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1 [1] (June 16, 2021)

handle is hein.crs/govedrw0001 and id is 1 raw text is: C I f4~se~rc~h $~rvKx# Updated June 16, 2021 Army Corps of Engineers: Continuing Authorities Programs The U.S. Army Corps of Engineers (USACE) undertakes water res ource development projects pursuant to authorizing statutes and thereceiptof 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 forboth (see CRS Report R45185, Army Corps ofEngineers: WaterResource Authorization and Project Delivery Processes). Additionally, Congress has granted USACEprogrammatic authorities to undertake cost-shared projects of limited s cope and cost without requiring project-specific congressional authorization. These programmatic USACE authorities are referred to as Continuing Authorities Programs (CAPs). Congress has consistently funded USACECAPs above the President's requestsince FY2013. Types of CAP Projects Since FY2012, Congress has appropriated funding for CAP programs, not individual CAP projects. USACEidentifies which CAP projects it will perform using the CAP program's appropriations. Purposes of CAP projects may include reducing damage to life and property fromflooding, reducing erosion in certain circumstances, andprotecting 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. 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 USACEdistrict describing the water resource problemand requesting as sistance with a project. (Templates for letters are generally available at USACEdistrict websites.) USACE determines if there is federalinterest to proceed with the requested project andif the project fits under a CAP authority. Project Process: Feasibility and Construction CAP projects consist of a feasibility phase and a design and implementation phase. 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. The feasibility phase involves planning activities, such as development of alternative plans to achieve project goals, initial design and cost estimations, environmentalimpact analyses, and real estate evaluation. For CAP projects, the design and implementation phase can immediately follow the feasibility phase (i.e., without project-specific congressional authorization), subject to the availability of appropriations. The design and implementation phase includes the final design and specifications, real estate acquisition, and project contracting and physical construction. The nonfederal sponsor and USACE sign a project partnership agreement prior to construction. Upon construction completion, USACEtrans fers the project to the sponsor, which is responsible for operations, maintenance, and most repairs and rehabilitation (except for commercialnavigation pursuant to Section 107 CAP, which allows for USACE operations and maintenance). According to USACE, pending funding, CAP projects generally take three years from feas ibility phase initiation to construction completion. Table I. 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 §1 1 1 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 33 U.S.C. §701g and clearing channels for flood control §11 35 Project modifications for 33 U.S.C. §2309a improvement of the environ ment Source: Congressional Research Service (CRS). 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 realestate interests. Federal funds pay for the first $100,000 of the feasibility phase, with additional feasibility costs generally shared 50% federal and 50% nonfederal. Cost sharing for constructionvaries according to CAP authorities, as shown https://crs repc

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