EP 1165-2-1
30 Jul 99
for their accomplishment will count toward the value of project LERRD.
At request of the state or political subdivision, a substitute road
may also be constructed to even higher standards than as provided
above if the state or political subdivision pays the added cost prior
to initiation of construction. (ER 1165-2-117; Appendix Q, EFARS)
(2) Relocation of Cemeteries. The relocation and/or
protection of cemeteries is premised on acquisition of a real estate
interest and extinguishment of the legal right of the next-of-kin to
visit and preserve the burial grounds of their ancestors and
relatives. It is the policy of the Corps of Engineers to respect the
wishes of the next-of-kin as to the removal and reinterment of bodies.
Ordinarily, just compensation for the acquisition of an existing
cemetery site will consist of furnishing a new site comparable to the
old site, plus disinterment and reinterment of the bodies, and
transferring monuments and other facilities from the old to the new
site. All costs would be considered part of the LERRD responsibility.
Should the cemetery be protected in place, by construction of a levee
or similar structure, and access preserved, costs would be considered
part of project construction, and cost shared accordingly. (Appendix
Q, EFARS)
(3) Reestablishment of Towns. In certain cases, Congress has
authorized relocation of specific communities. However, there is no
general authority vested in the Secretary of the Army (by way of
Federal legislation or Federal court decisions) to pay the cost of
physically relocating a town. Recognizing that project requirements
dictate the acquisition of private property within the project, the
Federal Government can participate in financing the cost of comparable
streets and utilities in a new town in the event the governing body of
the town and its citizens decide that a new town will, in fact, be
established. If no new town is to be established, the Federal
Government has no legal authority to pay other than a nominal
consideration for the streets and utility systems in the old town
since no substitute facilities would be necessary. Traditionally,
community relocation issues were treated following project authori-
zation. However, the new policy is to address these issues during
preauthorization planning. This will assure the community that the
Corps is aware of their concerns and will outline the respective roles
of the Corps, the project sponsor, and community in the authorizing
documents. (Appendix Q, EFARS)
10-3. Real Estate Requirements for Single-Purpose Flood Control
Reservoir and Non-Reservoir Projects.
a. Requirements. No construction contract is awarded until a
valid right of possession has been obtained to the entire project
area, or for a usable segment thereof. The minimum interests in real
estate which the non-Federal sponsor must obtain are given below. In
addition to these estates in lands, appropriate real estate interest
must be acquired by the sponsor in any area where project operations
will effect a taking within the meaning of the Fifth Amendment of the
U.S. Constitution. (Chapters 2 & 12, ER 405-1-12)
(1) Flood Control and Shore Protection Projects. Fee title,
or permanent easements, for levees, walls, other permanent structures,
channel rectification works, and adequate access thereto. Permanent
easements for lands in reservoir areas of flood control only projects
which do not provide conservation pools, spoil disposal and borrow
areas required for future maintenance work, and adequate access
thereto. Permit, or temporary easements, for spoil, work and borrow
areas required during construction, and adequate access thereto.
10-9