EP 1165-2-1
30 Jul 99
contribute 50 percent of the study costs.
Non-Federal Feasibility Studies. Section 203 provides that
non-Federal interests may undertake navigation studies and submit them
to the Secretary of the Army for transmittal to Congress.
Non-Federal Project Construction. Section 204 provides that
non-Federal interests may contract with the Corps for accomplishment
of navigation improvement studies and, in accordance with such
studies, may carry out the improvements. Under certain conditions,
their costs may ultimately be reimbursed by the United States.
Non-Federal Port Dues. Section 208 allows non-Federal interests to
levy tonnage duties or fees on vessels using improved harbors, to
finance the non-Federal share of project improvements.
Grants to Non-Federal Interests. Section 212 authorizes grants to a
non- Federal interest operating a harbor project, for provision of
emergency response services.
Inland Waterways. Section 302 establishes the Inland Waterways Users
Board.
Flood Plain Management. Section 402 requires, as a pre-condition for
a local protection project, that non-Federal interests must agree to
participate in and comply with applicable Federal flood plain
management and flood insurance programs. (Amended by Section 202,
Public Law 104-303)
Ground Water Damage. Section 403 includes in the definition of flood
control "improvements for protection from groundwater-induced
damages."
Technical Assistance. Section 703 authorizes technical and
engineering assistance to local public agencies in developing plans
for rehabilitating former industrial sites and facilities for use as
hydroelectric facilities. Section 942 authorizes assistance in
developing plans for snagging and clearing navigable streams and
tributaries, and for nonstructural renovation. Under both programs,
the non-Federal share of Corps costs shall be 50 percent.
Fish Habitat Modification Projects. Section 704(b) authorizes the
construction of projects for development of beneficial fish habitat
not specifically authorized by Congress. A limit was not placed on
the Federal expenditures per project; however, a million limit on
total Federal expenditures for the program was established.
Study Deauthorization. Section 710 establishes a procedure for
deauthorization of studies that have not received any Congressional
appropriations for 5 years.
Project Cost Increase Limitations. Section 902 provides that,
excluding the impacts of general price increases and any project
additions otherwise authorized, total project costs for any project
authorized in Public Law 99-662 may not exceed the authorization
estimate by more than 20 percent. (Amended by Section 3(b), Public
Law 100-676)
Uneconomic Increments of Projects. Section 903(c) indicates that
uneconomic increments may, at full non-Federal expense, be added to an
otherwise economically justified project.
Planning. Sections 904 and 905 summarize matters which should be
addressed in planning studies and contained in the resultant
feasibility report. Included is a requirement for description of a
nonstructural alternative to the to the recommended plan (if that is
not a nonstructural plan). Section 905(b) establishes that before
initiating a feasibility study a reconnaissance is first to be
performed at full Federal expense.
Fish and Wildlife Mitigation. Section 906 provides that, for new
projects, needed mitigation measures shall be undertaken before or
concurrently with project construction. It provides general authority
to undertake mitigation measures for projects, whether completed,
underway or unstarted, including acquisition of any needed related
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