EP 1165-2-1
30 Jul 99
as provided in public laws authorizing specific projects, and as may
be supplemented by general authorities relating primarily to
beneficial uses of dredged material. Where DMMP studies disclose the
need to consider expanding or enlarging existing projects, such
studies may only be pursued under specific study authority or under
Section 216 of the Flood Control Act of 1970.
(b) Management Plans. DMMPs for existing Federal navigation
projects or groups of interrelated projects shall identify specific
measures necessary to manage the volume of material likely to be
dredged over a 20-year period. In those cases where two or more
Federal projects are physically interrelated (share a common disposal
area or a common channel) or are economically complementary, one DMMP
may encompass that group of projects. Non-Federal permitted dredging
within the related geographic area shall be considered in formulating
DMMPs to the extent that disposal of material from these sources
affects the size and capacity of disposal areas required for the
Federal project(s).
(c) DMMP Study Financing. The cost of DMMP studies for
continued maintenance of existing Federal navigation projects are O&M
costs and shall be federally funded and reimbursable from the HMTF
subject to the following:
-- Project sponsors, port authorities and other project users,
are partners in dredged material management and must pay the costs of
their participation in the DMMP studies including participation in
meetings, providing information and other coordination activities.
-- Budgeting priority for the navigation purpose is limited to
the least cost plan that is consistent with sound engineering practice
and meeting environmental standards established by Section 404 of the
CWA of 1972 or Section 103 of the MPRSA of 1972, as amended (i.e.,
the "base plan"). Therefore, the cost for any component of a DMMP
study attributable to meeting local or state environmental standards
that are not provided for by the requirements of Federal laws and
regulations, shall be a non-Federal cost, and not be recoverable from
the HMTF.
-- Study activities related to dredged material manangement
for the Federal project but not required for continued maintenance
dredging and dredged material disposal, will not be funded from the
HMTF and will not be included in DMMP studies unless funded by others.
Such activities would include contamination source identification and
studies leading to the control of non-point sources of pollution.
-- Studies of project modifications needing Congressional
authorization, including dredged material management requirements
related to the modification, will be pursued as cost shared
feasibility studies with General Investigation funding. Where the
need for such modifications are identified as part of DMMP studies,
O&M funding for the study of the modification should be terminated and
a new feasibility study start sought through the budget process under
the authority of Section 216 of WRDA 1970.
(d) Costs for beneficial uses that are consistent with and
part of the base plan are O&M costs and the cost of studies pursuant
to these beneficial uses are a Federal cost, recoverable from the
HMTF. However, study costs for beneficial uses which are not part of
the base plan, beyond those reconnaissance level studies needed to
identify these potential uses as part of DMMP studies, are either a
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