EP 1165-2-1
30 Jul 99
required by the governing legislation (credit cannot, however, be
given against the minimum 5 percent cash contribution required for
structural flood control projects). Reimbursement by a cash payment
will be allowed only to the extent the value of their work exceeds the
total of required non-Federal contributions against which credit may
be given. (ER 1165-2-18)
a. Limits. The Section 215 authority will not be used in
connection with projects authorized under continuing authorities. Use
is limited to projects specifically authorized by Congress and cases
that meet all of the following conditions:
(1) The work, even if the Federal Government does not complete
the authorized project, will be separately useful or will be an
integral part of a larger non-Federal undertaking that is separately
useful;
(2) The work done by the non-Federal entity will not create a
potential hazard;
(3)
Approval of the proposal will be in the general public
interest;
(4) Only work commenced after project authorization and
execution of a Section 215 agreement is eligible for reimbursement or
credit;
(5) Proposed reimbursement (credit and/or repayment) will not
exceed the greater of million or 1 percent of total project costs
and is limited to the amount that the district commander considers a
reasonable estimate of the reduction in Federal project expenditures
resulting from the construction of the project component by the
non-Federal entity. (The million limitation is set by Section 224,
WRDA 1996, Public Law 104-303, and the 1-percent limitation is set by
Section 12, WRDA 1988, Public Law 100-676.)
b. Congressional Notification. Before negotiation of an
agreement under Section 215 begins, the ASA(CW) will inform the
Chairman (Senate and House), Subcommittee on Energy and Water
Development, Committee on Appropriations of the proposed arrangements.
c. Timing of Reimbursement. Any reimbursement shall depend
upon appropriation of funds applicable to the project and shall not
take precedence over other pending projects of higher priority. (ER
1165-2-18)
8-7
Previous Page
