EP 1165-2-1
30 Jul 99
specifically provided for, and is identified as a relocation, in the
authorizing legislation for a navigation project or any report
referenced in the authorizing legislation. Providing a functionally
equivalent facility may take the form of alteration, lowering,
raising, or replacement and attendant removal of the affected facility
or part thereof. The non-Federal sponsor is required to perform or
assure the performance of the relocation. For a relocation other than
a utility relocation, the value of the relocation is creditable
against the non-Federal sponsor's required additional 10 percent
payment under Section 101(a)(2) of WRDA 1986, as amended. For a
utility relocation, the non-Federal sponsor's actual costs in
performing or assuring the performance of the utility relocation are
creditable against the non-Federal sponsor's required additional 10
percent repayment under Section 101(a)(2) of WRDA 1986, as amended.
In practice, under the terms of the PCA, the cost of the relocation
will be the basis for computing non-Federal sponsor credit for all
relocations.
a. Flood Control Projects. (Generally applicable also to
projects for other purposes, except navigation.)
(1) Highway Bridges. Alteration of highway bridges
necessitated by a flood control project (channel realignments,
widening, etc.) is considered part of the sponsor's LERRD
responsibility. However, alterations to provide for the continued
structural integrity of highway bridge foundations, piers, or
abutments that are to remain in place should be included as part of
basic project construction (e.g., when channel deepening would extend
below existing bridge piers and consequential reinforcement, under-
pinning or other reconstruction of the piers are the only alterations
required), and cost shared accordingly.
(2)
Railroad Bridges.
(a) Alterations/Relocations. Alterations or modifications to
existing railroad bridges necessitated by changes in the configuration
of the channel at the existing crossing will be considered part of the
project construction cost and cost shared accordingly. As needed,
this may include alteration of foundations for a bridge that will
remain in place, relocation of the existing superstructure to new
foundations, complete reconstruction of the bridge, temporary detours,
and approaches thereto, including trackage that must be
altered/modified to suit. Alterations or relocations of other
trackage or railroad facilities required for the project, but not
related to a railroad bridge change, are to be performed or arranged
for by the project sponsor as part of the sponsor's LERRD
responsibility.
(b) New Railroad Bridges. The cost of new railroad bridges
required because of project construction in fast land or new channel
alignments (i.e., where there is no counterpart existing crossing)
will be designated in the authorizing document as part of project
construction costs, and cost shared accordingly. However, if not
authorized by Congress, a new bridge and its approaches on fast land
are considered a part of the relocation of the track that crossed the
fast land, and such costs are categorized as a LERRD item.
(3) Utilities. Utility relocations required for a project are
to be performed at 100 percent non-Federal expense, as part of the
sponsor's LERRD responsibility. However, construction of the segments
of relocated utilities that pass under or through the line of
protection to be provided by the project may be incorporated in Corps
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