EP 1165-2-1
30 Jul 99
participation. Recommendations for cost shared recreation development
shall not exceed the scale for which a qualified non-Federal sponsor
will furnish a written letter of intent of participation. Cost shared
recreation development is also limited to those facilities included in
the approved facilities list contained in ER 1165-2-400. Non-Federal
sponsors must furnish their share of costs during the course of
development; subsequent payment over time is not acceptable.
Recreation developments at Corps water resources projects shall be
available for the general public use on an equal basis. (ER 1105-2-
100, ER 1165-2-400)
a. Recreation Development at Non-reservoir Flood Damage
Reduction and Navigation Projects. Recreation facilities at
non-reservoir projects, including new non-reservoir (non-lake)
structural flood control projects (i.e., channel and/or levee and
floodwall projects, and dry bed reservoirs) and harbor projects, must
comply with the following policies.
(1) Recreation developments must be within the lands acquired
for the basic project, except for separable lands required for access,
parking, potable water, sanitation and related developments for
health, safety and public access. The cost of lands provided by non-
Federal interests for the basic project are not included for
recreation cost sharing purposes. Fee title to land is required for
recreation development. However, in the case where the basic non-
reservoir project and its associated lands would provide a recreation
opportunity but the approved interest in the land acquired for the
basic project is not sufficient to allow for recreation use of the
land or to allow for development of recreation facilities, increasing
the interest in real estate (e.g., from permanent easement to fee) may
be included as part of a cost shared recreation development, and
credit for recreation cost sharing for any incremental costs of
increasing the real estate interest in land within the boundary
acquired for the basic non-reservoir project is permitted. The non-
Federal sponsor for the recreation development would provide the land
in fee for the recreation development and receive appropriate credit
for the increment of value above the value of the real estate interest
approved for the basic project. This policy does not apply to the
provision of increased real estate interest for recreation development
for temporary construction easements or for permanent easements for
disposal and borrow areas and Federal participation in the recreation
development of these areas will not be recommended. Operation,
maintenance, repair, replacement, and rehabilitation (OMRR&R) costs
are the responsibility of the non-Federal sponsor.
(2) Recreation will not influence formulation of the
structural project which must attain a benefit/cost ratio greater than
unity without recreation. Non-lake structural flood control projects
are to be formulated to assure identification of the National Economic
Development (NED) flood control project. Recreation features at non-
lake structural flood control projects must be incrementally
economically justified. However, nonstructural flood reduction
projects can be justified on the basis of their combined NED effects
including recreation benefits. Section 73 of Public Law 93-251
provides that all benefits associated with new uses of flood plain
lands, including recreation, are to be fully considered when
evaluating nonstructural measures.
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