With the USACE Continuing Authorities Program (CAP), USACE and a local partner can plan, design, and implement certain types of water resources projects without additional project-specific congressional authorization. CAP studies and projects are of a more limited size, cost, scope, and complexity compared to specifically authorized studies and projects.

Guidance EP 1105-2-58: Continuing Authorities Program (formerly Appendix F of the PGN) This appendix provides the policy and procedural guidance for planning, design, and implementation of projects pursued under the legislative and administrative provisions of the Continuing Authorities Program (CAP). Note: This EP replaces the existing Appendix F of the Planning Guidance Notebook. Economic Guidance Memorandum 23-02: Cost Sharing for Territories and Tribal Nations This EGM provides the updated cost share waiver amount for U.S. Territories and Tribal Nations for FY2023. Economic Guidance Memorandum 23-03: Unit Day Values for Recreation for Fiscal Year 2023 This EGM contains a detailed description of the application of the unit day value (UDV) method as well as unit day values to be used for FY2023. Continuing Authorities Program (CAP) - Approval Level for Locally Preferred Plans This memo delegates authority to approve policy waivers for Locally Preferred Plans (LPPs) from the Chief of Engineers to MSC Commanders when the non-federal sponsor has agreed to pay for all cost over the federal share of federal plan and the LPP has outputs that are in kind, and equal to or greater than the outputs of the federal plan. Continuing Authorities Program (CAP) - Approval Level for Section 14, Section 103, Section 107, Section 204, Section 205, Section 206, and Section 1135 Decision Documents This memo authorizes MSC Commanders to further delegate to District Commanders the approval of CAP decision documents for Sections 14, 103, 107, 204, 205, 206, and 1135 that are consistent with policy. Continuing Authorities Program Approval Level for Costs in Excess of the Federal Participation Limit This memo authorizes the Director of Civil Works to approve policy waivers for projects where the federal share of total project costs would otherwise exceed the federal per-project limit from 25 to 50 percent, provided that non-federal sponsor has agreed to pay for all study and construction costs that exceed the federal participation limit. Similarly, this memo authorizes MSC Commanders to approve policy waivers for projects that would otherwise exceed the federal per-project cost limit by 25 percent or less. Director's Policy Memo - Continuing Authorities Program (CAP) Feasibility Phase Process Changes This Director's Policy Memorandum (DPM) updates various Continuing Authorities Program (CAP) internal processes in order to effectively and efficiently implement recent delegations from the Assistant Secretary of the Army for Civil Works (ASA(CW)) and USACE Headquarters (HQUSACE). This DPM addresses the execution of the feasibility cost share agreement (FCSA), the approval of the project review plan, changes to the two required CAP study milestones, and the certification of cost estimates. Further, this DPM provides a framework for the development of program assessment tools and a process for certifying District capability to perform the delegations. Implementation Guidance for Section 125(a)(2)(C) of the Water Resources Development Act of 2020, Beneficial Use of Dredged Material Section 125(a)(2)(C) of the Water Resources Development Act (WRDA) of 2020 amends Section 204(d) of WRDA 1992 (33 U.S.C. 2326(d)) to authorize the Secretary of the Army for Civil Works to use funds appropriated for construction or operation and maintenance of a project involving the disposal of dredged material when selecting a disposal method that is not the least cost option based on a determination that the incremental costs of the disposal method are reasonable in relation to the environmental benefits or the hurricane and storm or flood risk reduction benefits. This memorandum provides guidance and direction on implementation of Section 125(a)(2)(C) and rescinds and replaces the implementation guidance for Section 1038 of the Water Resources Reform and Development Act of 2014. Engineer Regulation 1105-2-100: Planning Guidance Notebook The Planning Guidance Notebook provides the overall direction by which the Corps of Engineers civil works projects are formulated, evaluated, and selected for overall implementation. ER 1105-2-100, the Planning Guidance Notebook will be superseded by several different pieces of new guidance. This December 2023 version of the ER contains the elements of the Planning Guidance Notebook that are still in effect (Chapter 4 and Appendices C, D, E and G). Engineer Regulation 1165-2-119: Water Resources Policies and Authorities - Modifications to Completed Projects This regulation provides guidance on the use of available authorities in comparison to the need for new project authorizations. Memo: Cost Sharing for Lands Associated with Fish and Wildlife Mitigations (September 19, 2006) This memorandum provides guidance on the policy applicable to cost-sharing of lands, easements, rights of way, and relocations (LERRs) associated with fish and wildlife mitigation for water resources development projects, including continuing authorities program projects. The guidance will be applied prospectively to ongoing and future pre-authorization and pre-Project Cooperation Agreement (PCA) planning activities. Model Cost Share Agreements for CAP Delegation of Authority - Approval Levels for Section 14 Decision Documents, Locally Preferred Plans, and Costs in Excess of Federal Project Limit The subject memo from the Assistant Secretary of the Army for Civil Works (ASA(CW)) authorizes and encourages Headquarters' delegation of certain decisions within the Continuing Authorities Program. These delegations of authority are effective immediately and supersede all previous delegations of this authority without prejudice to any prior actions. Per the 1 August 2023 ASA(CW) Memorandum, "Interim Delegation of Authority - Approval Levels for Section 14, 103, 107, 204, 205, 206, and 1135 Decision Documents; Locally Preferred Plan; and Costs in Excess of Federal Project Limit," these delegations are temporarily extended through 31 December 2023. Implementation Guidance for Section 155 of the Water Resources Development Act of 2020, Small Water Storage Projects This memorandum provides interim guidance and direction to the USACE Civil Works related to Small Water Storage Projects. This memorandum applies to Headquarters and all Divisions, Districts, and Field Offices of the U.S. Army Corps of Engineers (Corps) with civil works responsibilities. Interim Delegation of Authority - Approval Levels for Section 14, 103, 107, 204, 205, 206, and 1135 Decision Documents; Locally Preferred Plan; and Costs in Excess of Federal Project Limit This subject memo from the Assistant Secretary of the Army for Civil Works (ASA(CW)) temporarily extends the delegation of authority approval levels for the Continuing Authorities Program (CAP) Section 14, 103, 107, 204, 205, 206, and 1135 decision documents, Locally Preferred Plans, and costs in excess of the Federal Project Limit through 31 December 2023. Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities (2023) Program Website: Pilot Program for Water Resources Projects in Small or Disadvantaged Communities The USACE Headquarters WRDA 2020 Implementation Guidance page includes additional information about this pilot program. Federal Register Notice: Request for Project Proposals for Water Resources Projects in Small or Disadvantaged Communities This Federal Register Notice announced the opening of the proposal period for communities to submit a proposal for fully federally funded CAP projects in small or disadvantaged communities. The Notice includes information on the multiple CAP authorities, the criteria to be used, the definition of small or disadvantaged communities, and additional information about submitting a proposal for consideration. The proposal period has been extended; proposals must be submitted by October 20, 2023. Implementation Guidance for Section 165(a) of the Water Resources Development Act of 2020, Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities, as amended Section 165(a) of the Water Resources Development Act (WRDA) of 2020, as amended by Section 8118 of WRDA 2022, directs the Secretary to implement a pilot program for carrying out up to 20 continuing authority projects in economically disadvantaged communities. The implementation guidance describes the eligibility requirements, general and mission-specific screening considerations, project requirements, and other implementation procedures that apply to the pilot program. The Federal cost share of selected projects is 100 percent. Fact Sheet: 2023 Pilot Program for Water Resources Projects in Small or Disadvantaged Communities This fact sheet provides information on how to apply to the 2023 pilot program under the Continuing Authorities Program (CAP), which fully funds small water resources projects for economically disadvantaged communities under Section 165 of the Water Resources Development Act (WRDA) 2020. Sample Letter of Intent: Pilot Program for Water Resources Projects in Small or Disadvantaged Communities This downloadable Word document is template or example of a required “Letter of Intent” for a community proposing a federally funded CAP project in a small or disadvantaged community. Total Federal Cost Limit Calculation Tool for CAP Section 165(a) Pilot Projects This Excel spreadsheet tool should be used to calculate the total federal cost limit for Continuing Authorities Program WRDA 2020 Section 165(a) pilot projects. Resources Summary of Continuing Authorities This table provides a summary of continuing authorities, including each authority's purpose, the federal/non-federal feasibility cost share, the federal/non-federal implementation cost share, and the federal project limit/program limit. CAP Section 14 Fact Sheet and Sample Request Letter This fact sheet provides information on Section 14 - Emergency Stream Bank and Shoreline Protection, under which USACE can partner with a non-federal sponsor to plan and construct emergency stream bank and shoreline protection for public facilities in imminent danger of failing (e.g., roads, bridges, hospitals, schools, treatment plants). CAP Section 103 Fact Sheet and Sample Request Letter This fact sheet provides information on Section 103 - Coastal Storm Damage Reduction Projects, under which USACE can partner with a non-federal sponsor to plan and construct small coastal storm damage reduction projects that have not previously been specifically authorized by Congress and are not part of a larger project. CAP Section 107 Fact Sheet and Sample Request Letter This fact sheet provides information on Section 107 - Commercial Navigation Improvements, under which USACE can partner with a non-federal sponsor to plan and construct commercial navigation projects that have not previously been specifically authorized by Congress and are not part of a larger project. CAP Section 205 Fact Sheet and Sample Request Letter This fact sheet provides information on Section 205 - Small Flood Risk Management Projects, under which USACE can partner with a non-federal sponsor to plan and construct small flood damage reduction projects that have not previously been specifically authorized by Congress and are not part of a larger project. CAP Section 206 Fact Sheet and Sample Request Letter This fact sheet provides information on Section 206 - Aquatic Ecosystem Restoration, under which USACE can partner with a non-federal sponsor to develop aquatic ecosystem restoration and protection projects that improve the quality of the environment. CAP Section 1135 Fact Sheet and Sample Request Letter This fact sheet provides information on Section 1135 - Project Modifications for Improvement of the Environment, under which USACE can partner with a non-federal sponsor to modify structures and operations of water resources projects constructed by the Corps for the purpose of improving the quality of the environment. Restoration projects can also occur at locations where an existing Corps project contributed to the degradation of the environment. Training Continuing Authorities Program (CAP) Updates - September 2020 This webinar presented by the Revolutionize Civil Works Team discussed the latest changes to CAP, including an overview of the new CAP approval delegations and Director's Policy Memorandum guidance to increase planers' understanding and expectations. The team also highlighted why these changes are significant and how they will benefit USACE as well as USACE partners.

Webinars

2023
• CAP Section 165(a) Pilot Program for Small and Economically Disadvantaged Communities (26 July)
  
  This webinar discussed the Continuing Authorities Program (CAP) Section 165(a) Pilot Program for Small and Economically Disadvantaged Communities that was authorized in the Water Resources Development Act of 2020, as amended. Presenter Amy Babey (HQUSACE CAP Program Manager) addressed the implementation guidance for WRDA 2020 Section 165(a), the definition of economically disadvantaged communities as applied to Section 165(a), project eligibility, the application process (including the Federal Register Notice and application requirements), cost sharing and total federal limits, and the project selection process.
  
  2020
• Continuing Authorities Program (CAP) Updates September 2020 (29 September)
  
  This webinar presented by the Revolutionize Civil Works Team discussed the latest changes to CAP, including an overview of the new CAP approval delegations and Directors Policy Memorandum guidance to increase planers understanding and expectations. The team also highlighted why these changes are significant and how they will benefit USACE as well as USACE partners.
  
  2018
• LRD and SPD Sharing Lessons on CAP Execution (1 March)
  
  Mr. Mike Saffran (LRD) and Mr. Mark Bierman (SPD Regional CAP Production Center) shared information on efforts in LRD and SPD to improve execution of the Continuing Authorities Program (CAP).
  
  

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