EP 1165-2-502
30 Sep 99
Reevaluation analyses and included as part of Post-Authorization Change Reports. See guidance
on Post-Authorization Changes in ER 1105-2-100, Chapter 2, section III.
(b) Cost Sharing. Section 210 of the WRDA 1996 establishes the cost sharing rules for
projects authorized after 12 October 1996. Accordingly, the non-Federal share will be 35 percent
of the project or separable element implementation costs (pre-construction, engineering and
design, and construction), or total implementation costs of a multiple purpose project allocated to
ecosystem restoration. Non-Federal sponsors shall provide 100 percent of lands, easements,
rights-of-way, utility or public facility relocations, and dredged or excavated material disposal
areas (LERRD), and operation, maintenance, repair, rehabilitation, and replacement (OMRR&R).
The value of LERRD shall be included in the non-Federal 35 percent share. Where the LERRD
exceeds the non-Federal sponsor's 35 percent share, the sponsor will be reimbursed for the value
of LERRD which exceeds their 35 percent share. After appropriate accounting for LERRD and
required non-Federal sponsor project coordination activities under the terms of the Design
Agreement and the Project Cooperation Agreement, any balance of the non-Federal share will be
provided in cash during construction. For restoration features located on Corps project lands,
there may be instances where it would be more efficient for the Corps to carry out the O&M
responsibilities, with sponsor reimbursement as appropriate. Consult HQUSACE (CECW-BC)
regarding higher level approval. Table 3 summarizes sponsor funding requirements and
information about other contributions for ecosystem restoration projects. Ecosystem restoration
projects authorized by WRDA 1996 and prior legislation will be cost shared in accordance with
the provisions of the authorizing legislation.
(c) Review of Completed Projects. Section 216 of the 1970 River and Harbor and Flood
Control Act authorizes investigations for modification of completed projects or their operation
when found advisable due to significantly changed physical or economic conditions and for
improving the quality of the environment in the overall public interest. Initial appraisal reports are
prepared under Section 216 using operations and maintenance (O&M) funds. The cost of
preparing the initial appraisal report is limited to ,0001. Results from this report can be used
to support initiation of a reconnaissance study through normal budgetary process. Following the
initial appraisal, the 216 study process is that of a normal General Investigations study. A
feasibility study under Section 216 authority would be appropriate for large scale ecosystem
restoration projects linked to existing Civil Works projects, but whose costs would be too large
for Section 1135, Section 206, or Section 204 authorities. Additional guidance can be found in
ER 1165-2-119.
(2) Planning Assistance to States (PAS). Section 22 of the Water Resources Development
Act of 1974, as amended, authorizes the Chief of Engineers to cooperate with states and Indian
tribes in preparing plans for the development, utilization, and conservation of water and related
land resources of drainage basins located within the boundaries of the state or Indian country.
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If more than ,000 is required, approval should be requested from HQUSACE, attention
CECW-BC, including sufficient information to justify the additional expenditure.
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