About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 [1] (January 5, 2021)

handle is hein.crs/goveasu0001 and id is 1 raw text is: Congressional Research Service Updated January 5, 2021 Army Corps of Engineers: Continuing Authorities Programs The U.S. Army Corps of Engineers (USACE) undertakes water resource development projects pursuant to authorizing statutes and the receipt of appropriations. The standard process for a USACE project requires two separate congressional authorizations-one for studying feasibility and a subsequent one for construction-as well as appropriations for both (see CRS Report R45185, Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes). Additionally, Congress has granted USACE programmatic authorities to undertake cost-shared projects of limited scope and cost without requiring project-specific congressional authorization. These programmatic USACE authorities are referred to as Continuing Authorities Programs (CAPs). Congress has consistently funded USACE CAPs above the President's request since FY2013. Types of CAP Projects Since FY2012, Congress has appropriated funding for CAP programs, not individual CAP projects. USACE identifies which CAP projects it will perform using the CAP program's appropriations. Purposes of CAP projects may include reducing damage to life and property from flooding, reducing erosion in certain circumstances, and protecting and restoring aquatic ecosystems, among others (see Table 1). CAPs typically are referred to by the section number of the law in which the CAP was first authorized. Requesting a CAP Project To initiate a CAP project, a nonfederal sponsor (e.g., a local government or nonprofit entity with local government consent) sends a letter to the appropriate USACE district describing the water resource problem and requesting assistance with a project. (Templates for letters are generally available at USACE district websites.) USACE determines if there is federal interest to proceed with the requested project and if the project fits under a CAP authority. Project Process: Feasibility and Construction CAP projects consist of a feasibility phase and a design and implementation phase. The purposes of the feasibility phase include determining whether there is a federal interest in the project (e.g., identifying costs and benefits) and identifying the preferred project alternative. The feasibility phase involves planning activities, such as development of alternative plans to achieve project goals, initial design and cost estimations, environmental impact analyses, and real estate evaluation. For CAP projects, the design and implementation phase can immediately follow the feasibility phase (i.e., without project-specific congressional authorization), subject to the availability of appropriations. The design and implementation phase includes the final design and specifications, real estate acquisition, and project contracting and physical construction. The nonfederal sponsor and USACE sign a project partnership agreement prior to construction. Upon construction completion, USACE transfers the project to the sponsor, which is responsible for operations, maintenance, and most repairs and rehabilitation (except for commercial navigation pursuant to Section 107 CAP, which allows for USACE operations and maintenance). According to USACE, pending funding, CAP projects generally take three years from feasibility phase initiation to construction completion. Table I. Selected Continuing Authorities Programs CAP Eligible Activities Authority §14 Streambank erosion and 33 U.S.C. §701 r shoreline protection of public works and nonprofit services §103 Hurricane storm damage 33 U.S.C. §426g reduction §107 Navigation improvement 33 U.S.C. §577 § I I I Prevention/mitigation of 33 U.S.C. §426i shore damage by federal navigation projects §204 Regional sediment 33 U.S.C. §2326 management/beneficial use of dredged material §205 Flood control (including ice 33 U.S.C. §70 Is jam prevention) §206 Aquatic ecosystem 33 U.S.C. §2330 restoration §208 Removal of obstructions 33 U.S.C. §701g and clearing channels for flood control § 11 35 Project modifications for 33 U.S.C. §2309a improvement of the environment Source: Congressional Research Service (CRS). Nonfederal Responsibilities The CAP authorities, similar to the standard USACE project authorities, require a nonfederal sponsor to share project feasibility and construction costs and other responsibilities, including obtaining real estate interests. Federal funds pay for the first $100,000 of the feasibility phase, with additional feasibility costs generally shared 50% federal and 50% nonfederal. Cost sharing for ittps://Crsreports.congress.gt

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most