Under Section 1135, a Continuing Authorities Program, the U.S. Army Corps of Engineers (USACE) has the authority to modify existing USACE water resources projects to restore the environment and construct new projects to restore areas degraded by USACE water resources projects.

Eligible Uses

Projects that provide environmental benefits through restoring, improving, or protecting habitat for plants, fish, and wildlife in areas of water. These projects modify existing USACE projects to restore the environment or are new projects to restore areas degraded by a USACE project.

Eligible Recipients

Eligible recipients are USACE non-federal sponsors, which includes legally constituted public entities and nonprofit entities.

Approx Annual Funding Amount

The program was funded at $8 million for Fiscal Year 2022, and the Bipartisan Infrastructure Law included $62.9 million to be available until expended.

Cost Share Requirements

The federal cost-share is 100% for the initial $100,000 of feasibility study costs, 50% for remaining feasibility study costs, and 75% for implementation costs. The federal cost-share of an individual project carried out under this authority cannot exceed $10 million. The non-federal sponsor’s cost-share match may include cash, work-in-kind, or a combination of both. Legislation in 2020 authorized a pilot program for USACE to conduct 10 Continuing Authorities Program projects at full federal expense for small or economically disadvantaged communities. In-kind contributions are accepted.

Application Cycle

To start a Section 1135 project, contact your local USACE District to submit a written request for assistance/Letter of Intent (sample 1135 letter), request an initial site visit, determine if your community meets eligibility as “economically disadvantaged,” and secure financial requirements.


See this linked document for contacts for USACE programs.

Other Info

  • This program is covered under the Justice40 Initiative.
  • This is not a grant program, but a program in which projects are developed by a local sponsor with USACE input and cost-share requirements. (See 33 U.S.C. § 2309a.)