EP 1165-2-1
30 Jul 99
major increases in project length, depth, or width.
(1) Basis for Recommendation. The test for reasonable
prospect is controlled by factors such as availability, ownership, and
suitability of adjacent waterfront land for development and location
by other industries and users; availability of land transport and
other essential services; the area's economic potential; intent of
land owner and/or the potential developer; and the determination that
no restrictive conditions exist that would prohibit the proposed
improvement from serving/benefiting two or more single-owner
properties (and property owners) in the forseeable future.
(2) Special Cost Sharing. The project will be recommended for
development with cost sharing and other local cooperation in
accordance with regular requirements (i.e., as specified in WRDA
1986). There shall be a further requirement that, when the project is
in service, local interests shall contribute annually, until such time
as multiple properties/owners are served by the general navigation
facility, 50 percent of the annual charges for interest and
amortization of the Federal first cost of the improvement, exclusive
of aids to navigation, and 50 percent of operations and maintenance
costs solely associated with the improvement. The requirement for
annual contributions may end when the Secretary of the Army determines
that the improvement is actually serving/benefiting at least two
properties that are owned by at least two different owners.
c. Progressive Development. The Federal interest is satisfied
and the regular cost sharing requirements apply where the improvement
serves/benefits two or more properties having different owners or one
publicly-owned property at the outset or if new properties/owners
would be served immediately after project completion. A principle of
progressive development also applies. Progressive development
includes nominal incremental extension "end of the line" situations
where part of the improvement is a last project increment serving the
last non-public property or property owner. The last
property/property owner served may be "at the end" in terms of length,
depth, or width, necessitating some project investment in that service
alone. This is treated as a multiple-owner situation unless
disproportionate incremental investment is required.
12-7. Transfer and Lightering Facilities, Barge Fleeting Areas. Non-
Federal interests are responsible for provision of mooring facilities
for the convenience of individual users or that are associated with
localized operations. Facilities for the purpose of transfer of cargo
between vessels and barge fleeting areas are a non-Federal
responsibility. The Coast Guard sets regulations for lightering and
designates those areas set aside for that purpose. Barge fleeting
areas are defined as mooring areas or temporary anchorages used for
assembling tows; making barge transfers between tows; transferring
supplies; awaiting arrival of additional barges; or serving as a barge
holding area. Consideration will be given to providing barge mooring
at Federal cost when it can be demonstrated that such facility is
required and necessary for safe and efficient use of a Federal
navigation project. Examples would be provision of a mooring to
permit reshaping a tow for: (a) safe and efficient passage through a
navigaton lock; (b) safe passage through congested Federal channel
areas; or (c) safer passage crossing exposed waters. The advanced
approval of HQUSACE must be obtained before such facilities are
recommended at Federal cost.
12-9