EP 1165-2-1
30 Jul 99
equivalent State register. The cultural resource must be open to all
on equal terms, and meet all other Section 14 eligibility criteria.
(2) Work under this authority does not encompass repair,
restoration or modification of the facility to be protected--needed
because of damages already sustained by reason of progressive erosion.
That kind of work, and the related costs therefor, remain the
responsibility of the owner of such facility. Work designed solely to
prevent land loss or the protection of non-essential, temporary or
mobile facilities is not eligible for implementation under the Section
14 authority.
c. Project Cooperation. The flood control cost sharing
established in Section 103(a) of the Water Resources Development Act
(WRDA) of 1986 (Public Law 99-662), as amended by Section 202(a) of
WRDA 1996 (Public Law 104-303), is applicable to projects under this
authority. The project sponsor/beneficiary must provide needed lands,
easements or rights-of-way for construction and subsequence
maintenance of the project works and, to the extent these are new
costs therefor (the values of lands already owned for purposes
associated with the facilities to be protected are excluded), these
are included in project costs and count toward the sponsor's minimum
25 percent cost sharing responsibility (35 percent for those Section
14 projects which are approved for construction by the division
commander after 12 October 1996 unless these projects have been
specifically authorized in or prior to WRDA 1996). The project
sponsor must agree to maintain the completed project works. In
addition to the general cost sharing requirements, the non-Federal
sponsor must agree to bear all other project costs exceeding the
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million limit on Federal expenditures.
15-4. Specific Project Authority. Other single-purpose stream bank
erosion control projects are potentially possible, if specifically
considered and authorized by the Congress. Section 14 of the 1946
Flood Control Act, as amended, provides clear indication of Federal
interest in one form of control measures--those required to prevent
damages to public works and non-profit public service facilities. The
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million limitation set by Section 14 is considered to be not so
much a limitation of that interest as it is of the extent to which
Congress is willing to have the Corps of Engineers proceed without
detailed Congressional oversight. Hence, where Federal costs in
connection with a project to address Section 14 kinds of problems
would exceed
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million (and the sponsor could not accept the excess
costs), the Corps could appropriately address a recommendation to
Congress for specific authorization. Corps studies may not proceed on
this basis, however, unless there is specific Congressional direction
for such study. There may be other kinds of problems (other than
endangered public or public-use facilities) where unchecked stream
bank erosion could be construed as having potentially serious
consequences affecting the general public welfare. Corps
consideration of these would also be dependent upon specific
Congressional authorizations.
15-5. Project Implementation. Responses to local requests for
assistance under the Section 14 program (i.e., initial site
inspection, coordination with local interests, identification of a
potential Federal interest, and decision to initiate a study) are
completed entirely at Federal expense using funds from the Section 14
Coordination Account. The study and design of Section 14 projects are
conducted in a single stage, the Planning and Design Analysis (PDA),
and are cost shared. The PDA consists of all planning and design
15-2
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