Continuing Authorities Program

The Continuing Authorities Program (CAP) authorizes the USACE to plan, design, and construct small scale projects under existing program authorities from Congress.  Local governments, agencies, and tribes seeking assistance may request the USACE to investigate potential water resource issues that may fit a particular authority.

CAP projects are conducted in two phases.  The first phase is a two-step feasibility study where the federal interest is established and a report documenting issues, objectives, a recommended alternative (35% design), and environmental compliance is completed.  Upon completion of the feasibility study and pending project approval from the USACE, the project enters the design and implementation phase.  During this phase, the design is taken to 100% and the project is constructed.  Before a project enters this phase, the non-federal sponsor must agree to the following:

• Provide all Lands, Easements, Rights-of-Ways, Relocations, and Disposal areas (LERRD) necessary for construction and maintenance of the project.  The cost of LERRD is applied towards the non-federal sponsor’s cost-share.
• Maintain and operate the project after completion without cost to the government (most projects).
• Prevent future encroachment, which might interfere with proper functioning of the project.
• Assume responsibility for any cash requirements including costs in excess of applicable federal cost limitations.

Section 14 - Streambank and Shoreline Erosion Protection

The Flood Control Act of 1946, as amended, authorizes constructing emergency streambank protection measures to prevent damage to public infrastructure such as highways, bridge approaches, municipal water supply systems, sewage disposal plants, and essential public works facilities endangered by floods or storms due to bank erosion. Utilities, churches, hospitals, schools, and other non-profit service facilities may also be protected under this program. This authority does not apply to privately owned property or structures. Section 14 focuses on addressing localized erosion problems that, if left unchecked, could endanger these critical assets. 

Aid under this program typically includes the construction or restoration of bank protection features (i.e., riprap, concrete walls, and/or gabions).

Section 103 - Coastal Storm Risk Management

The Rivers and Harbors Act of 1962, as amended (33 U.S.C. 426g), authorizes USACE to partner with a non-federal sponsor to address Coastal Storm Risk by planning and constructing small projects that have not previously been specifically authorized by Congress and are not part of a larger project. Projects are intended to reduce storm damages and beach erosion and may be structural (e.g., seawalls, groins, breakwaters) or non-structural (e.g., beach nourishment, relocation of structures).

Section 107 – Navigation Improvements

The River and Harbor Act of 1960, as amended, authorizes the construction of small navigation projects. Assistance is limited to general navigation facilities (including entrance channels protected by breakwaters or jetties, if needed), anchorage basins, turning basins, and major access channels leading to the anchorage basin or locally provided berthing area. Docks, landings, piers, berthing areas, boat stalls, slips, mooring facilities, launching ramps, access roads, parking areas, and interior access channels needed for maneuvering into berths are entirely a local responsibility; and are design, constructed, and maintained at non-federal expense.

Section 111 – Preventing or Mitigating Shore Damage Caused By Federal Navigation Projects

The Rivers and Harbors Act of 1968, as amended (33 U.S.C. 426i), authorizes USACE to partner with a non-federal sponsor to plan and construct projects for preventing or mitigating shoreline damages caused by Federal navigation projects. This authority applies to publicly and privately owned shores located along coastal shorelines of the United States.

Section 204 – Beneficial Use Of Dredged Material

Section 204 of the 1992 Water Resources Development Act, as amended, authorizes the U.S. Army Corps of Engineers to partner with a non-federal sponsor to implement projects for protecting, restoring and creating of aquatic and ecologically related habitats, including wetlands, or to reduce storm damage to property, in connection with dredging for constructing or operating and maintaining an existing authorized Federal navigation project. Section 204 authorities cannot be used to meet mitigation or remediation requirements.

Section 205 - Small Flood Risk Management Projects 

Section 205 of the Flood Control Act of 1948, as amended by subsequent legislation, authorizes the construction of small flood control projects that have not already been specifically authorized by Congress. Flood control projects under Section 205 are not limited to any particular type of improvement. There are two general categories of projects: structural and nonstructural. Structural projects may include levees, floodwalls, diversion channels, pumping plants, and bridge modifications. Nonstructural projects have little or no effect on water surface elevations, and may include such measures as flood proofing, the relocation of structures, and flood warning systems.

A project planned and constructed under this program is designed to provide the same quality facility, and the same adequate degree of protection, as would be provided by projects specifically authorized by Congress.

Section 206 – Aquatic Habitat Ecosystem Restoration

Section 206 of the 1996 Water Resources Development Act authorizes the U.S. Army Corps of Engineers to work with non-federal sponsors on projects o develop aquatic ecosystem restoration and protection projects that improve the quality of the environment. Non-federal sponsors can be a legally-constituted public body or a non-profit organization. Typical projects improve fish and wildlife habitat, reconnect rivers and floodplains, or enhance wetlands and streams. Projects are limited in size (up to $15 million in federal cost) and usually involve a cost-share agreement with a local sponsor. 

Section 208 - Clearing and Snagging for Flood Risk Management

Section 208 of the 1954 Flood Control Act, as amended, authorizes the U.S. Army Corps of Engineers to partner with a non-federal sponsor for small-scale channel clearing, snagging, and excavation in navigable streams and tributaries to reduce local flood risk. These projects are intended for targeted problem areas, such as removing obstructions or debris that blocks flows. Limited embankment construction may use clearing operation materials to reduce nuisance flood damages caused by debris and minor river shoaling. Federal costs are limited to $500,000 per project, with cost-sharing from a non-federal sponsor. 

Section 1135 – Project Modifications for Improving the Environment

The Water Resources Development Act of 1986, as amended, authorizes the U.S. Army Corps of Engineers to partner with a non-federal sponsor to modify structures and operations of water resources projects constructed by the USACE for the purpose of improving environmental quality. Restoration projects can also occur at locations where an existing USACE project has contributed to the environmental degradation. Sponsors can be a legally-constituted public body or a non-profit entity. This authority cannot be used to meet mitigation or remediation requirements and cannot conflict with authorized USACE project purposes.

Planning and Technical Assistance to States and Tribes

Planning Assistance is typically limited to plan development and does not include detailed design for project construction or construction funding. Studies generally involve standard engineering techniques, analyzing existing data for planning purposes, and occasional data collection. Most studies become the basis for state, tribal, and local planning decisions.

The Planning Assistance to States program authorizes the U.S. Army Corps of Engineers to provide planning level assistance in managing water resources to eligible non-federal partners such as States, groups of States, local government, a regional coalition of governmental entities, Federally-recognized Tribes and U.S. Territories. Nonprofit organizations working with a State may also be eligible to partner.

Planning assistance includes comprehensive planning and technical assistance but cannot include detailed design for project construction. The State, Tribe, or Territory are responsible for implementing the plan. The program can encompass many types of studies dealing with water resource issues.  Types of studies conducted in recent years under the program include:

Section 22 - Planning and Technical Assistance to States and Tribes

Under Section 22 of WRDA 1974, as amended, the USACE provides cost-shared planning level technical assistance studies to eligible non-federal partners such as states, tribes, and local governments in managing their water resources. Nonprofit organizations working with a State may also be eligible to partner. For flood risk management, PAS studies can evaluate flood hazards, assess alternatives, and help communities develop flood risk management strategies. This authority funds studies only - not construction - and is often used as an early step before pursuing a construction authority. 

Section 203 - Tribal Partnership Program

The Tribal Partnership Program (TPP) established under Section 203 of WRDA 2000, as amended, provides a pathway for federally recognized Tribes to partner with the USACE on flood risk management projects. TPP can address flooding concerns in tribal communities through water-related planning activities, or activities relating to the study, design, and construction of water resources development projects, that will substantially benefit Indian Tribes; and are located primarily within Indian country or in proximity to Alaska Native villages. Cost-sharing requirements are flexible for Tribes and may be reduced or waived. 

Section 206 - Floodplain Management Services

The Floodplain Management Services (FPMS) program, established under Section 206 of the Flood Control Act of 1960, as amended, authorizes USACE to provide the full range of technical services and planning guidance on flood hazards to local interests, state agencies, Tribal Nations, and other federal agencies for developing effective floodplain management for flood-prone areas. FPMS is 100% federally funded but cannot support construction. The program’s objective is to foster public understanding of the options for dealing with flood hazards and promote prudent use and management of the Nation’s floodplains and flood prone areas. 

The Floodplain Management Services (FPMS) Program includes:

• General Technical Services - such as developing or interpreting site-specific data on obstructions to flood flows, flood formation and timing, flood depths or stages, floodwater velocities, and the extent, duration, and frequency of flooding.  It also provides information on natural and cultural floodplain resources before and after the use of floodplain management measures.
• Special Studies - ranging from helping a community identify present or future flood prone areas to broadly assessing various floodplain management alternatives.  Some of the most common types of Special Studies include:

Section 594 - Environmental Infrastructure (OH, ND)

For all agreements where a non-Federal sponsor will be performing design work for a water-related environmental infrastructure or resource protection and development project in Ohio or North Dakota under Section 594 of the Water Resources Development Act (WRDA) of 1999, as amended. The agreement provides for USACE reimbursement of eligible design costs incurred by the non-Federal sponsor pursuant to the cost-sharing requirements of this agreement. 

For agreements where a non-Federal sponsor will be performing design and construction work for a water-related environmental infrastructure or resource protection and development project in Ohio or North Dakota under Section 594 of the Water Resources Development Act (WRDA) of 1999, as amended. The agreement provides for USACE reimbursement of eligible project costs incurred by the non-Federal sponsor pursuant to the cost-sharing requirements of this agreement. 

Section 595 - Environmental Infrastructure

Section 595 of the Water Resources Development Act of 1999 authorizes the U.S. Army Corps of Engineers to provide design and construction assistance for water supply, wastewater treatment, environmental restoration, or surface water protection projects to rural communities. Section 4008 of WRDA 2022 amended WRDA 1999 Section 595 to authorize $490M for technical assistance to small and rural communities in Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming.  

Following submittal of a Letter of Intent and prior to entering into a partnership agreement, USACE and the non-federal sponsor will coordinate to prepare a letter report detailing the increment of work, the schedule for completing the work, and funds to be used to accomplish the work.

Before engineering design and construction can begin, a Project Partnership Agreement describing the cost share arrangement and operations and maintenance responsibilities. The program is cost-shared 75% federal / 25% non-federal.

Section 1332 - Environmental Infrastructure (Western Washington)

For all agreements where a non-Federal sponsor will be performing design work for a water-related environmental infrastructure or resource protection and development project in western Washington State under Section 1332 of the Water Resources Development Act of 2024. As of the effective date of this model, western Washington State means the counties of Chelan, Island, King, Kittitas, Pierce, San Juan, Snohomish, Skagit, and Whatcom, Washington.The agreement provides for USACE reimbursement of eligible design costs incurred by the non-Federal sponsor pursuant to the cost-sharing requirements of this agreement. 

For agreements where a non-Federal sponsor will be performing design and construction work for a water-related environmental infrastructure or resource protection and development project in western Washington State under Section 1332 of the Water Resources Development Act of 2024. The agreement provides for USACE reimbursement of eligible project costs incurred by the non-Federal sponsor pursuant to the cost-sharing requirements of this agreement. 

Section 1342 – Environmental Infrastructure (Oregon)

For all agreements where a non-Federal sponsor will be performing design work for a water-related environmental infrastructure or resource protection and development project iin Oregon under Section 1348 of the Water Resources Development Act of 2024. The agreement provides for USACE reimbursement of eligible design costs incurred by the non-Federal sponsor pursuant to the cost-sharing requirements of this agreement. 

For agreements where a non-Federal sponsor will be performing design and construction work for a water-related environmental infrastructure or resource protection and development project in Oregon under Section 1348 of the Water Resources Development Act of 2024. The agreement provides for USACE reimbursement of eligible project costs incurred by the non-Federal sponsor pursuant to the cost-sharing requirements of this agreement. 

Section 8353 - Environmental Infrastructure (Northern Missouri)

For all agreements where a non-Federal sponsor will be performing design work for a water-related environmental infrastructure or resource protection and development project project in Northern Missouri under Section 8353 of the Water Resources Development Act of 2022, as amended.  Northern Missouri means the counties of Buchanan, Marion, Platte, and Clay, Missouri. The agreement provides for USACE reimbursement of eligible design costs incurred by the non-Federal sponsor pursuant to the cost-sharing requirements of this agreement. 

For agreements where a non-Federal sponsor will be performing design and construction work for a water-related environmental infrastructure or resource protection and development project in Northern Missouri under Section 8353 of the Water Resources Development Act of 2022, as amended. The agreement provides for USACE reimbursement of eligible project costs incurred by the non-Federal sponsor pursuant to the cost-sharing requirements of this agreement. 

Section 8359 – Environmental Infrastructure (Southwestern Oregon)

For all agreements where a non-Federal sponsor will be performing design work for a water-related environmental infrastructure or resource protection and development project project in southwestern Oregon under Section 8359 of the Water Resources Development Act of 2022, as amended.  Southwestern Oregon means the counties of Benton, Coos, Curry, Douglas, Lane, Lincoln, Linn, and Josephine, Oregon. The agreement provides for USACE reimbursement of eligible design costs incurred by the non-Federal sponsor pursuant to the cost-sharing requirements of this agreement. 

For agreements where a non-Federal sponsor will be performing design and construction work for a water-related environmental infrastructure or resource protection and development project in southwestern Oregon under Section 8359 of the Water Resources Development Act of 2022, as amended. The agreement provides for USACE reimbursement of eligible project costs incurred by the non-Federal sponsor pursuant to the cost-sharing requirements of this agreement. 

General Investigations

General Investigations (GI) Program projects address large scale or comples flood risk management, navigation, water supply, recreation, and other needs and opportunities that may require basin-wide or regional approaches.

A General Investigation study often begins with a community or a local or state government entity requesting assistance from their congressional representative to address a water resource need beyond its capability (e.g., navigation, flood protection or ecosystem restoration).

GI - Congressional Process

Once a community requests congressional assistance, the senator or representative can request the appropriate congressional committee to direct the USACE to work with the non-federal sponsor to complete a feasibility study and furnish a recommendation. 

Projects must be in the Federal interest, typically flood control or navigation is the major need. If that requirement is satisfied, other project purposes may also be considered. Projects must be economically justified with benefits exceeding project costs. Projects must assess potential environmental effects as part of the investigation process and requires public coordination including concerned public and Federal, state and local agencies. If there may be significant environmental effects, or controversial matters are involved, a more detailed Environmental Impact Statement (EIS) may be required. 

If USACE has previously conducted a study in the geographic area of concern, a new study can be authorized through a House Transportation and Infrastructure Committee or Senate Environment and Public Works Committee resolution. If the geographic area of concern has not had a previously conducted a study, a new study requires Congressional authorization, typically a Water Resources Development Act (WRDA) update.

Once authorized, funding for GI studies require individual line item appropriations in the annual Energy and Water Development Appropriations Act. Historically, Congress has modified funding amounts through congressional adds.

General Investigations Projects pass through two phases before construction authorization, feasibility and preconstruction engineering and design. Both phases are conducted under a single congressional study authority. Congress may then authorize and appropriate funding for project construction.

GI - Study Process

Through GI Program studies, alternative plans are compared, and favorable and unfavorable characteristics are determined. Costs and benefits of alternative plans are identified, and a specific course of action is recommended to Congress. There is no designated limit to the scale, extent or cost of development that can be proposed as a result of the study.  

The local sponsor must be willing to provide the types and levels of assistance required for each different project including:

• Providing certain project requirements (i.e., lands. Easements, rights-of-way, relocations, and disposal areas necessary for the construction, operation and maintenance of the project.
• Sharing costs for project studies and construction, depending on the project purpose.
• Operating and maintaining the project after completion.