EP 1165-2-1
30 Jul 99
Land Creation Benefits for this plan
X
(GNF Costs)
Total Benefits for this Plan
(c) Remaining GNF costs shared in accordance with Section 101
of
WRDA 1996, as amended, as described in paragraph 12-6.c(1).
(d) Provide full credit for this Plan's LERR toward the 10
percent requirement of Section 101(a)(2), as described in paragraph
12-6.c(1).
(e)
This computation establishes the maximum Federal share.
(2) Non-Federal requests for modification of the NED Plan
formulated using navigation benefits may be allowed provided all
additional implementation costs are non-Federal and the incremental
navigation benefits equal or exceed the incremental O&M costs for the
GNF. No additional cost sharing will be required for the land
creation benefits associated with the project modifications beyond the
NED Plan which are requested and paid for by non-Federal interests.
The modified NED plan may be recommended for authorization,
implementation, and maintenance. However, the recommendation should
be worded so as to provide the authority to construct the project
formulated for navigation only in the event the non-Federal sponsor
later decides to forego the requested modification. The cost sharing
formula by which this policy is to be applied is as follows:
(a) The non-Federal share shall be the non-Federal costs
determined in paragraph c.(1)(a) above plus 100 percent of the
difference between the NED Plan and the cost of the requested modified
plan; or all costs not assigned to the Federal Government under
paragraph c.(2)(b) below, whichever is greater.
(b) The Federal share shall be the Federal costs determined
in paragraph c.(1)(a) above; or, when the modified NED Plan results in
a cost for GNF that is less than the cost for GNF for the NED Plan,
the Federal share of costs will be limited to the Federal percentage
of the total GNF derived in paragraph c.(1) above times the cost of
the GNF for the modified NED Plan.
(3) Reports proposing the creation of lands to be utilized
for development of port facilities required to accommodate projected
traffic shall require local interests to retain fee ownership of those
lands, and to regulate the use, growth and development on such lands
to those industries whose activities are dependent upon water
transportation.
d. Restriction on Ocean Disposal. Section 103 of the MPRSA
of 1972 (Public Law 92-532) states that, subject to certain
provisions, and after notification to the Administrator of the
Environmental Protection Agency, the Secretary of the Army "may issue
permits, after notice and opportunity for public hearings, for the
transportation of dredged material for the purpose of dumping it into
ocean waters, where the Secretary determines that the dumping will not
unreasonably degrade or endanger human health, welfare, or amenities,
or the marine environment, ecological systems, or economic
potentialities." Ocean disposal in connection with Federal dredging
projects may be authorized by the Secretary using the same procedure
required for issuance of permits (see paragraph 22-2.f).
12-18
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