EP 1165-2-1
30 Jul 99
Environmental Response, Compensation and Liability Act (CERCLA).
19-34. Cost Allocation for Section 1135 Projects. Costs for
implementation and OMRR&R of project modifications undertaken pursuant
to Section 1135 are incremental to the existing costs of the project
being modified. The ecosystem restoration and protection features are
in addition to authorized project purposes, and are not for
mitigation. Therefore, the costs of the project modifications should
not be allocated to other project purposes, but should be considered
solely as ecosystem restoration and protection costs and shared in
accordance with the provisions of Section 1135 of WRDA 1986, as
amended. (See also paragraph 19-32 above)
19-35. Monitoring of Section 1135 Projects.
Post-implementation
monitoring may be warranted for some project modifications. The
discussion of the recommended plan should include a description of and
the rationale for any proposed monitoring. Monitoring should be
limited to a 3- to 5-year period. The cost of monitoring will be
included in the total project modification cost and cost shared with
the non-Federal sponsor.
19-36. Consideration of Aquatic Ecosystem Restoration Within the Civil
Works Program. Section 206 of WRDA 1996 authorizes the Secretary to
carry out projects for aquatic ecosystem restoration and protection if
the Secretary determines that the project will improve the quality of
the environment, is in the public interest and is cost-effective.
Section 206 projects will be accomplished in a manner generally
consistent with the plan formulation and evaluation concepts outlined
in paragraphs 19-2 through 19-6, above, and ER 1105-2-100. Project
justification will require the use of cost effectiveness and
incremental cost analysis techniques. Not more than million in
Federal funds may be spent at a single locality. The program is
limited to million in appropriations in a fiscal year. A non-
Federal interest must provide 35 percent of the project cost including
all LERR as well as a 100 percent of all OMRR&R costs. Funds are
budgeted and appropriated at the program level, and managed at
Headquarters Planning Division.
19-37. Consideration of Cultural Resources Management Within the Civil
Works Program. Cultural resources management is an equal and integral
component of natural resource management at operating Civil Works
projects. Further, our traditional view of cultural resources as
representative of only the non-living and non-renewable components of
natural resources as discussed under Section 101(b) of NEPA is
changing. Today, as we gain greater insights and knowledge of other
cultures, we are realizing that landscape features can have
significant cultural significance as well as corresponding ecosystem
values. Thus, it is the policy of the Corps to identify, evaluate,
and manage cultural resources that are eligible for listing in, or
listed in, the National Register of Historic Places. Associated with
this policy is the Corps responsibility to ensure that cultural
resource management activities are consistent with Federal laws and
regulations pertaining to Native American rights, curation and
collections management, and the protection of resources from looting
and vandalism.
19-22
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