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1 [1] (April 18, 2024)

handle is hein.crs/goveoyv0001 and id is 1 raw text is: Con re sY~n I flesedrch Service horniig Aecj have IeIa~ 'e 914 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 implement certain types of water resource projects without project-specific congressional authorization under its programmatic authorities, known as continuing authorities programs (CAPs). Pursuant to congressionally established CAPs, USACE has authority to plan and implement projects of limited size, cost, scope, and complexity. There are CAPs for reducing flood damages, improving navigation, and protecting and restoring aquatic ecosystems, among other purposes (Table 1). CAPs typically are referred to by the section number of the law authorizing the CAP. For most CAP authorities, Congress has limited projects' federal cost and scope. As part of the annual Energy and Water Development appropriations process, CAP authorities typically are funded by a line item for each CAP in the USACE Construction account. At times, some CAPs have been funded through supplemental appropriations. Because CAPs are typically funded as a program, USACE often has discretion regarding which CAP projects to fund using the appropriations provided by Congress for that program. At times, Congress has specified individual CAP projects to receive appropriations through community project funding/congressionally directed spending (CPF/CDS) items (e.g., in FY2022-FY2024 annual appropriations). Table I. USACE CAPs Funded by FY2024 Enacted Annual Appropriations (in millions of dollars) 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. §701 r) §103 Shore protection/Beach erosion control (33 U.S.C. §426g) §107 Navigation improvement (33 U.S.C. §577) §III Mitigation (and prevention) of shore damage by federal navigation projects (33 U.S.C. §426i) §204 Beneficial use of dredged material (33 U.S.C. §2326)b §205 Flood control projects, including ice jam prevention (33 U.S.C. §701 s) §206 Aquatic ecosystem restoration (33 U.S.C. §2330) §208 Removal of obstructions and clearing channels for flood control (33 U.S.C. §701g) §1135 Project modifications for improvement of the environment (33 U.S.C. §2309a) 35% Variesa Same as the project causing the damage 35%b 35%-50% for structural; 35% for nonstructural 35% 35% 25% $10.00 $37.50 $0.50 $10.00 $62.50 $1.50 $12.50 NA $2.10 $10.00b $62.50 $18.00 $10.00 $68.75 $12.00 $10.00 $62.50 $8.00 $0.50b $7.50 $0.25 $10.00 $50.00 $7.50 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 million per construction activity, and $10.0 million per beneficial use/placement under §204(d). Multiple placements allowed under §204(d). $500,000 for any tributary in a fiscal year.

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