EP 1165-2-1
30 Jul 99
Federal. The non-Federal must be made aware of the project design,
the expected function of each project element, the requirements of
operation, and all state and other Federal requirements. A turnover
plan that establishes responsibilities and a definite point for the
turnover of the project to the non-Federal should be documented in the
Management Plan and in the feasibility report.
(b) In the PED phase, the responsible Corps commands should
hold necessary meetings between the non-Federal, the state, and other
Federal agencies to refine all criteria and requirements of project
design, construction and OMRR&R. The non-Federal must be made aware
that after transfer of the project, the Corps is in a supporting role
with respect to dam safety and will only participate in inspections
and review performance data.
(c) In the construction phase, the responsible Corps commands
should schedule and coordinate visits to the site for the non-Federal
and state representatives to observe construction of significant and
critical features of the project. During these visits, the non-
(d) The turnover of the project to the non-Federal will occur
after the first periodic inspection which will be conducted and
documented by the Corps with participation by the non-Federal. Future
periodic inspections will be conducted by the non-Federal with a
representative of the Corps. The following items will be included in
the turnover plan and be completed prior to project turnover: OMRR&R
Manual; initial dam safety training for the non-Federal; the emergency
identification, emergency operations and repair, inundation maps and
the Federal portion of the notification subplans of the Emergency
periodic inspection schedule; and, appropriate review and
certification by the State. Responsible Corps commands should monitor
records and by the observations of the Corps representative
participating in the scheduled inspections.
(2) Flood control works such as levees, channel improvements,
and emergency repair work under Section 5 of the 1941 FCA (often
referred to as Public Law 84-99) authority are OMRR&R'd by non-Federal
interests. There is one exception: channel improvements specifically
authorized under the Flood Control Act of 1938 are a Federal O&M
responsibility.
(3) Projects for snagging and clearing for flood control under
Section 208 of the Flood Contol Act of 1954 and emergency bank
protection under Section 14 of the Flood Control Act of 1946, as
amended, require O&M by non-Federal interests.
c. O&M Controls, Flood Control Projects. Section 208.10,
Title 33, CFR contains regulations for the O&M of local flood
protection works approved by the Secretary of the Army in accordance
with authorities contained in Section 3 of the Flood Control Act of 22
June 1936 (49 Stat. 1571), as amended and supplemented. District
commanders are to keep informed as to the extent of compliance with
the local O&M requirements through the Inspection of Completed Works
Program, and analysis of semi-annual reports required to be submitted
by the operating and maintaining agency. (ER 1130-2-530)
d. Flood Control (Mississippi River and Tributaries). Local
responsibility is limited to regular levee maintenance, but this is
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