EP 1165-2-1
30 Jul 99
c. Special Beneficiary Situations. Special beneficiary
situations will be identified in preauthorization studies, and the
basis for including or excluding special non-Federal cooperation will
be stated in the report and its recommendations. The policy basis is
Section 2 of the River and Harbor Appropriations Act approved 5 June
1920 (33 U.S.C. 547) which specifies that "Every report submitted to
Congress ... shall include a statement of special or local benefits
... with recommendations as to what local cooperation should be
required, if any, on account of such special or local benefits."
Generally, the Corps does not support projects that serve only
property owned by a single individual, commercial/business enterprise,
corporation, or club or association with restrictive membersip
requirements (see paragraph 12-6). When a project provides large
benefits to a few beneficiaries, the Corps gives close scrutiny to the
existence of:
(1) windfall land enhancement benefits accruing to limited
special interests resulting from reduction of flood hazards;
(2) land creation benefits resulting from harbor projects (see
ER 1105-2-100, paragraph 4-7); and
(3) special savings to land owners in the cost of fill
material or enhancement of land values as a result of disposal of
material excavated from project areas.
5-14. Release of Information on Civil Works Investigations and
Reports.
a. Disclosure of Information. It is Federal policy that the
maximum amount of information shall be made available to the public.
Disclosure of information is the rule and withholding of information
is the exception. The Freedom of Information Act Amendments of 1974
(Public Law 93-502) include a requirement, among other provisions,
that a decision to release or not to release records must be made
"within ten days" (as defined therein). The Federal Civil Works
function requires preparation of many types of reports leading to a
variety of actions. Information must be gathered and used to permit a
thorough analysis, reach sound conclusions, and make appropriate
recommendations. Information needed includes market and sales
information; present and future commodity movements; plans of
expansion and new locations of industry; operating costs of
transportation companies; damage estimates of real and personal
property; and real estate appraisals. These data are vital to
preparation of the Civil Works reports that lead to recommendations
concerning sizeable expenditures of public funds. While in many
instances the necessary information can be obtained only on a
privileged "in confidence" basis, the Corps will endeavor to release
sufficient information to permit public scrutiny of the non-privileged
data supporting the reports, especially those recommending
expenditures of public funds. Questions as to the propriety of
release of data considered sensitive or privileged must be identified
and forwarded to the Chief of Engineers, the initial denial authority
(IDA), within three working days following receipt of the request for
a determination.
b.
Collection and Use of Privileged Data.
(1) Whenever feasible, information will be requested and
obtained in such a manner that it can be released to the public.
5-18
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