EP 1165-2-1
30 Jul 99
construction of any project pursuant to Section 211 of WRDA 1996, the
Secretary of the Army must notify the Committees on Appropriations of
the House and the Senate. This notification must include the total
commitment and the reimbursement requirements that the Administration
intends to support in future budget submissions. Budgetary and
programmatic priorities will be taken into account when reviewing
plans submitted by non-Federal sponsors. Only projects or separable
elements of projects which have been specifically authorized by
Congress will be considered eligible for reimbursement under this
provision. Reimbursement of non-Federal sponsor work under Section
211(e) of WRDA 1996 will not be considered for the Continuing
Authorities Program projects.
b. Non-Federal Requirements. All projects pursued under the
authority of Section 211 must be planned, designed and constructed in
accordance with appropriate Federal criteria, standards and policies,
including the appropriate National Environmental Policy Act (NEPA)
documentation, and construction must comply with all applicable
Federal and state laws and regulations. The non-Federal sponsor will
normally be required to develop the design, engineering plans and
specifications for the construction it proposes to undertake. In
addition, the non-Federal sponsor must conduct NEPA investigations,
prepare appropriate NEPA documents, conduct all public and agency
coordination, and obtain all necessary Federal and state permits. The
Corps may undertake these efforts if funds are provided by the non-
Federal sponsor and if such work does not delay the completion of
other Corps assignments. Further, funds for activities undertaken by
the Corps district offices which are necessary for the successful
completion of a Section 211 project or separable element thereof, and
construction of the sponsor proposed work including, but not limited
to, design, review of project economics, environmental assessments,
determination of LERRDs requirements, auditing, permit evaluations,
and inspections, must also be provided by the non-Federal sponsor.
The non-Federal sponsor must provide all LERRDs and shall perform or
ensure performance of all relocations that the Corps determines are
required for the construction, operation and maintenance of the
project. The value of LERRDs provided by the non-Federal sponsor that
are required for the project will be determined in accordance with
standard valuation procedures as contained in the model PCA for
structural flood control projects. In addition, the non-Federal
sponsor will be responsible for the operation, maintenance, repair,
replacement and rehabilitation of the project in accordance with
regulations or directions prescribed by the Corps and shall perform
all other items of sponsor cooperation required by the project
authorization.
In the development of a Section
c.
Section 211 Agreement.
211 agreement, the normal procedures for processing and reviewing
a PCA will be used. The decision document approved by the
Secretary must be included as support for the Section 211
agreement. Negotiations for proceeding with a project under
Section 211 are to be accomplished at the district level once
approval to initiate the negotiations has been received.
d. Reimbursement. Reimbursements pursuant to Section
211(e)(1) of WRDA 1996 cannot occur until the flood control project,
or separable element thereof, has been constructed. Reimbursements
are subject to appropriations Acts. Any eligible reimbursable Federal
share of costs associated with studies or design efforts conducted by
non-Federal sponsors after authorization and prior to construction
will be included in the final auditing of the total project costs upon
completion of the construction of a project or separable element
13-16
Previous Page
