Cost Sharing Applications.

EP 1165-2-1

30 Jul 99

(c) expanding any confined dredged material disposal facility

authorized by Section 123 of the River and Harbor Act of 1970, for

which the capacity of the confined dredged material disposal facility

was exceeded in less than six years.

(5) Dredged Material Disposal Facility Partnerships (Section

217 of WRDA 1996).

(a) The SA/Federal Government may, at the request of a non-

Federal interest, add capacity at a dredged material disposal site

being constructed by the SA/Federal Government if the non-Federal

sponsor pays, during the period of construction, all costs associated

with the additional capacity. The non-Federal interest can set and

collect fees assessed to third parties to recover those costs.

(b) The SA/Federal Government may allow non-Federal interests

to use capacity in an existing Corps disposal site if such use will

not reduce the availability of the facility for the Federal project.

The (SA)/Federal Government can impose fees to recover capital,

operation, and maintenance costs associated with the partner's use.

(c) The SA/Federal Government may use public-private

partnerships in the design, construction, management, or operation of

dredged material disposal facilities in connection with construction

or maintenance of Federal navigation projects. These partnerships may

be implemented through agreements with non-Federal interests, a

private entity, or both. Funds for the work may be provided in whole

or in part by the private entity. The SA/Federal Government may

reimburse the private entity, subject to appropriations, for the

disposal of dredged material in the facility through the payment of a

disposal user fee. The fee shall be sufficient to recover the funds

contributed by the private entity plus a reasonable rate of return on

investment. The Federal share of the fee shall equal the Federal

percentage of the disposal facility cost, in accordance with existing

cost sharing requirements.

(6)

Cost Sharing Applications.

(a) Where channel deepening is not limited to one depth zone

(e.g., where a channel is being deepened from 40 to 50 feet) cost

sharing is determined as shown in Appendix G to ER 1165-2-131. This

approach also applies to GNF features associated with such a project

which involves deepening which crosses different depth zones such as

widenings, turning basins, and anchorage areas. The existing and

improved main channel depths will be used to determine cost sharing

(e.g., for a channel deepened from 40 to 50 feet, there are two depth

zones - one to from 40 to 45 feet, and a second from 45 to 50 feet -

even though widening or other GNF features may be in areas that have

natural depths of 20 feet or less).

(b) Where channel deepening is limited to one depth zone (e.g.,

where a channel is deepened from 40 to 45 feet) cost sharing is

determined by the improved depth.

(c) Where channel deepening is limited to one depth zone (e.g.,

where a channel is deepened from 40 to 45 feet) the cost sharing for

the entire cost of GNF associated with that deepening project are

determined by the improved depth (e.g., if there is channel widening

associated with a project deepened from 40 to 45 feet, all of the

widening costs will be shared at the cost sharing which applies to the

45 foot depth (25 percent during construction) even though the

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