EP 1165-2-1
30 Jul 99
determine all applicable items of local cooperation for the project.
d. Projects Under Continuing Authorities. Similar to
specifically authorized projects, the continuing authority project
decision document or report may require additional items of local
cooperation. Therefore, such legislation and document or report must
be carefully examined to determine all applicable items of local
cooperation for the continuing authority project.
e.
Other Specific Requirements.
(1) Facilities for recreation require a 50 percent non-Federal
contribution and a PCA which includes the recreation elements.
Construction of the rest of the project may commence without formal
local agreement for recreation, provided the benefit-cost ratio is
recomputed and economic justification for the balance of the project
is achieved with inclusion of minimum basic facilities provided at
Federal expense.
(2) Section 77 of the Water Resources Development Act of 1974
(Public Law 93-251) amended the requirements for local participation
in measures for the enhancement of fish and wildlife to provide for 75
percent Federal and 25 percent non-Federal sharing of separable first
costs at projects not substantially complete on the date of enactment.
However, Section 906(e)of WRDA 1986, as amended by Section 107(b) of
WRDA 1992, sets forth various conditions and associated cost sharing
when the Secretary of the Army recommends fish and wildlife
enhancement in reports to the Congress. See paragraph 6-14.a - c.
(3) Assurances required for future water supply should be
reasonable but in accordance with Section 4 of Public Law 92-222 need
not be a binding contract in strict conformance with the requirements
of Section 221 of the River and Harbor Act of 1970 (Public Law
91-611). However, see paragraph 18-2.a.
f. Use of Other Federal Funds. Project sponsors sometimes
wish to meet their cost sharing responsibilities in connection with a
Corps project not with local funds, but with funds they have received
from the Federal Government. The use of Federal funds by non-Federal
sponsors to satisfy any part of the non-Federal cost share is
prohibited, in principle, because such use of Federal funds is not
generally authorized. District commanders should carefully examine
the sources of local project funding. The Corps can accept the use of
Federal funds by the non-Federal sponsor only if the statute under
which the funds were provided to the sponsor allows the use of the
funds for cost sharing. This policy applies to any intended use of
Federal funds by the non-Federal sponsor to either acquire lands,
easements, or rights-of-way; or perform construction in advance of a
Federal project; or perform or assure performance of relocations; or
to satisfy cash contributions to construct a project. This policy
also applies to Section 215 (Public Law 90-483, as amended) projects,
and project work performed inder provisions of Section 104 and 204(e)
of Public law 99-662. The burden is on the sponsor to demonstrate
that acceptable authorization exists. The sponsor can meet this
burden by providing the Corps with a letter from the Federal agency
that administers the statute in question, approving the use of the
funds to satisfy the Corps' non-Federal cost sharing requirements.
District commanders should also investigate sources of Federal funding
that may be connected to providing a local cooperation requirement
other than a cash contribution. Sponsors may, for example, request
credit for resources (e.g., LERRD) purchased with Federal funds. The
same general cost sharing prohibition applies: a sponsor cannot
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