EP 1165-2-1
30 Jul 99
LERRD costs are in excess of 25 percent (35 percent for
features/projects authorized, or reauthorized after formal
deauthorization, after 12 October 1996), the difference will be
reimbursed by the Federal Government. Non-Federal interests are
responsible for all related OMRR&R. They are also required to
participate in and comply with applicable Federal flood plain
management and flood insurance programs and prepare and implement a
flood plain management plan. (The 5 percent cash contribution
required for structural components is not required for nonstructural
components, nor are non-Federal interests required to contribute any
cash for which they may be responsible during the period of project
construction, as they might be in connection with structural
components.) Nonstructural measures adopted as part of a project,
regardless of why so included (e.g., to achieve mitigation of
secondary impacts of structural measures), shall, for cost sharing
purposes, be treated as a nonstructural components of the project.
c. Special Cases. Special local requirements, cost sharing
or otherwise, may be recommended in order to provide equitable and
practical Federal/non-Federal cooperation.
(1) Projects providing windfall-type benefits of
"unconscionable" magnitude to a few beneficiaries are considered to
warrant special and equal cost sharing, usually as a cash
contribution, from the responsible local entity, in addition to other
requirements of cooperation. Sub-allocation of this added cost is the
responsibility of the local entity.
(2) Local interests are assigned the cost of covering flood
control channels when provision of the cover is not required for
safety or when it decreases net National Economic Development (NED)
flood damage reduction benefits. (ER 1165-2-118)
(3) Special items of construction may be assigned to the
Corps or to local entities, depending on practical considerations of
construction procedures, safety, and efficiency, if provided for in
the project authorization.
d. Regulation of the Flood Plain. Responsibility for
adoption and enforcement of regulations for flood plain management is
entirely local. In the absence of a Federal project the Corps cannot
require local interests to implement flood plain regulations (for
instance, where feasibility studies result in conclusion that
regulation is the most appropriate or only feasible response to the
flood problem).
However, before construction of any Federal project
for local flood protection, or any Federal project for hurricane or
storm damage reduction, or separable element thereof, including
projects developed under Section 103, Section 205, and Section Section
208 of the Continuing Authorities Program, that involves Federal
assistance from the Secretary of the Army (and for which the Secretary
and the non-Federal interest enter into a project cooperation
agreement (PCA) after 12 October 1996), non-Federal interests are
required to agree to participate in and comply with applicable
Federal floodplain management and flood insurance programs (e.g., the
National Flood Insurance Program which requires the adoption of land
use control measures to prevent construction in the floodway or
construction of permanent structures in the balance of the flood plain
with first floors below the 100-year flood level). Within one year
after the date of signing a PCA for construction of a project to which
the aforementioned requirement applies, the non-Federal interest is
required to prepare a flood plain management plan (FPMP) designed to
reduce the impacts of future flood events in the project area, and to
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