EP 1165-2-502
30 Sep 99
Section 221 of the Water Resources Development Act of 1996 added "watersheds, and
ecosystems" providing the opportunity for this authority to be used for watershed studies and
ecosystem studies. Districts are encouraged to continue to look for opportunities to assist in
these types of studies where appropriate and when identified as a state or tribal priority. The non-
Federal cost sharing is 50 percent. Fiscal year appropriations for the program are limited to no
more than million, and expenditures are limited to 0,000 per year, per state or Indian
tribe.
(2) Programmatic Authorities. There are several authorities similar to the Continuing
Authorities Program which authorize the Secretary of the Army, acting through the Chief of
Engineers, to plan, design, and construct projects for the purposes of restoring and protecting
ecological resources. These projects do not require individual Congressional authorization. The
legislative authorities for each of these programs specify annual appropriations limits, non-Federal
cost-sharing requirements, and for most, a Federal per project funding limit2. A summary of the
sponsor funding requirements, and information about other contributions for ecosystem
restoration projects can be found in Table 3.
(a) Project Modifications for Improvement of Environment, Section 1135 of WRDA 1986, as
amended. This provision authorizes review of water resources projects constructed by the
Secretary3 to determine the need for modifications in the structures or operations of such projects
for the purpose of improving the quality of the environment in the public interest. Under this
authority, the term "water resources project constructed by the Secretary" includes "a water
resources project constructed or funded jointly by the Secretary and the head of any other Federal
agency (including the Natural Resources Conservation Service)". This provision also authorizes
review to determine if the operation of such projects has contributed to the degradation of the
quality of the environment. Recommended structural and operational changes must (1) be feasible
and consistent with the authorized project purposes, and (2) improve the quality of the
environment in the public interest. In order to be considered for funding under the Section 1135
authority, a proposed project must fit one or more of the following categories.
2
Detailed implementation and program management guidance for Section 1135, Section 206 and
Section 204 is provided in documentation developed separately from this pamphlet by HQUSACE, CECW-
PM.
3
The WRDA noted that "Secretary" meant Secretary of the Army; the authorities of the Secretary
of the Army are typically delegated to the Assistant Secretary of the Army (Civil Works) for the Civil
Works program.
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