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1 [1] (August 6, 2025)

handle is hein.crs/vyui0001 and id is 1 raw text is: Congressional Research Service ~ Inforrning the legislative debate since 1914 S Updated August 6, 2025 Continuing Authorities Programs (CAPs) of the U.S. Army Corps of Engineers The U.S. Army Corps of Engineers (USACE) can study and construct certain water resource projects of limited size, cost, scope, and complexity without project-specific congressional authorization. USACE performs this work under its programmatic authorities, known as continuing authorities programs (CAPs). There are CAPs for various purposes, as shown in Table 1. CAPs typically are referred to by the section number of the law authorizing the CAP. For most CAP authorities, Congress has limited CAP projects' federal cost (although at times it has authorized project-specific exceptions). In some cases, Congress has provided for certain CAP project costs to be undertaken at a higher federal cost share (e.g., 33 U.S.C. §2310 for territories and tribes, and 33 U.S.C. §2267b for post- disaster watersheds). In addition, Congress authorized a Community Revitalization Program for USACE to carry out projects at 100% federal cost under various CAPs for economically disadvantaged communities (§165(a) of WRDA 2020, as amended, 33 U.S.C. §2281c); USACE assigned the program supplemental funding in 2023, solicited project proposals, and announced selection of 12 projects in 2024. The revitalization program's projects can be pursued under various CAPs (§14, §103, §107, §204, §205, §206, §208, and §1135). Table 1. CAPs Funded by FY2024 Enacted Annual Appropriations (P.L. 1 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 §I I I 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 $15.00b $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 15% 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% $ 1.00c $15.00 $0.25 control (33 U.S.C. §701g) §1 135 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; U.S. Army Corps of Engineers, 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. 1 18-272 , Division A; WRDA 2024). Notes: CAP = continuing authorities program. 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 55 ft., and 50% for more than 55 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. $1,000,000 limit for any tributary in a fiscal year. ,ittps://crsreports~congress3.gov