EP 1165-2-1
30 Jul 99
the OMRR&R of any new cost shared projects and/or modifications to
portions of existing projects accomplished under Section 103 of WRDA
1986. However, local sponsors are not responsible for OMRR&R of those
portions of existing projects that are not modified under Section 103
of WRDA 1986.
a.
Navigation.
(1) Completed Projects. Authorizations for most existing
completed navigation improvements established that operation and
maintenance (O&M) is solely a Federal responsibility to be
accomplished at Federal cost.
(2) Uncompleted Projects. It is general policy to recommend
that improvements for commercial navigation be maintained by the
Federal Government. The Federal Government is responsible for the
costs of O&M of the "general navigation features" (GNF) of commercial
navigation projects, except that in the case of a deep-draft harbor,
the local project sponsor shall be responsible for an amount equal to
50 percent of the incremental cost of O&M for depths greater than 45
feet (Section 101(b) of WRDA 1986, Public Law 99-662). The
non-Federal sponsor is responsible for the OMRR&R of all public
berthing areas; public terminals, wharves, and transfer facilities;
and dredged material dikes, bulkheads, spillways and embankments
necessary for the project, except as provided under Section 201 of
WRDA 1996 (see paragraph 11-2.a(4) below). The U.S. Coast Guard is
responsible for OMRR&R of all aids to navigation. At projects having
commercial and recreational features, the non-Federal sponsor is
responsible for 100 percent of the OMRR&R cost allocated to
recreation.
(3) Emergency Clearing and Snagging. Section 3 of the River
and Harbor Act of 1945 provided continuing authority for limited
emergency clearing and snagging of navigation channels of non-vessel
debris (amended by Section 915(g), WRDA 1986). A limit per project is
not specified; however, in any given year a maximum of
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,000,000 may
be used nationwide. Section 3 actions are approved on a case-by-case
basis by HQUSACE (CECW-O).
(4) Emergency removal of wrecks (i.e., vessels or other
similar obstructions) is authorized by Section 20 of the River and
Harbor Act of 1899, as amended, and is handled as an operational
activity subject to the October 1985 Memorandum of Agreement with the
U.S. Coast Guard (Appendix E, paragraph 6g). A limit per wreck is not
specified; however, in any given year a maximum of 0,000 may be
used nationwide. Section 20 actions are approved on a case-by-case
basis by HQUSACE (CECW-O). Paragraph 12-16, Wreck Removal, contains
further discussion of this authority. Wreck removal actions are
approved on a case-by-case basis by HQUSACE (CECW-O).
(5)
Dredged Material Disposal Facilities (DMDF).
(a) Prior to WRDA 1996 (on or before 12 October 1996),
provisions and preparation of disposal areas for initial construction
and subsequent O&M were the responsibility of non-Federal interests,
unless authorizing legislation provided otherwise. All necessary
disposal area retaining works were to be provided by local interests.
Subsequent to WRDA 1996 (after 12 October 1996), land-based and
aquatic DMDF associated with the construction and O&M of all Federal
navigation harbors and inland harbors (but not the inland navigation
system including the Atlantic Intracoastal Waterway and the Gulf
11-4
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