EP 1165-2-1
30 Jul 99
lands (excluding condemnation in connection with projects already
completed or well underway). It provides that mitigation costs shall
be allocated to the project purposes and cost shared accordingly. It
requires that feasibility reports contain a specific plan to mitigate
fish and wildlife losses, unless a determination is made that there
would be negligible adverse impact. Such plans shall provide that
impacts on bottomland hardwood forests are mitigated in-kind to the
extent possible.
Fish and Wildlife Enhancement. Section 906 also provides that for any
project measures recommended to enhance fish and wildlife, costs will
be entirely Federal when the benefits have a national character and,
where they do not, non-Federal interests shall reimburse 25 percent of
the costs. The non-Federal share of operations, maintenance and
rehabilitation costs will, in all cases, be 25 percent.
Environmental Measures Justification. Section 907 provides that the
benefits from environmental measures included in a project (including
measures for fish and wildlife enhancement) shall be deemed to be at
least equal to the related project costs.
Mitigation Fund. Section 908 establishes an Environmental Protection
and Mitigation Fund from which the undertaking of authorized fish and
wildlife mitigation measures may be funded in advance of project
appropriations.
Continued Planning and Engineering (CP&E). Authorizes the Corps to
proceed with CP&E after the Chief transmits his feasibility study
recommendations to the Secretary favoring Congressional authorization
of a project.
Section 221 Agreements. Section 912 amends Section 221 of the Flood
Control Act of 1970 with respect to written agreements for local
cooperation and has added provisions designed to enforce local
fulfillment of the agreements.
Reimbursement for Non-Federal Expenditures. Section 913 modifies
Section 215 of the Flood Control Act of 1968 to increase the limit of
Federal reimbursement costs per project--for non-Federal construction
work on an authorized project--to million.
Urban Flood Control. Section 914 provides that, where the Federal
costs for improvement measures would be less than million, Corps
feasibility reports may consider such measures regardless of drainage
area and frequency of flooding.
Continuing Authorities. Section 915 raises the Federal monetary limit
for construction of an individual flood control project authorized
under Section 205 of the 1968 FCA, as amended, from to million;
for a flood control clearing and snagging project under Section 2 of
the 1937 FCA, as amended, ("Section 208 project"), from 0,000 to
0,000; for emergency bank protection authorized under Section 14 of
the 1946 FCA, as amended, from 0,000 to 0,000; for a navigation
project authorized under Section 107 of the 1960 R&H Act, as amended,
from to million; for a beach erosion control project authorized
under Section 103 of the 1962 R&H Act, as amended, from
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to
million; and for mitigation of shore damages due to a navigation
project, pursuant to Section 111 of the 1968 R&H Act, from
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to
million. Section 915 also authorizes use of all of the foregoing
authorities in the Trust Territory of the Pacific Islands. For
navigation clearing and snagging projects authorized under Section 3
of the 1945 R&H Act, the annual program limitation was raised from
0,000 to
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million.
Emergency and Disaster Authority. Emergency Water Supplies. Section
917 amends Section 5 of the 1941 FCA, as amended, by deleting the
term "drinking" in the provision of emergency supplies of clean water
to meet critical needs in contaminated source situations.
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