EP 1165-2-1
30 Jul 99
non-Federal responsibility or are a shared Federal and non-Federal
responsibility depending on the type of beneficial use (i.e.,
restoration and protection of environmental resources; placement of
material on beaches).
(e) Where there is a feasibility study for modification of an
existing Federal navigation (harbor and inland harbor) project and a
need for dredged material management planning for the maintenance of
the existing Federal navigation project being modified, the costs of
dredged material management and disposal studies will be allocated
between the existing project and the feasibility study for the project
modification. Costs will be allocated by first identifying all costs
that would be associated with planning for dredged material management
for the existing authorized Federal project at existing depths and
widths. These costs will be allocated to maintenance of the existing
project and be funded from the O&M, General, appropriation at 100
percent Federal cost. Increments of dredged material management study
costs above those required for planning for continued maintenance of
the existing project, which are associated with disposal of dredged
material from construction of the project modification or increments
of new maintenance cost attributable to the project modification, will
be shared 50-50 with the non-Federal sponsor as feasibility study
costs. The definition of the required dredged material management
studies and the allocation of costs of these studies between the
existing project and the feasibility study must be a carefully
coordinated effort involving planning and operations elements and the
non-Federal sponsor. While the costs for dredged material management
are allocated between O&M and the feasibility study, the dredged
material management studies will be conducted as a unified study
within the context of the feasibility study.
b.
Flood Control.
(1) WRDA 1986 does require that the non-Federal sponsor(s) pay
for, and be responsible for, the cost of project OMRR&R. The general
policy is that the non-Federal sponsor shall operate, maintain,
repair, replace and rehabilitate (OMRR&R) the project and that any
agreement made during PCA negotiations with more local involvement is
satisfactory and within policy guidelines. Corps reservoir projects,
both multiple-purpose and single purpose flood control (dam) projects,
undertaken prior to 1986 are operated and maintained by the Federal
Government. WRDA 1986, enacted 17 November 1986, provides that, for
new reservoir (dam) projects, non-Federal interests shall be
responsible for OMRR&R requirements related to the flood control
function. In the case of modification to an existing Corps operated
and maintained reservoir, interpretation of the Act allows for several
possibilities as to which partner (Corps or non-Federal sponsor)
actually OMRR&Rs the project for flood control. The possibilities
range from a non-Federal sponsor performing all these functions to a
request by the non-Federal interests to have the Federal Government
perform project OMRR&R. The use of an incremental approach to
determine sharing of the flood control OMRR&R costs would be
equitable. The Federal Government should pay the flood control OMRR&R
costs of the existing reservoir and the non-Federal sponsor is to pay
for the increment of costs introduced by the modification. Non-
Federal sponsors for flood control and multipurpose dams constructed
under the provisions of WRDA 1986 should be fully prepared by the
Corps to accept their responsibility for OMRR&R:
(a) During the feasibility phase, all project OMRR&R and dam
safety requirements should be identified and discussed with the non-
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