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Updated March 15, 2023
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 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
provided USACE with programmatic authorities to
undertake cost-shared projects of limited scope and cost
without obtaining 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
CAP projects may be used for purposes such as reducing
the risk of 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 that first
authorized the CAP.
Requesting a CAP Project
Generally, Congress appropriates funding for CAPs and
USACE identifies which CAP projects it will undertake
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 and FY2023 annual appropriations). For a
nonfederal sponsor (e.g., a local government or a 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 to address
it. (Many USACE district websites include CAP letter
templates.) USACE determines whether there is federal
interest in proceeding with the requested project, the project
fits under a CAP authority, and funding is available.
Project Process: FeasibIity and Construction
CAP projects move through a feasibility phase, a design
phase, and a construction phase. During the feasibility
phase, USACE develops alternative plans that would
achieve project goals, initial design and cost estimations,
environmental impact analyses, and a 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 project
design and specifications, real estate acquisition, 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. §70 Is
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 that first authorized the CAP.
Nonfederal Responsibilities
The CAP authorities, as with the standard USACE project
authorities, require the 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.
Before construction begins, the nonfederal sponsor and
USACE sign a project partnership agreement. 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/govekxm0001&div=1&collection=&method=preview&ext=.png&size=3)
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