EP 1165-2-1
30 Jul 99
e. Ecosystem Restoration Projects. Section 204 of WRDA 1992
(Public Law 102-580)authorizes the Secretary of the Army to carry out
projects for the protection, restoration, and creation of aquatic and
ecologically related habitats, including wetlands in connection with
dredging for construction, operation, or maintenance of an authorized
Federal navigation project. A non-Federal sponsor must agree to
provide 25 percent of the cost associated with the construction,
including provision of all lands, easements, rights-of-way, and
necessary relocations, and 100 percent of the operation, maintenance,
replacement, and rehabilitation costs.
12-21. Placement of Dredged Materials on Beaches. Section 145 of
WRDA 1976 (Public Law 94-587) as amended by Section 933 of WRDA 1986
(Public Law 99-662) authorizes the Secretary of the Army, if requested
by a state, to "place on the beaches of such state beach-quality sand
which has been dredged in constructing or maintaining navigation
inlets and channels adjacent to such beaches if the Secretary deems
such action to be in the public interest and upon payment by such
state of 50 percent of the increased cost thereof above the cost for
alternative methods of disposing of such sand." The Corps will share
the additional costs with the state (50-50) only if the beneficial NED
outputs from placing the dredged material on a beach satisfactorily
meet economic justification and other priority criteria generally
applicable to all proposed Civil Works "new work" outlays. If those
criteria are not met and the state still desires that the material be
placed on state beaches, 100 percent of the additional costs involved
must be provided by non-Federal interests. When the initial state
request is received, a study, funded from available appropriations for
the navigation project to be dredged, must be performed to establish
the merit of so disposing of the dredged material and whether 50
percent of the additional costs should be Federally funded. If beach
disposal is ultimately agreed to, the study costs will be considered
to be part of the additional cost for such disposal. If 50 percent of
the costs are to be Federally funded, the remainder of such Federal
share will be funded from appropriations for the navigation project.
The amounts attributable to the additional costs for beach disposal
will, however, be recorded separately from the other navigation
project costs--since navigation benefits do not justify them. If the
state requests, the Corps may enter into an agreement with a political
subdivision of the state to place the sand on the beaches of the
political subdivision, with the political subdivision responsible for
the additional costs of placement. Consideration must be given to the
schedule of a state, or political subdivision of a state, for
providing its share of funds for placing sand on its beaches, and, to
the maximum extent practicable, accommodation of such schedule.
12-22. Advanced Maintenance Dredging. For the purpose of maintaining
projects, division commanders may approve advanced maintenance
dredging within authorized project limits to avoid frequent redredging
throughout the year. Such advanced maintenance (dredging to depths or
widths in excess of authorized project dimensions) can be performed in
critical, fast shoaling areas to the extent it will result in the
least overall cost. Project files must contain the written
justification and approvals for advanced maintenance. Such additional
dredging is exclusive of the allowable overdepth provided to
compensate for dredging inaccuracies. Advance maintenance dredging
shall not be used to provide channel dimensions for vessels that
exceed design limitations of the project. Overdepth dredging may also
be provided and maintained specifically for military requirements, as
12-19
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