EP 1165-2-1
30 Jul 99
c. Section 1135(c) which states that if the Secretary
determines that construction of a water resources project by the
Secretary or operation of a water resources project constructed by the
Secretary has contributed to the degradation of the quality of the
environment, the Secretary may undertake measures for the restoration
of environmental quality at locations that have been affected by the
construction or operation of the project.
d. Section 1135(d) which states that the non-Federal share of
the cost shall be 25 percent and not more than 80 percent of the non-
Federal share may be in-kind. Not more than ,000,000 in Federal
funds may be expended on any single modification.
e. Section 1135(g) which authorizes maximum annual
appropriations of million for this section.
f. Section 1135(h) which defines a "water resources project
constructed by the Secretary" to include a water resources project
constructed or funded jointly by the Secretary and the head of any
other Federal agency.
19-30.
Eligibility and Objectives for Section 1135 Projects.
a. The proposed project must modify the structures or
operations of a permanent project constructed by the Secretary of the
Army in response to a Corps construction authority. The scale of the
proposed project modification should be reasonable with respect to the
project being modified. Section 1135 may not be used to modify
projects where the Corps involvement consists of works constructed
under the generic Disaster Relief Acts and Section 5 of Public Law 77-
228, as amended. Consideration should be given to using an authority
other than Section 1135, if operational only changes are proposed
which can be accomplished without additional cost.
b. The focus of the project modification should be on
measures designed to achieve ecosystem restoration and protection
objectives, as discussed in paragraphs 19-2 through 19-6 above, to a
level that could be expected to sustain the natural carrying
capacities of fish and wildlife resources. Considerations include:
(1) The emphasis of the proposed modification should be to
restore or otherwise improve degraded ecosystems to their natural
integrity, productivity, stability and/or biological diversity.
(2) The focus should be more toward multiple species that are
representative of the biological communities being examined and not
solely those of recreational and/or commercial importance.
Acknowledgment of recreation-oriented outputs of an ecosystem
restoration project is appropriate; however, these cannot be the
primary basis for justification.
19-31.
Objectives and Constraints for Section 1135 Projects.
a. The acquisition of additional lands should be kept to a
minimum. As a target, land acquisition should not exceed 25 percent
of total project modification cost.
b. Using the Corps engineering expertise to develop innovative
solutions to ecosystem problems is encouraged; however, the
accompanying design standards should reflect the legitimate risks
associated with potential failure.
19-20
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