EP 1165-2-1
30 Jul 99
a. Structural Measures. For structural projects (or
structural components of a project combining both structual and
nonstructural elements) non-Federal interests must:
(1) Provide a cash contribution equal to 5 percent of total
project costs;
(2) Provide all lands, easements, rights-of-way, relocations
(except alterations to railroad bridges and approaches thereto
including constructing new railroad bridges over flood control
channels constructed in fast lands or new channel alignments which are
assigned as construction costs), and dredged material disposal areas
(referred to as LERRD);
(3) Provide an additional cash payment when the sum of items
(1) and (2) is less than 25 percent of total project costs (35 percent
for projects authorized, or reauthorized after formal deauthorization,
after 12 October 1996) (if the sum of items (1) and (2) should exceed
50 percent of total project costs, local contributions in excess of 50
percent will be reimbursed by the Federal Government);
(4) Operate, maintain, repair, replace, and rehabilitate the
project after completion (referred to as OMRR&R);
(5) Hold and save the United States free from damages due to
the construction or subsequent maintenance of the project, except any
damages due to the fault or negligence of the United States or its
contractors;
(6) Prevent future encroachments which might interfere with
proper functioning of the project;
(7) For any project for local flood protection, participate
in and comply with applicable Federal flood plain management and flood
insurance programs (i.e., the National Flood Insurance Program),
pursuant to Section 402, Public Law 99-662, as amended, (Note: Item
(7) is applicable to projects designed for the primary benefit of
specific localities; for projects such as large reservoirs designed to
provide widespread benefits of varying significance to disparate
jurisdictions thoughout an extended area or region, it may be omitted)
and, prepare a flood plain management plan designed to reduce the
impacts of future flood events in the project area within one year of
signing a project cooperation agreement (PCA), and implement such plan
not later than one year after completion of construction of the
project; and,
(8) Provide guidance and leadership to prevent unwise future
development in the flood plain.
b. Nonstructural Measures. The non-Federal costs for
nonstructural measures (as complete projects or as components of a
project combining both structural and nonstructural elements) will be
limited to 25 percent of total project costs (35 percent for
features/projects authorized, or reauthorized after formal
deauthorization, after 12 October 1996) for such measures.
Non-Federal interests are required to provide all LERRD. If the cost
of LERRD should be less than 25 percent of total costs (35 percent for
features/projects authorized, or reauthorized after formal
deauthorization, after 12 October 1996) for the nonstructural
measures, non-Federal interests shall pay the difference in cash. If
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