EP 1165-2-1
30 Jul 99
CHAPTER 17
RECREATION
17-1.
Authorities.
a. Section 4 of the Flood Control Act of 1944, as amended.
This Act authorized the Chief of Engineers "...to construct, maintain,
and operate public park and recreational facilities at water resource
development projects under the control of the Secretary of the Army,
and to permit the construction, maintenance, and operation of such
facilities." It also provides that the water areas of projects shall
be open to public use generally for boating, fishing, and other
recreational purposes, and ready access to and exit from areas along
the shores of such projects shall be maintained for general public use
when in the public interest.
b. The Federal Water Project Recreation Act of 1965 (Public
Law 89-72), as amended. This act established development of the
recreational potential at Federal water resources projects as a full
project purpose.
(1) Section 2(a) specifies that benefits for recreation should
be included in the economics of a contemplated project, provided that
non-Federal public entities agree (letter of intent) to participate in
the recreation development. All purposes share in the savings from
multiple-purpose development.
(2) Section 3(b) provides for inclusion, in recommendations
for project authorization, of land acquisition to preserve the
recreation potential of the project for a 10-year period, when no
local sponsor can be found. (It is current policy, however, that
lands will not be acquired to preserve their potential for recreation
if there is not a willing local sponsor at the time of project
construction.)
(3) Section 6(e) excepts certain other sections of the Act
from applying to specified projects including local flood control,
beach erosion, small-boat harbor and hurricane protection projects.
(4) Section 9 limits the cost allocated to recreation and fish
and wildlife enhancement (excepting special types) to no more than 50
percent of the sum of the allocations to all project purposes.
(5) The Act further requires beneficiaries to bear part of the
costs of installing and all the cost for managing recreation
developments at Federal water resources projects. It also sanctions
collection of use fees for services by non-Federal agencies
administering the recreation resources of Federal projects. (ER
1130-2-400, ER 1165-2-400)
c. The Water Resources Development Act of 1986 (Public Law
99-662). This Act defines the basis for sharing the financial
responsibilities in joint Federal/non-Federal development, enhancement
and management of recreation and fish and wildlife resources at
Federal water resource development projects.
d. The Water Resources Development Act of 1990 (Public Law
101-640). Section 313 of this Act provides that any maintenance,
repair, rehabilitation, or reconstruction which results in a change in
configuration of a structure should be carried out in a manner which,
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