US Army Corps of Engineers
Huntington District

Continuing Authorities Program (CAP)

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Congress has delegated the Corps a number of standing authorities to study and build water resource projects for various purposes without the need for further Congressional approval. There are specified limits on the amount of federal money that can be spent for a project under these continuing authorities. The project development process is similar to individually authorized studies and projects, including cost sharing requirements. However, the process is streamlined, since specific individual Congressional authorization is not required for these smaller studies and projects. This saves development and approval time, thereby reducing the time required to respond to small water resources challenges and opportunities. The Continuing Authorities Program includes the following project purposes, reference authorities (i.e., Section number), and limits on federal expenditures. The term "Section" is simply a designator that lets you know which section of public law authorized (permitted) the Corps to perform the activity.

Authorities

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Section 107 of the 1960 Rivers and Harbor Act provides authority for the Corps of Engineers to improve navigation including dredging of channels, widening of turning basins and construction of navigation aids, through a partnership with non-Federal government agencies such as cities, counties, special authorities, or units of state government. The maximum Federal cost for project development and construction of any one project is $4,000,000 and each project must be economically justified, environmentally sound, and technically feasible.
Section 1135 of the 1986 Water Resource and Development Act provides authority for the Corps of Engineers to restore degraded ecosystems through modifications to Corps structures and operations of Corps structures. The maximum Federal cost for project development and construction of any one project is $5,000,000 and each project must be economically justified, environmentally sound, and technically feasible.
Section 14 of the 1946 Flood Control Act provides authority for the Corps of Engineers to prevent erosion damages to public facilities, such as bridges, roads, public buildings, sewage treatment plants, water wells, schools, etc. Private property is not eligible. The maximum Federal cost for project development and construction of any one project is $1,000,000 and each project must be economically justified, environmentally sound, and technically feasible.
Section 205 of the 1948 Flood Control Act provides authority for the Corps of Engineers to develop and construct small flood control projects through a partnership with non-Federal government agencies such as cities, counties, special authorities, or units of state government. Projects are planned and designed under this authority to provide the same complete flood control project that would be provided under specific congressional authorization. The maximum Federal cost for project development and construction of any one project is $7,000,000 and each project must be economically justified, environmentally sound, and technically feasible. Flood control projects are not limited to any particular type of improvement. Levee and channel modifications are examples of flood control projects constructed utilizing the Section 205 authority.
Section 206 of the Water Resources Development Act of 1996 authorizes the Corps of Engineers to participate in planning, engineering and design, and construction of projects to restore degraded ecosystem structure, function, and dynamic processes to a less degraded, more natural condition. Projects require partnering with a non-Federal sponsor who may be a public agency, state or local government, or a large national non-profit environmental organization. The maximum Federal Cost is $5 Million.
Section 208 of the 1954 Flood Control Act provides authority for the Corps of Engineers for channel clearing and excavation, with limited embankment construction by the use of materials from the clearing operation only. The maximum Federal cost for the project development and construction is $500,000 and each project must be economically justified, environmentally sound, and technically feasible.

Projects

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Wurtland Channel Improvement, CAP Section 107 Project
Wills Creek, Linton Mine Road, Ohio - Environmental Restoration Project - Section 1135
Section 206, Aquatic Ecosystem Restoration Project, Boone, North Carolina
Aquatic Ecosystem Restoration Project, Section 206
Hoods Creek, Ashland, KY - Section 205 Project

Aquatic Ecosystem Restoration Project

Contact Info

Program Manager  304-399-5949

Programs Management Office 304-399-5959