EP 1165-2-1
30 Jul 99
implement such FPMP not later than one year after completion of
construction of the project. To promote prudent flood plain
management at the non-Federal level, it is Corps policy to encourage a
non-Federal sponsor to develop its FPMP during the preparation of the
feasibility study. A non-Federal sponsor's FPMP should implement
measures, public expenditures, and policies to reduce loss of life,
injuries, damages to to property and facilities, public expenditures,
and other adverse impacts associated with flooding, and to preserve
and enhance natural flood plain values and should address measures
which will help preserve levels of protection provided by the Corps
flood damage reduction or hurricane or storm damage reduction project.
Also, local interests may be required to adopt and enforce other,
special regulations if they are necessary to protect the Federal
investment or to achieve expected project benefits (e.g., preservation
of channel capacity by adoption of regulations controlling channel
encroachments, preservation and reservation of ponding areas, etc.).
In general, the local sponsor should adopt flood plain management
programs necessary to ensure wise use of flood plains in, as well as
adjacent to, the project area. (ER 1105-2-100).
13-11. Single Owner Properties. The Corps will not recommend
adoption of a Federal project, or include as a separable element in a
recommended structural project plan, flood control improvements which
would solely benefit the private property of a single owner. (See
Table 12-3 and paragraph 12-7.a) The Corps may recommend Federal cost
participation in the construction of a flood control project where the
project would serve/benefit property owned publicly by a single state
(including the District of Columbia and territories and possessions of
the United States), county, municipality, or other duly appointed
public entity. (ER 1165-2-123)
13-12. Credit for Compatible Non-Federal Works. The non-Federal
sponsor of a Corps flood control project may, pursuant to Section 104
of WRDA 1986 (Public Law 99-662), receive credit toward the sponsor's
costs for required local cooperation for compatible flood control
works constructed in advance by non-Federal interests. Basically this
is limited to such works undertaken by non-Federal sponsors while
Federal preauthorization studies for the Federal project are in
progress. (ER 1165-2-29)
a. Work accomplished prior to completion of the
reconnaissance phase of the preauthorization studies is not eligible.
b. Thereafter, credit may be afforded if, before the work is
undertaken, the non-Federal sponsor applies for and receives
conditional assurance from the Corps that the work can reasonably be
expected to be recommended for credit. (This procedure must be
completed prior to project authorization.)
c. The work must subsequently be completed by the non-Federal
sponsor; a Federal project must ultimately be authorized by Congress;
the completed non-Federal work must still be a relevant element of
whatever final plan for the Federal project is adopted; and the
Federal project must actually be undertaken.
d. In completion of the feasibility phase of preauthorization
studies, the non-Federal works for which credit applications have been
favorably acted upon will be included as elements of at least one of
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