EP 1165-2-1
30 Jul 99
Section 2 of the River and Harbor Act of 5 June 1920 provides that the
Chief of Engineers in recommending navigation improvements shall make
a determination of the general versus the special interest in an
improvement, and recommend an appropriate sharing of costs between
Federal and non-Federal interests. The cost sharing prescribed by
WRDA 1986 will be the basis for such recommendations. The
determination of Federal interest requires consideration of the number
of properties served by a proposed project and/or project modification
and the types of ownerships of such properties.
a. Single-Owner Situations. The Corps will not recommend any
Federal cost participation in construction or expansion of a Federal
navigation project (or any other type of Federal water resources
project) where the improvement would serve (for the forseeable future)
only property owned by a single individual, commercial/business
enterprise, corporation, or club or association with restrictive
membership requirements. This situation exists when restrictive
conditions of any sort afford a single property owner the exclusive
present and future enjoyment of the project benefits. A principal
example of opportunity for such exclusive enjoyment of benefits would
be where one owner controls all the land giving access to the
improvement; single land ownership creates the possibility of the
owner so structuring and constraining uses thereof that all net
benefits of related improvements can be caused to devolve upon and be
reserved to the owner. Only economically justified improvements would
be recommended as a Federal project, and if the considered
improvements are so justified the interest which would be solely
benefited should undertake them as a business expense. The Corps may
recommend Federal cost participation in the construction and expansion
of a Federal water resource development project where the project
would serve only property owned publicly by a single state (including
the District of Columbia and territories and possessions of the United
States), county, municipality, or other duly appointed public entity.
Table 12-3 summarizes single-owner situation policy for proceeding for
a variety of Federal project purposes and types of improvements. (ER
1165-2-123)
Table 12-3, General Policy for Proceeding with Proposed Projects (1)
In Single Owner Situations (2)
Ownership of Single Property Served
Public(3)
Private
Federal Project Purpose and
Types of Improvement
Non-Federal Nonprofit For Profit
Flood Control
Structural measures(4)
Yes(5)
No
No
Nonstructural measures(6)
Yes(5)
No(7)
No(7)
Storm Damage
Yes(5)(9)
No
No
Reduction(8)
Navigation
Yes(10)
Yes(11) No
Ecosystem Restoration
Yes(12)
N/A
N/A
Emergency Streambank and Shoreline Yes
Yes(13) No
Protection (Section 14 Authority)
______________________________________________________________________
(1a)
Equally applicable to separable elements.
(1b)
This table does not list other purposes such as municipal
and industrial (M&I) or agricultural (Ag) water supply,
hydropower, recreation or environmental enhancement, for which
12-7
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