Continuing Authorities Program (CAP)

SECTION 14 – EMERGENCY STREAMBANK AND SHORELINE PROTECTION
Flood Control Action of 1946, as amended

Section 14 of the 1946 Flood Control Act provides the Corps of Engineers authority to construct emergency shoreline and streambank protection works to protect public facilities, such as bridges, roads, public buildings, sewage treatment plants, water wells, and non-profit public facilities, such as churches, hospitals, and schools. The maximum Federal expenditure at any one site is $10 million and each project must be economically justified and environmentally sound.

Cost Sharing Requirements. Projects are undertaken on a cost shared basis. The Feasibility Study is 100 percent federally funded up to $100,000. The local sponsor is required to cost-share equally the cost of the Feasibility Study that exceeds $100,000. The local sponsor is also required to provide 35 percent of the implementation costs of developing plans and specifications and construction. The non-federal share of project implementation costs may include credit for lands, easements, rights-of-way, relocations, and disposal areas (LERRD) necessary for the project, plus a cash contribution of 5 percent of the total project implementation costs. In the event that the value of LERRD, plus 5 percent, does not equal at least 35 percent of the total project implementation cost, the non-federal sponsor must contribute additional cash to equal 35 percent.

Project Process. 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.

How to Request Assistance. Requests for assistance should be in the form of a letter (see sample provided below) describing the location and nature of the problem and requesting assistance under the program. The request should be submitted by a state or local government agency.

SECTION 103 – BEACH EROSION AND HURRICANE AND STORM DAMAGE REDUCTION
Rivers and Harbors Act of 1962, as amended

Section 103 of the 1962 River and Harbor Act authorizes the Corps of Engineers to study, design, and construct small coastal storm damage reduction projects in 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 storm damage reduction project that would be provided under specific congressional authorizations. The maximum Federal cost for planning, design, and construction of any one project is $10,000,000. Each project must be economically justified, environmentally sound, and technically feasible. Hurricane and storm damage reduction projects are not limited to any particular type of improvement. Beach nourishment (structural) and floodproofing (non-structural)are examples of storm damage reduction projects constructed utilizing the Section 103 authority.

Cost Sharing Requirements.  The Feasibility Study is 100 percent federally funded up to $100,000. Costs over $100,000 are shared equally 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 shared at 65 percent federal/35 percent non-federal. The non-federal share of construction consists of provision of any necessary lands, easements, rights-of-way, relocations and disposal areas (LERRD), plus a cash contribution of 5 percent of the total project costs. In the event that the value of LERRD, plus 5 percent cash, does not equal at least 35 percent of the total project cost, the non-federal sponsor must contribute additional cash to equal 35 percent.

Project Process.  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.

Section 107 - SMALL NAVIGATION PROJECT STUDY

Section 107 of the River and Harbor Act of 1960 provides authority for the Corps of Engineers to improve navigation including dredging of channels, anchorage areas, and turning basins and construction of breakwaters, jetties and groins, through a partnership with non-Federal government sponsor such as cities, counties, special chartered authorities (such as port authorities), or units of state government.  The maximum Federal cost for project development and construction of any one project is $10 million and each project must be economically justified, environmentally sound, and technically feasible.

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. 

Project Process and Local Costs.  Projects are undertaken on a cost-shared basis. The first step in the process is completion of an initial appraisal that determines if there is Federal interest in participating in feasibility study to identify a solution to the problemsand needs of the sponsor and waterway in question.  That initial appraisal is primarily an economic evaluation that results in a preliminary estimate of potential project costs and benefits and provides a decision-making tool for the Corps and Town to determine if they want to share in the cost of a feasibility study.   If a Federal interest is identified, then the Corps and the Sponsor would enter into an agreement to share the cost of a feasibility study.  The feasibility study must be cost-shared 50/50 between the Town and the Corps, except for the first $100,000 in study costs which is funded 100 percent Federal.  The feasibility study would examine alternatives for the problems and needs and determine the best solution consistent with Federal policy.  Section 107 Continuing Authority studies for small navigation projects are generally completed within 3 years of initiation.  The solution must pass three criteria: economic feasibility, environmental impacts, and it must have a local partnership. The steps in the process are:

1. Feasibility Study. The Corps will conduct a Feasibility Study, which is 100 percent federally funded up to $100,000. Costs over the $100,000 are cost shared with the non-federal sponsor on a 50/50 basis (up to one-half of the non-federal share can be in the form of in-kind services). An initial assessment early in the Feasibility Study will determine if Section 107 authority appears applicable and provides a basis for determining scope and cost of an entire Feasibility Study.


2. Preparation of Plans and Specifications. Detailed design and preparation of plans and specifications are treated as part of total project costs for purposes of cost sharing and the non-federal cost share for these activities is collected with the construction cost share.


3. Non-Federal Share of Construction. The non-federal share for navigation projects with a design depth of 20 feet or less 10 percent up-front during construction cost and 10 percent after construction over a period of up to 30-years.  For design depths of 20 to 50 feet the up-front share increases to 25 percent, and over 50 feet to 50 percent.


4. Future Project Maintenance. The Corps will be responsible for future project maintenance upon completion for project depths of 50 feet or less. 


5.  

How to Request Assistance. Requests for assistance should be in the form of a letter describing the location and nature of the problem and requesting assistance under the program. The request should be submitted by a state or local government agency.

SECTION 111 – SHORE DAMAGE PREVENTION OR MITIGATION OF DAMAGES CAUSED BY FEDERAL NAVIGATION PROJECTS

Section 111 of the 1968 River and Harbor Act provides authority for the Corps of Engineers to develop and construct projects for prevention or mitigation of damages caused by a Federal navigation project. This applies to both publicly and privately owned shorelines located along the coastal shorelines of the United States. Each project is limited to a Federal cost of not more than $12.5 million.  Mitigation efforts of shore damage caused by riverbank erosion or vessel-generated wave wash do not qualify under this authority. 

SECTION 204 – BENEFICIAL USE OF DREDGED MATERIAL
Water Resources Development Act of 1992, as amended 

Ecosystem Restoration in Connection With Dredging 

Section 204 of the Water Resources Development Act of 1992 provides authority for the Corps of Engineers to plan, design and build projects to protect, restore and create aquatic and ecologically related habitats in connection with dredging of authorized Federal navigation projects. Typically, these projects involve the beneficial use of dredged material from navigation channels to improve or create wetlands or waterbird nesting habitats.

Project Process. The process for Section 204 projects begins after a non-federal sponsor requests Corps of Engineers assistance under the program. When funding is available, the Corps of Engineers prepares a feasibility study, beginning with an estimate of the overall scope and cost of the study and a determination of whether the project is in the federal interest. The feasibility study formulates alternatives to achieve the restoration, evaluates the environmental effects of the alternatives, documents the project requirements, and provides a scope and cost estimate for project implementation. If the feasibility report recommends a plan for implementation, the Corps of Engineers prepares detailed project plans and specifications and obtains any required federal permits. The Corps of Engineers then manages construction of the project by a private contractor.

Cost Sharing Requirements. Cost sharing is based on the increase in cost of the ecosystem restoration project compared to the cost of disposal of dredged material without the ecosystem restoration project. Only the increased cost above the cost of the disposal option that would have been implemented without ecosystem restoration (referred to as the Base Plan) is cost shared. The Corps of Engineers funds the study and design. A non-Federal sponsor must contribute 35 percent of the cost of construction above the cost of the Base Plan, and 100 percent of the cost of operation and maintenance of the ecosystem restoration project. The Federal per project expenditure limit is $10 million. The sponsor is credited the value of real estate necessary to implement the project. The sponsor cannot receive credit for work in kind under this program.

How to Request Assistance. Requests for assistance should be in the form of a letter describing the location and nature of the problem and requesting assistance under the program. The request should be submitted by a state or local government agency* to Ms. Wendy Gendron, Chief, Planning Division, U.S. Army Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742-2751. For more information, call Byron Rupp of the Planning Division at 978-318-8172.

*Non-Federal sponsors must be public agencies or national non-profit organizations capable of undertaking future requirements for operation, maintenance, repair, replacement and rehabilitation (OMRR&R), or may be any non-profit organization if there are no future requirements for OMRR&R. All potential sponsors must be able to provide any required lands, easements, rights-of-way, relocations, and dredged or excavated material disposal areas (LERRD).

SECTION 205 – FLOOD CONTROL
Flood Control Act of 1948, as amended

Section 205 of the 1948 Flood Control Act authorizes the U.S. Army Corps of Engineers to study, design, and construct small flood control projects in 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 authorizations. The maximum Federal cost for planning, design, and construction of any one project is $10 million. 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.

Cost Sharing Requirements. The Feasibility Study is 100 percent federally funded up to $100,000. Costs over $100,000 are shared equally 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 shared at 65 percent federal/35 percent non-federal. The non-federal share of construction consists of provision of any necessary lands, easements, rights-of-way, relocations and disposal areas (LERRD), plus a cash contribution of 5 percent of the total project costs. In the event that the value of LERRD, plus 5 percent cash, does not equal at least 35 percent of the total project cost, the non-federal sponsor must contribute additional cash to equal 35 percent. If LERRD plus 5 percent exceeds 35 percent, the sponsor is responsible up to a maximum of 50 percent of the total project costs.

Project Process. The U.S. Army Corps of Engineers 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, USACE prepares plans and specifications, then manages construction of the project.

How to Request Assistance. Requests for assistance should be in the form of a letter describing the location and nature of the problem and requesting assistance under the program. The request should be submitted by a state or local government agency

FLOODPLAIN MANAGEMENT SERVICES
Section 206 of the Flood Control Act of 1960, as amended
 

Under the authority provided by Section 206 of the Water Resources Development Act of 1996, the U.S. Army Corps of Engineers may plan, design and build projects to restore aquatic ecosystems for fish and wildlife. Projects conducted in New England under this program have included eelgrass restoration, salt marsh and salt pond restoration, freshwater wetland restoration, anadromous fish passage and dam removal, river restoration, and nesting bird island restoration. Projects must be in the public interest and cost effective and are limited to $10 million in Federal cost.

Project Process. The process for Section 206 projects begins after a non-federal sponsor requests U.S. Army Corps of Engineers assistance under the program. When funding is available, USACE prepares a feasibility study, beginning with an estimate of the overall scope and cost of the study and a determination of whether the project is in the federal interest. The feasibility study formulates alternatives to achieve the restoration, evaluates the environmental effects of the alternatives, documents the project requirements, and provides a scope and cost estimate for project implementation. If the feasibility report recommends a plan for implementation, the U.S. Army Corps of Engineers prepares detailed project plans and specifications and obtains any required federal permits. USACE then manages construction of the project by a private contractor.

Cost Sharing. USACE provides the first $100,000 of study costs. A non-Federal sponsor must contribute 50 percent of the cost of the feasibility study after the first $100,000 of expenditures, 35 percent of the cost of design and construction, and 100 percent of the cost of operation and maintenance. The sponsor receives a credit for the value of real estate necessary to implement the project. The entire non-Federal share of the project cost may be credited as work in kind, but, to receive credit, the services must be provided after a formal Feasibility Study Cost Sharing Agreement or Project Cooperation Agreement is signed.

How to Request Assistance - Requests for assistance should be in the form of a letter describing the location and nature of the problem and requesting assistance under the program. The request should be submitted by a state or local government agency.*

*Non-Federal sponsors must be public agencies or national non-profit organizations capable of undertaking future requirements for operation, maintenance, repair, replacement and rehabilitation (OMRR&R), or may be any non-profit organization if there are no future requirements for OMRR&R. All potential sponsors must be able to provide any required lands, easements, rights-of-way, relocations and dredged or excavated material disposal areas (LERRD). The affected local government must consent to the non-profit entity being a sponsor. 

Section 208 - Clearing and Snagging Projects

Flood Control Act of 1954, as amended (amends Section 2, Flood Control Act of August 28, 1937)

Section 208 of the 1954 Flood Control Act provides authority for the U.S. Army Corps of Engineers for channel clearing and excavation, with limited embankment construction by the use of materials from the clearing operation to reduce nuisance flood damages caused by debris and minor shoaling of rivers. The maximum Federal cost for the project development and construction is $500,000 and each project must be economically justified, environmentally sound, and feasible.

Cost Sharing Requirements. The Feasibility Study is 100 percent federally funded up to $100,000. Costs over $100,000 are shared equally 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 shared at 65 percent federal/35 percent non-federal. The non-federal share of construction consists of provision of any necessary lands, easements, rights-of-way, relocations and disposal areas (LERRD), plus a cash contribution of 5 percent of the total project costs. In the event that the value of LERRD, plus 5 percent cash, does not equal at least 35 percent of the total project cost, the non-federal sponsor must contribute additional cash to equal 35 percent.

Project Process. The U.S. Army Corps of Engineers 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.

How to Request Assistance. Requests for assistance should be in the form of a letter describing the location and nature of the problem and requesting assistance under the program. The request should be submitted by a state or local government agency.

Section 1135 - Environmental Restoration

Under the authority provided by Section 1135 of the Water Resources Development Act of 1986, the U.S. Army Corps of Engineers may plan, design and build modifications to existing USACE projects, or areas degraded by USACE projects, to restore aquatic habitats for fish and wildlife. Projects conducted in New England under this program have included salt marsh and salt pond restoration, estuary restoration, freshwater wetland restoration, anadromous fish passage, and river restoration. Projects must be in the public interest and cost effective and are limited to $15 million in Federal cost.

Project Process.  The process for Section 1135 projects begins after a non-federal sponsor requests USACE assistance under the program. When funding is available, USACE prepares a feasibility study, beginning with an estimate of the overall scope and cost of the study and a determination of whether the project is in the federal interest. The feasibility study formulates alternatives to achieve the restoration, evaluates the environmental effects of the alternatives, documents the project requirements, and provides a scope and cost estimate for project implementation. If the feasibility report recommends a plan for implementation, USACE prepares detailed project plans and specifications and obtains any required federal permits. The U.S. Army Corps of Engineers then manages construction of the project by a private contractor.

Cost Sharing Requirements. USACE provides the first $100,000 of study costs. A non-Federal sponsor must contribute 50 percent of the cost of the feasibility study after the first $100,000 of expenditures, 25 percent of the cost of design and construction, and 100 percent of the cost of operation and maintenance. The sponsor receives a credit for the value of real estate necessary to implement the project. The non-Federal share of the feasibility study cost may be credited as work in kind, but, to receive credit, the services must be provided after a formal Feasibility Study Cost Sharing Agreement is signed. Up to 100 percent of the non-Federal share of the design and implementation cost may be credited as work in kind after a Project Cooperation Agreement is signed.

How to Request Assistance. Requests for assistance should be in the form of a letter describing the location and nature of the problem and requesting assistance under the program. The request should be submitted by a state or local government agency.*

*Non-Federal sponsors must be public agencies or national non-profit organizations capable of undertaking future requirements for operation, maintenance, repair, replacement and rehabilitation (OMRR&R), or may be any non-profit organization if there are no future requirements for OMRR&R. All potential sponsors must be able to provide any required lands, easements, rights-of-way, relocations, and dredged or excavated material disposal areas (LERRD).