EP 1165-2-1
30 Jul 99
construction is underway, the Appropriations Committees should be
notified and the Corps position outlined. Ordinarily, the Corps
defers all contract awards until after the next appropriations
hearings in order to give the Committees an opportunity to explore the
matter carefully, and construction would proceed if funding is
continued. For projects where construction is underway, the Corps
cannot, on its own, terminate construction except for engineering
reasons. If a governor raises objections to a project physically
under construction, existing contracts should be continued. New
contracts can be deferred until after appropriation hearings have been
conducted, if they do not seriously delay progress on the project.
Otherwise, the Corps should inform the Committees of its intention to
award new contracts and do so unless instructed not to. Only the
courts or Congress can halt a project in this category.
3-4. Identification and Administration of Cultural Resources. The
Reservoir Salvage Act of 1960, Public Law 86-523, as amended, provides
Federal agencies the authority to expend up to one percent of the
amount authorized to be appropriated for the project to conduct
cultural resource surveys and follow-on activities on a
nonreimbursable basis. The consideration of the effects of projects
on cultural resources is initiated in preauthorization studies.
Studies are coordinated with the National Park Service; the Advisory
Council on Historic Preservation; and the appropriate State Historic
Preservation Officer. A primary emphasis is to provide for cultural
activities prior to completion of project construction. However,
where need for such activities may occur during the operation and
maintenance of the project by the Federal Government, it will be
undertaken.
a. Identification, Survey, and Evaluation. The costs of
identifying, surveying, and evaluating historical properties will be
treated as reimbursable planning costs, in accordance with Section
208(l) of Public Law 96-515 (16 U.S.C. 469c-2). Costs of these
activities during feasibility studies will be shared with the study
cost-sharing partner in accordance with Section 105(a) of WRDA 1986.
Costs of these activities during or following preconstruction
engineering and design (PED) studies will be shared with the non-
Federal sponsor in accordance with Section 105 of WRDA 1986.
b. Recovery and Mitigation. The costs of recovery and
mitigation activities associated with historic preservation will be
treated as nonreimbursable project construction costs, up to the one
percent limitation specified in Section 7(a) of Public Law 93-291 (16
U.S.C. 469c). Nonreimbursable project costs are to be kept separate
from other project construction costs, and are not subject to cost
sharing. The costs of recovery and mitigation activities associated
with historic preservation which exceed the one percent limitation
specified in Section 7(a) of Public Law 93-291 will be treated as
follows:
(1) Non-Federal sponsors will be asked to pay a portion of the
project costs over the one percent limitation, and waivers will be
obtained to spend more than the one percent on recovery and mitigation
activities, as specified in Section 208(3) of Public Law 96-515.
Requests for waivers should be referred to HQUSACE (ATTN: CECW-A)
along with justification.
(2) Once a waiver is obtained, expenditures for recovery and
mitigation activities over the one percent limitation will be shared
in the same manner as project costs are shared. For flood control,
3-4
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