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Congressional Research Service
Informring the aegislative debate since 1914


0


                                                                                             Updated  January 16, 2025

Continuing Authorities Programs (CAPs) of the U.S. Army

Corps of Engineers


The U.S. Army  Corps  of Engineers (USACE)  can study and    Development  appropriations process, CAPs typically are
construct certain water resource projects of limited size,   funded by a line item for each CAP in the USACE
cost, scope, and complexity without project-specific  Construction account. Because CAPs typically are funde
congressional authorization. USACE  performs this work  as a program, USACE often has discretion regarding wh
under its programmatic authorities, known as continuing  CAP projects to fund using the appropriations   provided.
authorities programs (CAPs). There are CAPs  for various  times,   Congress  has specified individual CAP projects tc
purposes, as shown in Table 1. CAPs  typically are referred  receive appropriations through community project
to by the section number of the law authorizing the CAP.  funding/congressionally directed   spending (CPF/CDS)
For most CAP  authorities, Congress has limited projects'    items (e.g., in FY2022-FY2024  annual appropriations).
federal cost. As part of the annual Energy and Water
Table  I. USACE   CAPs   Funded  by FY2024   Enacted  Annual  Appropriations   (P.L. i 18-42) 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%                     $15.00      $50.00      $5.00
         protection of public works and nonprofit services
         (33 U.S.C. §701 r)
§103     Shore protection/beach erosion control             35%                     $15.00      $62.50      $0.50
         (33 U.S.C. §426g)
§107     Navigation improvement (33 U.S.C. §577)            Variesa                 $15.00      $62.50      $1.50

§III     Mitigation (and prevention) of shore damage by federal  Same as the project $15.00    No limit     $2.10
         navigation projects (33 U.S.C. §426i)              causing the damage                specified
§204     Beneficial use of dredged material (33 U.S.C. §2326)b 35%b                $1 5.00b     $62.50     $18.00
§205     Flood control projects, including ice jam prevention 35%-50% for           $15.00      $90.00     $12.00
         (33 U.S.C. §701 s)                                 structural;
                                                            35% for
                                                            nonstructural
§206     Aquatic ecosystem restoration and drought resilience 35%, except 85% for   $15.00       $75.0      $8.00
         through wetlands restoration or invasive species   anadromous fish
         removal (33 U.S.C. §2330)                          projects
§208     Removal of obstructions and clearing channels for flood 35%               $10.O0c      $15.00      $0.25
         control (33 U.S.C. §701g)
§ 1135   Project modifications for improvement of the       25%                     $15.00      $62.00      $7.50
         environment and drought resiliency (33 U.S.C. §2309a)


Sources: CRS, based on statutes; USACE, Planning: Continuing Authorities Program, Engineer Pamphlet 1105-2-58; explanatory statement
accompanying the Consolidated Appropriations Act, 2024 (P.L. 118-42), and Water Resources Development Act of 2024 (P.L. 118-272,
Division A; WRDA 2024).
Notes: CAP = continuing authorities program; NA = not applicable; USACE = U.S. Army Corps of Engineers. Section 1108 of WRDA 2024
authorized a new CAP for projects to control, retain, and reuse stormwater associated with flood control; project costs are limited to $10
million federal, and 35% of construction costs are nonfederal.
a.  Cost share varies based on depth: at the time of construction, 10% for improvements less than 20 ft. deep, 25% between 20 ft. and 50 ft.,
    and 50% for more than 50 ft, plus an additional 10% over a period not to exceed 30 years. Cost share is 50% for recreational navigation.
b.  Projects consist of regional sediment management 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)). Limit of 35% nonfederal cost
    share for costs beyond the base disposal plan costs (which is 100% federal cost of the least costly typical disposal), $15.0 million federal
    limit per construction activity, and $15.0 million per beneficial use/placement under §204(d). Multiple placements allowed under §204(d).
c.  $500,000 limit for any tributary in a fiscal year.


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