EP 1165-2-1
30 Jul 99
recreational uses (however, see paragraph 14-2). The mitigation of
shore erosion caused by Federal navigation works is discussed in
paragraph 12-25.
(1) Restoration and Protection. The term "restoration" was
substituted for "improvement" in the amendment of July 28, 1956
(Public Law 826, 84th Congress, 70 Stat. 702) so that the basis for
Federal concern became "restoration and protection" as opposed to
creation of new lands (House Report No. 2544 and Senate Report No.
2691, 84th Congress). Accordingly, Federal participation in
restoration is limited to the historic shoreline. It does not provide
for Federal cost sharing in extending a beach beyond its historic
shoreline unless required for protection of upland areas.
(2) Public Use. The term "public use", particularly of
private property, means recreational use by all on equal terms and
open to all regardless of origin or home area. Prohibited is any
device for limitation of use to specific segments of population, such
as local residents, or similar restrictions on outside visitors,
directly or indirectly. This definition allows a reasonable beach
entrance fee, uniformly applied to all, for use in payment of local
project costs. Normal charges made by concessionaires and
municipalities for use of facilities such as bridges, parking areas,
bath houses and umbrellas are not construed as a charge for the use of
the Federal beach project, as long as they are commensurate with the
value of the service they provide and return only a reasonable profit.
Fees for such services must be applied uniformly to all concerned and
not as a prerequisite to beach use. Lack of sufficient parking
facilities for the general public (including non-resident users)
located reasonably near and accessible to the project beaches or lack
of public pedestrian rights-of-way to the beaches at suitable
intervals would constitute de facto restriction on public access and
use of such beaches, thereby precluding eligibility for Federal
assistance.
(3) Operation, Maintenance, Repair, Replacement, and
Rehabilitation (OMRR&R) for Beachfills. The following definitions
apply for OMRR&R for beach fills which are recommended for
authorization with continuing Federal construction participation in
periodic nourishment. It is recognized that the non-Federal
responsibilities at existing projects may vary from these definitions.
Also, these definitions do not deal with hardened structures (e.g.,
groins, bulkheads, sea walls, and revetments) which may be features of
shore protection projects. For projects constructed since enactment
of WRDA 1986, the non-Federal sponsor is responsible for all
activities related to the OMRR&R of hardened structures, including
terminal groins which may be included in beach fill projects. There
is no Federal continuing construction responsibility associated with
hardened structures.
(a) Operations. This is the non-Federal sponsor's continuing
oversight activities to assure that the beach design section provides
storm damage reduction and promotes and encourages safe and healthful
public enjoyment of the recreational opportunities provided by the
beach fill. Operation activities include protection of dunes,
prevention of encroachments, monitoring of beach design section
conditions, provision of life guards and beach patrols, and trash
collection (see ER 1110-2-2902 for more details). Operations are a
non-Federal sponsor responsibility and there is no Federal financial
participation in operations activities.
14-2
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