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Congress has provided the U.S. Army Corps of Engineers with a number of standing authorities to study and build water resource projects for various purposes and with specified limits on how much federal money can be spent for a project. The Continuing Authorities Program is a collection of these authorities established to allow for expedited project development and approval, resulting in a decrease in the amount of time it takes to get smaller, less complex projects constructed. Each of these authorities carries with it pre-approved authority for construction without the need for additional congressional authority, provided the recommended project falls within the parameters of the specific program.
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Each CAP project constructed by the Corps of Engineers to solve a water resource problem must meet the following criteria:
- be complete within itself and not commit the Corps to further construction - that is, the project must solve a specific problem and not require a further project to complete the solution.
- be economically justified - the benefits from the project must exceed the cost of the project, including project operation and maintenance costs. This is usually expressed on an average annual basis.
- be environmentally acceptable - environmental consideration is an integral part of the project planning process. In all cases, the Corps prepares environmental assessments which are coordinated with federal, state and local agencies and the general public. If significant environmental impacts are anticipated, the Corps will prepare an Environmental Impact Statement (EIS).
- sponsor must be willing to assist with the project - this normally involves providing land, easements, rights-of-way, relocations and disposal sites (LERRDs).
- cost sharing is usually required between the federal government and the non-federal sponsor. In addition, some projects must be operated and maintained by the non-federal sponsor.
Feasibility Phase
- To initiate a CAP study, local government officials contact the Omaha District to request an investigation of a water resource problem. After receiving a request from the local sponsor, the District will coordinate with the local officials (typically including conducting an initial site visit) to determine the extent and nature of the problem and which CAP authority would best meet their need. If the problem fits within one of the existing CAP authorities (and subject to availability of funds) the District will initiate a feasibility to investigate the problem and possible solutions. The first $100,000 of the feasibility study is funded 100% by the Corps with any costs in excess of the initial $100,000 being cost-shared 50/50 with a non-federal sponsor. Within the first $100,000 the Corps will evaluate whether a solution to the problem is both viable and in the interest of the federal government.
- If adequate federal interest exists, the Corps will work with the non-federal sponsor to develop a Project Management Plan (PMP) outlining the scope of work, cost estimate, and schedule for the detailed feasibility study and negotiate a Feasibility Cost Share Agreement (FCSA) to cover any anticipated costs above the initial $100,000.
- The non-federal sponsor is responsible for 50% of the feasibility study costs and may provide their entire share in the form of in-kind services. Once negotiations are completed, the FCSA is executed and the feasibility phase begins. The feasibility study involves more intensive data collection and detailed technical investigations. The feasibility phase is usually completed in 2-4 years depending on the scope and nature of the project. The completed feasibility report is submitted to the Northwestern Division office for review and approval which then allows the project to proceed directly to the design and implementation phase.
Design and Implementation (D&I) Phase
- Following completion of the feasibility study, the project moves into the design and implementation (D&I) phase where detailed plans and specifications for construction, and ultimately project construction, is undertaken. The first step in the D&I phase is the negotiation and execution of the Project Partnership Agreement (PPA) which governs the responsibilities of the Corps and the non-federal sponsor for the ultimate construction and subsequent operation and maintenance of the project.
- The design includes developing detailed contract drawings and specifications which will be used to advertise the project for prospective contractors to construct. The non-federal sponsor is required to provide the non-federal share of funds and any necessary lands, easements, rights-of-way, relocations and disposal sites (LERRDs) at this time prior to advertising the project for construction. Depending upon availability of funds and the complexity of the project, the construction may consist of one or more contracts
Authority and Funding: Section 205 of the Flood Control Act of 1948, as amended, provides a continuing authority for the Corps of Engineers to construct projects (structural or nonstructural) to reduce damages caused by flooding. This program focuses on solving local flood problems in urban areas, towns and villages. Each project is limited to a federal cost share of no more than $7 million.
Description: Section 205 studies provide for local flood protection by the construction or improvement of flood control works. The types of studies/projects are tailored to be site-specific and are either structural or non-structural. Examples of structural projects include levees, channel improvements, small dams and floodwalls. Examples of nonstructural projects include flood plain parks, flood warning systems, flood proofing and relocation of flood-prone development.
Cost: Initial study is 100% federally funded up to $100,000. The remainder of the project is cost shared 65/35 (65% federal and 35% non-federal). The sponsor must contribute 35% (minimum 5% cash) of the total project implementation cost as cash or lands, easements, rights-of-way, relocations and disposal areas (LERRDs). If these items equal less than 35% of the total project cost, the cash contribution must be increased to make up the difference.
Requesting Assistance: To request assistance under Section 205, please provide a written request to the Corps' Omaha District. This request should contain a brief description of the assistance needed and any additional concerns or issues. Authority and Funding: Section 14 of the Flood Control Act of 1946, as amended, provides a continuing authority for the Corps of Engineers to construct emergency streambank and shoreline protection to prevent erosion from damaging highways, bridges, roads, streets, utilities, public buildings, hospitals, churches, schools, parks and other nonprofit public facilities. Privately owned property and facilities are not eligible for protection under this authority. Each project is limited to a federal cost share of no more than $1.5 million.
Description: Section 14 studies involve the Corps working with a project sponsor to:
- define the problem
- evaluate solutions
- select a plan
- develop a design
- construct a project
A project is recommended for implementation only after a feasibility study clearly shows the engineering feasibility and economic justification of the improvement. The Corps oversees project constructions; however, once constructed, the maintenance and operation of the Section 14 project is the responsibility of the project sponsor.
Cost: The first $100,000 of the Planning Design Analysis (PDA) phase is funded by the federal government. All PDA costs after the first $100,000 are cost shared 50/50 (50% federal share and 50% non-federal share). All construction costs are cost shared 65/35 (65% federal share and 35% non-federal share). The non-federal sponsor must provide at least 5% of the project cost in cash and also provides any needed lands, easements, rights-of-way, relocations and disposal sites (LERRDs). If these items equal less than 35% of the total project cost, the cash contribution must be increased to make up the difference.
Requesting Assistance: To request assistance under Section 14, please provide a written request to the Corps' Omaha District. This request should contain a brief description of the assistance needed and any additional concerns or issues. Authority and Funding: Section 1135 of the Water Resources Development Act of 1986, as amended, provides a continuing authority for the Corps of Engineers to investigate, study, modify and construct projects for the restoration of fish and wildlife habitats where degradation is attributable to existing federal water resource projects previously constructed by the Corps. Each project is limited to a federal cost share of no more than $5 million.
Description: Section 1135 projects involve structural or operational changes to existing projects for restoration or enhancement of environmental values, especially fish and wildlife values. Any modifications for environmental improvement must be both feasible and consistent with the authorized project purposes. The Corps coordinates with the appropriate federal, state and local agencies on any actions taken.
Cost: The initial feasibility study is 100% federally funded up to $100,000. All planning costs after the first $100,000 are cost shared 50/50 (50% federal and 50% non-federal). All design and construction costs are cost shared 75/25 (75% federal and 25% non-federal). The non-federal sponsor cost share can be a contribution of cash, lands, easements, rights-of-way, relocations and disposal sites (LERRDs) or work-in-kind. Work-in-kind may be provided subsequent to the execution of a Project Partnership Agreement (PPA), and the value may not exceed 80% of the non-federal share.
The sponsor is responsible for all operation, maintenance, repair, rehabilitation and replacement required for the project modifications, although, by subagreement, a third party can perform these responsibilities for the sponsor.
Requesting Assistance: To request assistance under Section 1135, please provide a written request to the Corps' Omaha District. This request should contain a brief description of the assistance needed and any additional concerns or issues. Authority and Funding: Section 206 of the Water Resources Development Act of 1996 provides a continuing authority for the Corps of Engineers to restore historic habitat conditions (aquatic ecosystems) at any location to benefit fish and wildlife resources. Each project is limited to a federal cost share of no more than $5 million.
Description: Section 206 projects involve structural or operational changes which improve the environment, such as reconnecting old river channels and backwaters, creating wetland sub-impoundments on the perimeters of reservoirs, improving habitat water quality through the reduction of erosion and sedimentation, improving wetlands and vegetation in shallow headwaters of reservoirs and planting riparian vegetation in flood plains.
Cost: The initial study is 100% federally funded up to $100,000. All planning costs after the first $100,000 are cost shared 50/50 (50% federal and 50% non-federal). All design and construction costs are cost shared 65/35 (65% federal share and 35% non-federal share). The non-federal sponsor cost share can be a contribution of cash, lands, easements, rights-of-way, relocations and disposal sites (LERRDs) or work-in-kind. Work-in-kind may be provided subsequent to the execution of a Project Partnership Agreement (PPA).
Requesting Assistance: To request assistance under Section 206, please provide a written request to the Corps' Omaha District. This request should contain a brief description of the assistance needed and any additional concerns or issues. Authority and Funding: Section 514 of the Water Resources Development Act of 1999 provides a continuing authority for the Corps of Engineers to protect and enhance fish and wildlife habitat of the Missouri River and the middle Mississippi River. Each project is limited to a federal cost share of no more than $5 million.
Description: Section 514 projects include modification and improvement of navigation training structures, modification and creation of side channels, restoration and creation of island habitat, creation of riverine habitat and restoration of oxbow habitat. Section 514 also includes physical and biological monitoring for evaluating the success of the project.
Cost: The initial study proposal is 100% federally funded. After study proposal approval, costs for feasibility study, plans and specifications and construction costs are cost shared 65/35 (65% federal and 35% sponsor). The non-federal sponsor cost share is not payable unless and until the Project Cooperation Agreement (PCA) is signed during the design phase.
The sponsor must provide all lands, easements, rights-of-way, relocations and disposal sites (LERRDs) and the current market value of LERRDs is credited towards the sponsor's 35% share of total costs. The sponsor is responsible for all operation, maintenance, repair, rehabilitation and replacement required for the project modifications; however, by subagreement a third party can perform these responsibilities for the sponsor.
Requesting Assistance: To request assistance under Section 514, please provide a written request to the Corps' Omaha District. This request should contain a brief description of the assistance needed and any additional concerns or issues. Authority and Funding: Section 208 of the Flood Control Act of 1954, as amended, provides a continuing authority for the Corps of Engineers to clear stream channels to increase channel flow capacity, decrease flooding and reduce damage from the debris carried by flood flows. Each project is limited to a federal cost share of no more than $500,000.
Description: Section 208 of the Flood Control Act of 1954, as amended, provides authority for the Corps to clear channels of accumulated snags and debris and to perform limited excavation work. Embankment construction is limited to the use of the material excavated from the channel.
The Corps conducts an initial appraisal early in the feasibility study to determine whether the project meets program criteria and provides a basis for determining scope and cost of an entire feasibility study. The solution must be economically feasible and environmentally acceptable. If an acceptable alternative is identified in the feasibility study, the Corps prepares plans and specifications, then manages construction of the project.
Cost: The feasibility study is 100% federally funded up to $100,000. Costs over $100,000 are shared equally (50/50) with the non-federal sponsor. Up to one-half of the non-federal share can be in the form of in-kind services. Costs for preparation of plans and specifications and construction are cost shared 65/35 (65% federal and 35% non-federal). The non-federal share of construction consists of provision of any necessary lands, easements, rights-of-way, relocations and disposal areas (LERRDs), plus a cash contribution of 5% of the total project costs. In the event that the value of LERRDs, plus 5% cash, does not equal at least 35% of the total project cost, the non-federal sponsor must contribute additional cash to equal 35%.
Requesting Assistance: To request assistance under Section 208, please provide a written request to the Corps' Omaha District. This request should contain a brief description of the assistance needed and any additional concerns or issues. Authority and Funding: Section 107 of the River and Harbor Act of 1960, as amended, provides a continuing authority for the Corps of Engineers to construct small projects to improve navigation. Each project is limited to a federal cost share of no more than $4 million.
Description: Typical Section 107 projects in the Missouri River include constructing small boat harbors, marinas and navigational aids and dredging entrance channels. The Corps does not participate in the cost of dredging berthing areas, slip space, access to individual private docks, or the construction of piers, ramps and other shore facilities. The sponsoring community must agree to construct and maintain at local cost a public landing sufficient to serve the type and number of commercial boats for which the federal project is designed.
Cost: Initial feasibility study is 100% federally funded up to $100,000. Any costs over the $100,000 is cost shared 50/50 (50% federal and 50% non-federal). The non-federal sponsor provides any needed lands, easements, rights-of-way, relocations and disposal areas (LERRDs) plus 20% of the cost of general navigation features and 50% of the cost of recreation features.
The non-federal share for navigation projects with a design depth of 20 feet or less is 10% up-front during construction and 10% after construction over a period of up to 30 years. For design depths of 20 to 45 feet the up-front share increases to 25%, and over 45 feet the up-front share is 50%.
The federal government provides initial operation and maintenance (O&M) of the general navigation features; however ultimately the non-federal interest becomes responsible for all O&M.
Requesting Assistance: To request assistance under Section 107, please provide a written request to the Corps' Omaha District. This request should contain a brief description of the assistance needed and any additional concerns or issues.
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