EP 1165-2-1
30 Jul 99
f. Section 204(f) establishes an annual appropriations limit
of ,000,000 for the Section 204 program.
19-23. Justification of Ecosystem Restoration Using Dredged Material.
Justification is established by demonstrating that the monetary and
nonmonetary benefits (outputs) of the ecosystem restoration project
are greater than the incremental costs above the base plan, in a
manner consistent with the justification process described for
mitigation in paragraph 19-21.a above. The base plan for navigation
purposes is defined as the plan that accomplishes the disposal of
dredged material associated with the construction or maintenance
dredging of navigation projects in the least costly manner, consistent
with sound engineering practices and in compliance with all applicable
Federal and state environmental standards, including those established
by Section 404 of the CWA of 1972, as amended, and Section 103 of the
Marine Protection, Research, and Sanctuaries Act (MPRSA) of 1972, as
amended. If the ecosystem restoration project is part of the base
plan, it is a navigation (harbor or inland system) construction or
maintenance cost and funded accordingly. Where the ecosystem
restoration project is not part of the base plan for the navigation
purpose, the base plan serves as a reference point for measuring the
incremental costs of the ecosystem restoration project that are
attributable to the environmental purpose. Where the ecosystem
restoration project involves separable increments, each increment must
be justified. In the case of recommendations for new navigation
improvements, where justification of the ecosystem restoration
measures have been demonstrated, the incremental costs of such
measures shall not be included in the overall navigation project
benefit-cost ratio and navigation net benefits in accordance with
Section 907 of WRDA 1986. (See also paragraph 19-8.b)
19-24. Cost Sharing of Ecosystem Restoration Using Dredged Material.
Ecosystem restoration projects are funded as navigation construction
or O&M costs up to the level of the base plan.
a. Non-Federal interests must agree to provide 25 percent of
the incremental costs above the base plan associated with construction
of the ecosystem restoration project, including provision of all LERR.
No credit will be allowed for work-in-kind. Where the value of LERR
exceeds the non-Federal sponsors 25 percent share, the sponsor will be
reimbursed for the value of LERR exceeding the 25 percent non-Federal
share. The non-Federal sponsor is responsible for the entire cost of
OMRR&R associated with the project.
b. While the cost sharing policy for ecosystem restoration
projects allows for reimbursement in cases where the value of lands,
easements and rights-of-way exceed the 25 percent non-Federal share,
the land values for most ecosystem restoration projects should be less
than 25 percent of total project costs.
19-25. Environmental Monitoring of Ecosystem Restoration Using
Dredged Material Projects. Allowance in project costs can be made for
reasonable follow-up and monitoring studies to assure performance
criteria or environmental compliance commitments are met. Monitoring
costs will be considered part of construction costs and cost shared
accordingly.
19-18
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