EP 1165-2-1
30 Jul 99
credit will depend upon documentation that the expenses were incurred
during the PED period in accordance with the audit and other financial
standards established in model PCAs language.
9-3. Project Modifications. Congressional authorizations of Corps
projects normally include a provision for implementation of the
recommended plan with such modifications as the Chief of Engineers may
deem advisable, in the interest of the purposes specified. However,
for projects authorized or amended in WRDA 1986 (or in any law enacted
after WRDA 1986 or amendment thereto) the total modified project cost,
exclusive of price level changes, may not exceed 120 percent of the
cost authorized in that Act without further congressional approval.
Procedures for adoption of proposed project changes differ depending
on whether they may be approved by the Chief of Engineers using such
delegated discretionary authority or must be submitted to Congress for
consideration and legislative modification of the existing
authorization. To a limited extent, approval authority for some
changes which are within the Chief's discretion has been redelegated
to the division commanders. Where proposed changes are more
significant, they are documented in a Post Authorization Change (PAC)
Notification Report submitted to HQUSACE (unless timely coverage can
be provided in a design memorandum or other routine preconstruction
planning document submitted to HQUSACE). If it is determined, after
review, that the proposed changes are not within delegated authority
but are of sufficient importance to warrant a recommendation for
modification of the project authorization, procedures and further
reporting requirements for processing such a recommendation to the
Congress will be selected as best suits that specific case.
Occasionally, a project may warrant modification because its original
development was inherently deficient. Given certain conditions,
measures to correct such deficiencies may be undertaken (see paragraph
11-4). (ER 1165-2-119)
a. Modification Authority Delegated to the Chief of Engineers.
Modifications and changes of a project necessary for engineering or
construction reasons to produce the degree and extent of flood
protection or the extent of navigation improvement or other purpose
intended by the Congress are within the latitude delegated to the
Chief of Engineers. Examples of such changes are shift of a dam to a
nearby better foundation location; changes in channel alignment and
dimensions indicated by more detailed studies; changes from a concrete
to an earth structure because of lack of proper concrete aggregate; or
moderate extensions of project scope, such as necessary to provide
flood protection to adjacent urban areas developed since the project
was authorized. The Chief of Engineers recognizes that this latitude
for changes and modifications of authorized projects is an important
delegation of authority which must be exercised carefully. Changes
involving the addition of project purposes, significant changes in
project cost, scale, features, benefit, location, and costs allocated
to reimbursable project purposes require notification of OMB.
b. Modifications Beyond Delegated Authority. A proposed
modification of an authorized project is brought to the attention of
Congress if study after authorization shows that: the scope of
functions of the project will be changed materially; the plan of
improvement will be materially changed from that originally authorized
by Congress; special circumstances exist which were not known to the
Corps or recognized by Congress when the project was authorized; or,
for projects authorized or amended in WRDA 1986 (or in any law
enacted after WRDA 1986 or amendment thereto), the updated estimate of
total project costs exceeds the limitation on increases set in that
9-2
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