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Updated March 13, 2019
Army Corps of Engineers: Continuing Authorities Programs
The U.S. Army Corps of Engineers (USACE) undertakes
water resources 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). Congress has granted USACE
general authorities to undertake some projects of limited
scope and cost without requiring project-specific
congressional authorization. These USACE authorities to
undertake such projects are referred to as Continuing
Authorities Programs (CAPs). Congress has consistently
funded eight USACE CAPs in annual appropriations since
FY2013.
Types of Projects
Congress appropriates funding for CAP programs, not
individual projects. USACE has the discretion to identify
which projects it will perform within the provided
appropriations for each CAP. Purposes of CAP projects
may include reducing damage to life and property from
flooding, reducing stream bank erosion, and protecting and
restoring aquatic ecosystems, among others. CAPs typically
are referred to by the section number of the law in which
the CAP was first authorized (see Table 1).
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. (Template letters are 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
All USACE projects, including CAP projects, consist of a
feasibility phase and a construction phase. The feasibility
phase involves planning activities, such as development of
alternative plans to achieve the project goals; initial design
and cost estimations; environmental impact analyses; and
real estate evaluation. 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. For CAP projects, the
construction phase can immediately follow the feasibility
phase, subject to the availability of appropriations.
The construction phase includes the final design and
specifications, real estate acquisition, and project
contracting and physical construction. The nonfederal
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sponsor and USACE sign a project partnership agreement
prior to construction. Upon construction completion, the
sponsor 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, once funded, 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 and shoreline 33 U.S.C. §701 r
erosion of public works
and nonprofit services
§103 Beach erosion/hurricane 33 U.S.C. §426g
storm damage reduction
§107 Navigation improvement 33 U.S.C. §577
§III 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
§ 1135 Project modifications for 33 U.S.C. §2309a
improvement of the
environment
Source: Congressional Research Service (CRS).
Notes: Not shown are CAPs not funded recently (e.g., §208 CAP
[33 U.S.C. §701g] for the removal of obstructions and clearing
channels for flood control).
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 costs generally shared 50% federal
and 50% nonfederal. Cost sharing for construction varies
according to CAP authorities, as shown in Table 2. Local
sponsors can fulfill cost-share contributions with cash;
work-in-kind credit; and/or lands, easements, rights-of-way,
relocations, and disposal areas. In some cases, Congress has
provided for certain USACE project costs, including CAP
rts.congress.gov](ViewImageLocal?handle=hein.crs/govyei0001&div=1&collection=&method=preview&ext=.png&size=3)
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