EP 1165-2-1
30 Jul 99
12-8. Ownership of Lands Created for Port Facilities. Some
navigation project proposals include the filling of adjacent lands by
placement of the dredged material to provide lands suitable for
development of port facilities. Often development of these lands for
port use would be necessary to insure that the traffic used to justify
the navigation project would occur. It is the policy of the Corps of
Engineers that reports that include a proposal to fill lands for
development of port facilities shall also incorporate a local
cooperation requirement that the local sponsoring agency will retain
fee ownership of those lands for the economic life of the project. In
addition, local interests shall be required to regulate the use,
growth and development of harbor facilities and limit occupancy of the
subject created lands area to those industries whose activities are
dependent upon water transportation.
12-9. Development of Public Port or Industrial Facilities. Section
108 of Public Law 86-645 authorizes the Secretary of the Army
(notwithstanding the provisions of the Federal Property and
Administative Services Act of 1949, as amended, with respect to
disposal of surplus property) to convey land which is a part of a
water resources development project to a state, or other public body
for the purpose of developing or encouraging the development of public
port or industrial facilities. Only lands within a navigation project
are made available for this purpose. No action is initiated to sell
lands for these purposes until interest is indicated by an eligible
agency. Lands are sold at the fair market value upon a finding that
the development: (1) is in the public interest; (2) will not interfere
with the O&M of the project; and (3) will serve the objectives of the
project. (ER 405-1-12)
12-10. Aids to Navigation. The installation and maintenance of
primary navigation aids (buoys, lights, daymarks, regulatory signs) is
the responsibility of the U. S. Coast Guard, Department of
Transportation. The Coast Guard regulates all public and private aids
to navigation for uniformity and conformity with the "lateral system"
of buoyage as described in 33 CFR 60-79 (14 U.S.C. 89).
a. Funding. All costs for aids to navigation associated with
Federal navigation projects are borne by the Coast Guard; however,
estimated costs are included in calculations to determine project
benefit-cost ratios.
b. Dredging Buoys. The Corps is responsible for temporary
navigation aids which are required for construction or maintenance
operations, such as dredging buoys and certain regulatory signs in the
vicinity of locks and dams. All Corps aids to navigation must conform
to Coast Guard standards. (ER 1130-2-520)
c. Permit Requirements. The Corps has issued a nationwide
general permit for aids to navigation installed by or approved by the
Coast Guard (33 CFR 330.5(a)(11)).
12-11.
Waterway User Charges.
a. Fuel Tax. Section 202 of the Inland Waterways Revenue Act
of 1978 (Public Law 95-502) imposes an excise tax on fuel used by
certain commercial cargo vessels using specified inland or
intracoastal waterways of the United States. This law was amended 17
November 1986, by Section 1404 of WRDA 1986 (Public Law 99-662),
12-10
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