US Army Corps of Engineers

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Planning Principles & Procedures – FY11

AUTHORIZATION AND APPROPRIATIONOR “It Takes Two to Tango"

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REFERENCES

EC 11-2-XXX, Corps of Engineers Civil Works Direct Program, Program Development Guidance, Fiscal Year 201X

Draft EC 1105-2-220, Civil Works Legislative Process

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OBJECTIVES

1. To be able to identify the various sources of authorities to conduct a study.

2. To be able to explain the difference between authorization and appropriation.

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AUTHORIZATION

Definition: Permission to undertake a specific activity. (e.g., the keys to the car)

Corps needs separate authorization for studies and project construction

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STUDY AUTHORIZATION PROCESS

Local officials ask Corps for assistance If no existing authority, locals ask congressional

delegation for study authorization. Member asks House T&I or Senate E&PW

Committee to authorize study. Committee asks Corps for information. Committee adopts study resolution.

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EXAMPLE STUDY RESOLUTION LANGUAGE

BIG SANDY WATERSHED, KENTUCKY, WEST VIRGINIA, AND VIRGINIA

SEC. XXXX. Big Sandy Watershed, Kentucky, West Virginia, and Virginia

The Secretary shall conduct a study to determine the feasibility of reallocating authorized reservoir storage for authorized water resources project purposes, including water supply, low-flow augmentation, flood control, ecosystem restoration, and recreation, within the Big Sandy Watershed in Kentucky, West Virginia, and Virginia.

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EXAMPLE STUDY RESOLUTION LANGUAGE

“Resolved by the Committee on Transportation and Infrastructure of the United States House of Representatives, That the Secretary of the Army is requested to review the report of the Chief of Engineers on the Comprehensive Flood Control Plan for Ohio and Lower Mississippi Rivers published as House Document 1, 75th Congress, 1st Session, and other pertinent reports to determine whether modifications to the recommendations contained therein are advisable to address the need for flood damage reduction, environmental restoration and protection, and for other purposes in the Duck Creek watershed in Guernsey, Monroe, Noble, and Washington Counties, Ohio.”

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EXAMPLE PROJECT AUTHORIZATION LANGUAGE

TITLE I - WATER RESOURCES PROJECTS (WRDA 1999)

SEC. 101. PROJECT AUTHORIZATIONS.

(a) PROJECTS WITH CHIEF’S REPORTS. - The following projects for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the respective reports designated in this subsection:

(3) SAND POINT HARBOR, ALASKA. - The project for navigation, Sand Point Harbor, Alaska: Report of the Chief of Engineers dated October 13, 1998, at a total cost of $11,760,000, with an estimated Federal cost of $6,964,000 and an estimated non-Federal cost of $4,796,000.

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STANDING AUTHORITIES

Continuing Authorities Program Section 216 of FCA of 1970 Review of Completed Works Section 22 of WRDA 74 Single Purpose Water Supply Section 22 of WRDA 74 Planning Assistance to States

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APPROPRIATION

Definition: Approval to obligate and expend funds for an authorized activity. (e.g., money for gas)

13 Appropriations Acts fund the U. S. Government

Corps Civil Works appropriations are in the Energy and Water Development Appropriations Act

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THREE PHASES OF THE

CIVIL WORKS PROGRAM

Defense

Development

The Program

Exe

cuti

on

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Seamless Funding of CW Project Development

-2 -1 0 1 2 3 4 5 6 7 8

R

R1

R1

R1

$

$1

$1

$1

R = Request $ = Appropriation = Execution

Fiscal Year

R2

$2

R3

$3

R2

$2

R2

R3

R4

$2

$3

A

A

A = Authorization

Reconnaissance

Feasibility

PED

Construction

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SUMMARY

Sources of study authority include:► House or Senate Committee Resolution► WRDA, Appropriations, or other Act of law.► Section 216 of 1970 Flood Control Act► Section 2 of 1958 Fish & Wildlife Coord. Act► Continuing Authorities Program

Authorization is permission to undertake a specific activity (study or project).

Appropriation is approval to obligate and expend funds for an authorized activity.