EP 1165-2-1
30 Jul 99
inappropriate that projects wholly for protection of Federal lands
(for example, military installations and National Park Service lands)
compete for funding under the Corps civil works program in with
studies and projects requested by non-Federal public agencies. The
Corps should not be placed in the position of defending the programs
of another Federal agency before the Office of Management and Budget
and the Congress. Costs or work specifically to protect lands
controlled by another Federal agency will usually be borne by that
agency. The Corps will accomplish such work on a reimbursable basis
upon request (See Chapter 23). An exception would be a case wherein
the lands in question involve only a minor, but integral, part of the
overall protection frontage. In such a case, protection would be
included to assure a complete overall project, with the related costs
assigned as 100 percent Federal. If, upon request, funding could not
be obtained from the Federal agency concerned, this segment of the
project would be funded from project appropriations. Another
exception would be a case where the other Federal agency lands
comprise part of the alignment of the least cost plan for providing
protection.
(2)
Non-Federal Shores.
(a) Privately Owned and Used. Costs assigned to
privately-owned undeveloped lands and to developed lands where the use
of the shore is limited to private interests are 100 percent
non-Federal. Federal aid to private shores owned by beach clubs and
hotels is incompatible with the intent of Public Law 84-826. Actual
use of their beaches is subject to the limitation of club membership
or to being a guest at the hotels, even though the clubs or hotels may
indicate that membership or guest privileges are open to all on equal
terms. Usually, these establishments are operated for private profit
or to restrict beach use. They exclude all members of the general
public except for membership or paying guests. It is considered that
their facilities, including parking facilities therefor, are not open
to the general public. However, protection of such private shores may
sometimes be included when determined essential to a complete overall
project. The related costs would be assigned, 100 percent, to the
non-Federal project sponsor. If the upland part of a segment of beach
is privately owned and used, that segment will be assigned 100 non-
Federal responsibility for project work, both below and above the mean
high tide line.
(b) Privately Owned and Publicly Used. Costs assigned to
prevention of damage to privately-owned developed lands, where use of
the shore meets criteria for public use, are 35 percent non-Federal.
(c) Publicly Owned and Used. Costs assigned to non-Federal
public lands and shores used for parks and recreation purposes are 50
percent non-Federal. In the case of non-Federal public lands
developed for other purposes and subject to hurricane or storm
damages, the assigned costs may be 35 percent non-Federal.
(3) Shores Combining Categories. Where a shore protection
project encompasses more than one category of ownership and use, the
non-Federal share of project costs will ordinarily be expressed as a
composite percentage of total project costs derived by weighting the
appropriate cost sharing percentages for the given categories (as
above) by the linear feet of project shoreline within those
categories. This is where the initial construction costs are
reasonably uniform for the entire project; where they are not, the
project shoreline will be first subdivided into segments that are
14-4
Previous Page
