropriations from Congress have
the rest is for ongoing CAP projects) and $500,000 for
included less funding for CAPs than authorized funding
technical assistance. For the Disaster Relief Supplemental
levels. Dating to the FY2015 budget request, no budget
Appropriations Act, 2022 (Division B of P.L. 117-43),
has requested more than $10 million annually for CAPs.
Congress stipulated that USACE could allocate up to $65
The Biden Administration did not request FY2024 funding
million, of the $3 billion provided for construction
for Section 14, 103, 107, 111, or 208 CAPs. In annual
appropriations, to CAP projects for flood and storm risk
appropriations, Congress has consistently provided more
reduction. As of March 2023, USACE had not allocated
CAP funding than requested. For example, Congress
funding for CAP projects in its P.L. 117-43 spend plan.
appropriated a total of $72.3 million for FY2023 annual
appropriations for CAPs, compared with the
Anna E. Normand, Analyst in Natural Resources Policy
Administration’s request of $4.5 million. Of the amount
IF11106
appropriated, $2.1 million was for 12 CPF/CDS projects.
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Army Corps of Engineers: Continuing Authorities Programs

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