EP 1165-2-1
30 Jul 99
therewith; 25 percent of that portion of the total cost of
construction of the GNF assigned to dredging to a depth in excess of
20 feet but not in excess of 45 feet and any overdepth dredging
associated therewith; and 50 percent of that portion of the total cost
of construction of the GNF assigned to dredging to a depth in excess
of 45 feet and any overdepth dredging associated therewith. At
projects where depths are not modified, non-Federal sponsors must
provide a share of the GNF costs, using the appropriate percentage
corresponding to the authorized or existing project depth, whichever
is greater. Non-Federal sponsors must pay an additional 10 percent of
the total cost of construction of the GNF, in cash, over a period not
to exceed 30 years. The value of lands, easements, rights-of-way, and
relocations (LERRs) provided by the non-Federal sponsor (paragraph
6-4.a(2)) for the construction, operation and maintenance of the GNF,
is credited toward this 10 percent payment, including credit for
utility relocation costs except in the case of deep-draft harbors
(depth over 45 feet) or harbors constructed by non-Federal interests
under Section 204 of WRDA 1986 (see paragraph 12-26.b) where the
credit would be limited to one-half of the cost of utility
relocations. In addition, no credit can be given to the non-Federal
sponsor for lands which lie within the Navigational Servitude. The
owner of a bridge requiring modification must share in the costs
according to the principles of the Truman-Hobbs Act (P.L. 77-647); the
balance is cost shared as part of the GNF.
(2) Non-Federal sponsors must provide the necessary LERR,
including LERR required for fish and wildlife mitigation for the
construction, operation and maintenance of the GNF. Non-Federal
sponsors must also perform or assure the performance of all
relocations and alterations of utilities, cemeteries, highways,
railroads, or public facilities, but excluding bridges over navigable
waters, necessary for the project, except that in the case of a
project for a deep-draft harbor (depth over 45 feet), including those
constructed by non-Federal sponsors under Section 204 of WRDA 1986,
one-half of the cost of each such utility relocation is borne by the
owner of the facility being relocated, and one-half by the non-Federal
project sponsor (see also paragraph 10-4.b).
(3) A sponsor must also provide and maintain, without cost to
the Federal Government, all local service facilities other than those
for GNF needed to achieve anticipated project benefits, including
dredging in berthing areas and local access channels serving GNF.
(4) Dredged Material Disposal Facilities (Section 201 of WRDA
1996). Upon request of a non-Federal sponsor, the Secretary of the
Army (SA) shall modify a Project Cooperation Agreement (PCA) executed
on or before 12 October 1996 to reflect the new cost sharing
provisions for dredged material disposal facilities for which a
contract for construction of such facilities has not been awarded.
The cost sharing provisions shall not increase the non-Federal share
of the construction, operation, or maintenance of:
(a) expanding any confined dredged material disposal facility
which is operated by the U.S. Army Corps of Engineers and which is
authorized for cost recovery through the collection of tolls;
(b) any confined dredged material disposal facility for which
the Invitation for Bids for construction was issued prior to 12
October 1996; and
6-4
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