EP 1165-2-1
30 Jul 99
(2) River and Habor Projects. Fee title for lock site and for
all other permanent structures. Permanent easements for right-of-way
for the waterway improvements. Permanent easements in lands required
for the erection and maintenance of aids to navigation. (For
improvements which are part of the Inland Waterway System, real estate
requirements are similar, but the responsibility therefore is entirely
Federal.)
(3) Separable Recreation Lands. Federal participation in
recreation facilities at non-reservoir projects and dry dams must be
within the project lands (required for purposes other than recreation)
for which fee title is available. Fee title is also required for any
separable recreation lands needed for access, parking health and
safety.
b. Relocations Assistance. The provisions of the Uniform
Relocation Assistance and Real Property Acquisitions Policies Act of
1970, as amended, described in paragraph 10-2c, are applicable to
acquisitions for all types of Federal projects. Whether acquisitions
are actually accomplished by the Corps (see below) or the project
sponsor, the provisions of the Act must be followed and the related
costs counted as part of project LERRD costs.
c. Condemnation on Behalf of Local Interests. Under the
provisions of Acts of Congress approved 29 June 1906 (33 U.S.C. 592),
8 August 1917 (33 U.S.C. 593), 18 July 1918 (33 U.S.C. 594) and 18
August 1941 (33 U.S.C. 701c-2), the Secretary of the Army may cause
proceedings to be instituted, in the name of the United States, for
acquisition by condemnation of real estate interests which non-Federal
entities undertake to furnish free of cost to the United States. The
Chief of Engineers may request such action on behalf of the non-
Federal sponsor if the non-Federal sponsor lacks condemnation
authority or cannot meet the construction schedule, or if the measure
of just compensation is different under local law and Federal law.
(Chapter 12, ER 405-1-12)
d. Special Federal Authorities and Policies Pertinent to LERRD
Responsibilities.
(1) Evacuation in Lieu of Levees. Section 3 of the 1938 Flood
Control Act, dated 28 June 1938 (Public Law 761, 75th Congress),
authorizes the Chief of Engineers to substitute evacuation in lieu of
authorized levees or floodwalls for a portion or all of the areas
proposed to be protected. A sum not exceeding the amount saved in
construction costs may be expended for evacuation of the locality
eliminated from protection, including rehabilitation of the persons
evacuated. Where this authority might be used, the evacuation effort
substituting for levee construction would be treated as a
nonstructural element of the project, and cost shared accordingly.
(See paragraph 13-10.b.)
(2) Other. The special authorities and policies cited in
paragraph 10-2.d for multiple purpose reservoirs are also applicable
to other Corps projects to such extent as there may be analogous
situations and possibilities.
10-4. Relocations. The term "relocation", with the exceptions noted
below, means providing a functionally equivalent facility to the owner
of an exisiting utility, cemetery, highway, railroad, or other public
facility when such action is authorized in accordance with applicable
legal principles of just compensation. A "relocation" is also
providing a functionally equivalent facility when such action is
10-10