EP 1165-2-1
30 Jul 99
authorized by Section 117 of the River and Harbor Act of 1968 (33
U.S.C. 562a). (ER 1130-2-520)
12-23. Lock and Dam Replacements. Section 4 of the River and Harbor
Act approved 5 July 1884 as amended by Section 6 of the River and
Harbor Act approved 3 March 1909 provides in part that whenever, in
the judgement of the Secretary of the Army, the condition of any of
the navigation works of the United States is such that its entire
reconstruction is absolutely essential to its efficient and economical
maintenance and operation, the reconstruction thereof may include such
modifications in plan and location as may be necessary to provide
adequate facilities for existing navigation: provided, that the
modifications are necessary to make the reconstructed work conform to
similar works previously authorized by Congress and forming a part of
the same improvement, and that such modifications shall be considered
and approved by the Chief of Engineers before the work of
reconstruction is commenced. Use of the 1909 authority will be for
essential repairs, rehabilitation, replacement, or reconstruction of
existing navigation structures which are required for continued use of
the project for authorized purposes and which do not change the
authorized project in scope, scale, or location. Also included under
the 1909 authority are measures to improve operational efficiency such
as modernization of operating equipment. The 1909 Act authority will
not be used where it is determined that the necessary reconstruction
work includes improvements, additions, or betterments which constitute
a change in project purpose, size, location, or increased capacity
beyond that obtainable from improved operational efficiency. In
recent years use of the 1909 Act authority has been rare. Extensive
repair work on existing projects has been accomplished as major
rehabilitation. Section 205 of WRDA 1992 (Public Law 102-580)
addresses the funding of major rehabilitation modifications to enhance
operating efficiency beyond the original project design.
12-24. Correction of Federal Navigation Project Induced Shore Damage.
Section 111 of the River and Harbor Act of 1968 (Public Law 90-483) as
amended by Section 940 of WRDA 1986 (Public Law 99-662) provides
authority to "...investigate, study, plan and implement structural and
nonstructural measures for the prevention or mitigation of shore
damages attributable to Federal navigation works." This is subject to
requirement that a non-Federal public body agree to operate and
maintain the measures and, in the case of real property acquired in
conjunction with nonstructural measures, to operate and maintain the
property for public purposes in accordance with regulations prescribed
by the Corps. The costs for implementing measures under this
authority will be shared by non-Federal interests in the same
proportion as the costs for the project causing the shore damage were
so shared. (In the case of a navigation project comprised of a number
of authorized modifications, costs for Section 111 measures will be
cost shared in accordance with the cost sharing for the specific
modification or modifications to which the cause of shore damage can
be traced.) When adopted, the plan for Section 111 measures is
considered to constitute a modification to the related navigation
project. When the Federal share of the construction costs on this
basis for suitable mitigation measures would exceed million (based
on bids, or Corps estimates prior to obtaining bids) the measures may
not be undertaken pursuant to the Section 111 authority; specific
congressional authorization is required in such circumstances. The
Section 111 authority applies to both public and privately owned
shores located along the coastal and Great Lakes shorelines damaged by
12-20
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