EP 1165-2-1
30 Jul 99
general authority for credit or reimbursement of limited non-Federal
construction work on congressionally authorized water resources
development projects of all kinds (paragraph 8-6), have much in
common. As it is the most recent legislation, and the one that
specifically makes provision for non-Federal construction of a
complete or separable element of a Federal navigation project, the
Section 204(e) (Reimbursement) authority is considered the one
applicable to non-Federal navigation works of such scope. Hence, for
any item of proposed non-Federal construction that would constitute
complete construction of a Federal navigation project or a separable
element thereof, provision for credit or reimbursement of non-Federal
interests for the Federal share of project costs will generally be
considered only under the Section 204(e)(Reimbursement) authority.
For non-Federal navigation works of similar scope undertaken pursuant
to Section 215, agreements will ordinarily provide that only credit
against the non-Federal share of future project costs will be
afforded.
d. Federal Assumption of O&M. Section 204(e)(O&M) of WRDA
1986 gives the Secretary of the Army responsibility for O&M of any
project constructed by non-Federal interests under Section 204(a),
Section 204(d), or Section 204(e)(Reimbursement) of WRDA 86, provided
that before construction, the Secretary determines that the proposed
work is economically justified and environmentally acceptable. The
Secretary must also certify that the work has been completed in
accordance with applicable permits and acceptable design standards.
Further guidance on Section 204(e)(O&M) is provided in ER 1165-2-124.
Federal O&M responsibilities for authorized Federal projects subject
to Section 204(e)(Reimbursement) are addressed in ER 1165-2-120.
12-26. Navigation versus Hurricane and Storm Damage Reduction (HSDR).
Measures which contribute to the increase in net income of commercial
navigation activities or result in a decrease in commercial
transportation costs will be evaluated and cost shared as navigation
(harbor) measures. This includes measures to prevent wave induced
damages to commercial vessels while berthed at docks, piers, and
slips, and that incidentally prevent wave induced damages to the
commercial docks, piers, and slips. Measures to prevent wave induced
damages to non-commercial (recreational) vessels while berthed at
docks, piers, or slips and measures to prevent wave induced damages to
docks, piers, slips and other shoreline facilities, are to be
evaluated and cost shared under the HSDR provisions of Sections
103(c)(5) and 103(j) of WRDA 1986. Measures to provide for safe and
efficient movement of commercial and recreational vessels into and
within a harbor and measures to prevent loss and damage to vessels in
transit will continue to be evaluated and cost shared as navigation
(harbor) measures. This policy does not provide any Federal interest
in the construction of docks, terminal or transfer facilities, or
berthing areas.
a. Application of Policy for Harbors. The above policy
applies to existing berthed vessels and shoreline facilities and to
vessels and facilities that would exist in the future without-project
condition at the project or an alternate location. For vessels that
would not be present at any location in the without-project condition,
but would be present in the future as a result of the project,
benefits are only evaluated as commercial or recreational navigation
benefits, as appropriate.
12-23
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