EP 1165-2-1
30 Jul 99
relocations, etc. In some cases, however, cash payments are required
toward first costs, as in non-Federal contributions required toward
certain purposes and in return for special benefits (see subparagraph
5-13.c below). Normally the payment is in a single lump sum, though
Section 40 of Public Law 93-251 provides general authority to permit
non-Federal interests to make annual payments of required contributed
funds as construction proceeds. While legislative authorities permit
extending repayment for certain projects under certain conditions, the
Corps views such arrangements as contrary to the intent of non-Federal
cost sharing, which is to maximize the number of projects that can be
undertaken in each year's Federal appropriations. The terms of
payment should be specified in the planning report. Authorities for
advance project work by non-Federal sponsors subject to subsequent
reimbursement or credit toward items of non-Federal cooperation are
available and may be considered when helpful in achieving timely
accomplishment of needed actions (see paragraphs 8-6 and 13-12).
Otherwise, there is no general authority to allow non-Federal sponsors
to substitute work-in-kind for required cash contributions. Any such
substitutions, to be allowable, must have been provided for in report
recommendations or specified by the subsequent project authorization
language.
5-13. Recommendations. The recommendations in a study report are
based upon the study findings and are a concise statement of the plan
or improvements recommended, or of no Federal participation at this
time, as appropriate. When Federal participation is recommended,
clear, standard wording in simple statement form is used since it
becomes the basis of authorization and is thus, for all practical
purposes, draft legislation. Reliance is placed on a simple citing of
the selected plan presented in the report. Similarly, citations of
Acts bearing on non-Federal participation is simple and paraphrasing
avoided. When separable elements of a plan are independently
justified and functional, reports may recommend implementation of the
plan by separable element. Such recommendations provide for obtaining
written agreements for items of local cooperation for each element and
proceeding with construction of that element independent of remaining
elements.
a. Nature of Recommendations. Recommendations for Federal
participation generally consist of two parts. The first is the
authority being sought for the Chief of Engineers to undertake,
modify, and maintain, as appropriate, the cited inprovements as
Federal projects or programs, with discretionary authority for
modifications (and any clarifying provisions needed to cover desirable
project-related divergences from general-law-related Federal
practice). Second, is the specification of non-Federal participation
in construction, operation, maintenance and the requirements of
non-Federal assurances for other necessary cooperation, such as the
prevention of encroachments on flood control channels. Where cost
estimates are shown, they will be presented in the context of
estimates for information and not as binding amounts.
b. Changes in Recommendations. The initial recommendations
are those in the basic report, which is usually that of the District
Commander, and will be consistent with legislative requirements,
precedents, and policies. They may be modified in the subsequent
correspondence. It is acknowledged in the Chief's report that the
recommendations therein are subject to modification before they are
transmitted to Congress as proposals for authorization and
implementation funding.
5-17
Previous Page
