EP 1165-2-1
30 Jul 99
Federal navigation projects. Exercise of the Section 111 authority to
provide mitigation measures with the authorized Federal cost sharing
is not mandatory. Normally, the degree of the mitigation is the
reduction of erosion or accretion to the level which would prevail
without the influence of navigation works at the time navigation works
were accepted as a Federal responsibility. It is not intended that
shorelines be restored to historic dimensions, but only to lessen the
existing shore damage or prevent subsequent damages by action based on
sound engineering and economic principles when equitable and in the
public interest. This authority is not utilized to construct,
maintain, modify or change an authorized shore protection project or
an authorized shore damage mitigation element of a navigation project,
or for river bank erosion or vessel-generated wave wash damage. (ER
1105-2-100)
12-25. Federal Project Development by Others. WRDA 1986 (Public Law
99-662) includes special provisions under which non-Federal interests
may undertake work on a navigation project, both study and
construction, for which they may obtain either credit (study),
reimbursement (construction), or Federal assumption of O&M.
a. Study. Section 203 of WRDA 1986 permits a non-Federal
interest to undertake a study of a harbor or inland harbor improvement
for the purpose of getting the work authorized by Congress. The study
is submitted to the Secretary of the Army, who transmits it to
Congress, with recommendations, within 180 days of receipt from the
non-Federal interests. If the proposed work becomes an authorized
Federal project, a portion of the non-Federal study costs (the
equivalent of the Federal share of study costs had the study been
accomplished by the Corps) will be credited against the local share of
the costs of construction, as the project is built. (ER 1165-2-122)
b. Construction. The authority for non-Federal construction
of harbor and inland harbor projects by non-Federal interests is
contained in Section 204 of WRDA 1986, as amended, in Sections 204(a)
through (g).
(1) Section 204(a). This subsection authorizes a non-Federal
interest to undertake navigational improvements in harbors or inland
harbors. Projects constructed under this subsection are not
considered to be Federal projects unless the Federal Government later
assumes responsibility for O&M after project construction is completed
pursuant to subsection 204(f) (See paragraph 1.f.). For any project
constructed in accordance with subsection 204(a), the non-Federal
interest is fully responsible for all construction costs incurred and
for obtaining all necessary permits. (ER 1165-2-124)
(2) Section 204(b). This subsection allows the non-Federal
interest to contract with the Corps of Engineers to have the Corps
undertake studies and engineering for projects which the non-Federal
interest will construct under subsection 204(a). The studies,
conducted at the expense of the non-Federal interest, can be used
(under subsection 204(d), in addressing the requirements for obtaining
the appropriate permits required under the Secretary's authority as
well as support for a request for Federal O&M under subsection 204(f).
(ER 1165-2-124)
(3) Section 204(c). This permits the Corps to turn over to
non-Federal interests Corps studies initiated before 17 November 1986
12-21
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