EP 1165-2-1
30 Jul 99
inland harbors (but not the inland navigation system including the
Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway) are
considered to be general navigation features (GNF) of a project and
subject to cost sharing (for both construction and O&M) in accordance
with procedures set forth in Section 101 of WRDA 1986.
a. Maintenance Dredging Provisions of the Clean Water Act
(CWA) of 1977. Maintenance dredging efforts of the Corps are governed
by the environmental compliance requirements and procedures set forth
in 33 CFR 335-338. Section 404(t) of the CWA authorizes any state to
regulate, in accordance with its laws, the discharge of dredged
material in any portion of the navigable waters within the
jurisdiction of the state that results from maintenance dredging
involving Corps of Engineers navigation projects. District commanders
obtain state water quality certification, and a permit for disposal of
maintenance dredged material required by Section 404(t) unless the
state elects to waive these requirements. In cases where the project
authorization requires a local sponsor to provide disposal areas and
state or Federal requirements call for upland disposal, disposal areas
must be made available by the sponsor before dredging proceeds. On
projects where there are no local sponsor requirements to provide
disposal areas, and state requirements call for upland disposal and
Federal requirements do not, local or state assistance in providing
suitable disposal areas is sought. If such assistance is not
forthcoming, the increased project cost is evaluated with other
national maintenance requirements to determine the relative priority
of continuing maintenance dredging at that project. No maintenance
dredging is performed unless disposal activities are in full
compliance with state requirements unless a waiver from those
requirements is obtained pursuant to Section 404(t) and Section
511(a). Restrictions on ocean dumping have been imposed by the Marine
Protection, Research and Sanctuaries Act (MPRSA) of 1972 (see
subparagraph c, following).
b. Land Creation or Enhancement at Inland Harbors. Federal
participation in inland waterway harbor improvements under the Civil
Works program is not warranted and shall not be recommended when (1)
resale or lease of lands used for disposal of excavated material can
recover the cost of the improvements or (2) the acquisition of land
outside the navigation servitude is necessary for construction of the
improvements and would permit local interest to control access to the
project. The latter case is assumed to exist where the proposed
improvement consists of a new channel cut into fast land.
c. Land Creation at Harbors (Other Than Inland Harbors).
Formulation and cost sharing of harbor projects that include land
creation benefits must be in accordance with the following procedures.
(1) The NED Plan will be formulated using navigation benefits
exclusively (Land creation will not be considered in the net benefit
evaluation). Special cost sharing will be required for land creation
benefits associated with this NED Plan in proportion to the magnitude
of these benefits to the total benefits. The cost sharing formula by
which this policy is to be applied is as follows:
(a)
Assign LERR to non-Federal interests.
(b)
Special non-Federal cost sharing equal to:
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