EP 1165-2-1
30 Jul 99
agreement to provide 25 percent of the cost associated with project
construction and agreeing to pay 100 percent of operation,
maintenance, repair, replacement, and rehabilitation costs.
Utilization of dredged material for other uses may also be undertaken
provided extra cost to the United States is not incurred. However,
under Section 207 of WRDA 1996, the Secretary of the Army may select
(and cost share incremental costs in accordance with Section 204(c) of
WRDA 1996), with the consent of the non-Federal interest, a disposal
method that is not the least-cost option if the Secretary determines
that the incremental costs of such disposal method are reasonable in
relation to the environmental benefits. If it is evident during the
initial planning of dredged operations that additional costs would be
incurred, non-Federal interests will be given reasonable opportunity
to finance the additional costs. Prior to enactment of WRDA 1996,
non-Federal interests normally provided without cost to the United
States all suitable areas for initial and subsequent disposal of
dredged material, including all necessary retaining dikes, bulkheads,
and embankments therefor. However, under Section 201 of WRDA 1996,
dredged material disposal areas are part of a navigation project's
GNFs and are no longer required to be provided by non-Federal
interests. Also see paragraph 12-21 discussion of land enhancement
from placement of dredged material and restriction on Ocean Dumping.
The right to remove material deposited in a disposal area was not
included in many older Corps dredged material disposal easements.
Where the Government does not own fee title to a disposal area or has
not included the right to remove in its existing easement, the removal
of previously deposited material may require the acquisition of an
additional interest, or credit for such interest in the case of a
sponsor-owned facility. (ER 1130-2-520)
10-9. Housing of Project Personnel. It is Corps policy that
government housing for permanent duty stations at Civil Works projects
not be provided. Such government housing is not constructed or
acquired unless justified and approved by HQUSACE on an exception
basis. Employees are not required to occupy government quarters as a
condition of employment unless specifically determined necessary and
approval obtained.
10-10. Special Statutory Authority for Relocations and Alterations.
Section 111 of the River and Harbor Act of 1958, as amended, provides
authority for replacing, relocating, or reconstructing any structure
or facility owned by an agency of government and utilized in the
performance of a government function when threatened or adversely
affected by construction of a project. This authority does not modify
any existing requirement of local cooperation.
10-11. Disposal of Land at non-Local Cooperation Projects Stopped
During Construction. Prior to recommending deauthorization of
projects stopped during construction it is the policy of the Corps to
conduct a study of the status of land acquisition of the project and
recommend an appropriate method of land disposal. Recommendations may
include, among other things, that: tracts be acquired because of
hardships, desires of others, or other compelling reasons; tracts
still in open condemnation be revested to former owners; authority be
obtained for revestment of tracts to former owners; relocations of
highways, railroads, and utilities be concluded; or lands be retained
in public ownership. Disposal other than in accordance with the
Federal Property and Administrative Services Act of 1949 will be
dependent on special legislation providing therefor. (See paragraph
11-10.)
10-16
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