![handle is hein.crs/goveija0001 and id is 1 raw text is: Congressional Research Service
Informing the legislitive debate since 1914
Updated July 18, 2022
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
Purposes of CAP projects may include reducing damage to
life and property from flooding, improving navigation, 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.
Requestng a CAP Project
Generally, Congress appropriates funding for CAP
programs and USACE identifies which CAP projects it will
perform using the program's appropriations. At times,
Congress has specified individual CAP projects that the
appropriations should support (e.g., Community Project
Funding/Congressionally Directed Spending [CPF/CDS] in
FY2022 annual appropriations). For a nonfederal sponsor
(e.g., a local government or nonprofit entity with local
government consent) to initiate a CAP project, the
nonfederal sponsor sends a letter to the appropriate USACE
district describing the water resource problem and
requesting assistance with a project. (Many USACE district
websites include CAP letter templates.) USACE determines
if there is federal interest to proceed with the requested
project, if the project fits under a CAP authority, and if
funding is available.
Project Process: Feasibility and Construction
CAP projects move through a feasibility phase, a design
phase, and a construction phase. During the feasibility
phase, USACE develops alternative plans to achieve project
goals, initial design and cost estimations, environmental
impact analyses, and real estate evaluation. The feasibility
phase concludes with USACE identifying the preferred
project alternative. For CAP projects, the design and
construction phases can immediately follow the feasibility
phase (i.e., without project-specific congressional
authorization), subject to the availability of appropriations.
The design and construction phases include the final design
and specifications, real estate acquisition, and project
contracting and physical construction. According to
USACE, funded CAP projects generally take three years
from feasibility phase initiation to construction completion.
Table 1. 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 Beach erosion control 33 U.S.C. §426g
§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. §701 s
jam prevention)
§206 Aquatic ecosystem 33 U.S.C. §2330
restoration
§208 Removal of obstructions and 33 U.S.C. §701g
clearing channels for flood
control
§ 11 35 Project modifications for 33 U.S.C. §2309a
improvement of the
environment
Source: Congressional Research Service (CRS).
Note: CAPs typically are referred to by the section number of the
law in which the CAP was first authorized.
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.
The nonfederal sponsor and USACE sign a project
partnership agreement prior to construction. Cost sharing
for construction varies by CAP authority, as shown in
Table 2. Nonfederal sponsors may fulfill cost-share
contributions with cash; work-in-kind credit; and/or lands,
easements, rights-of-way, relocations, and disposal areas.](ViewImageLocal?handle=hein.crs/goveija0001&div=1&collection=&method=preview&ext=.png&size=3)
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