EP 1165-2-502
30 Sep 99
- Modification of existing Corps projects. Projects can entail operational or structural
modifications, which may include, but are not limited to, existing features such as levees, dams,
channels or control structures, on project fee or easement lands; or operations of a permanent Civil
Works water resources project. For projects involving direct modification of an existing project,
there is no requirement to demonstrate that the Corps project contributed to the degradation.
- Modifications that do not alter an existing Corps project. Projects may be undertaken where
it is demonstrated that the construction or operation of an existing Corps project has contributed
to the degradation of the quality of the environment. These projects do not need to incorporate
features directly modifying the structures or operations of the existing Corps project. The
restoration must be in the area where the degradation occurred.
- Joint projects. Where a project was constructed or funded jointly by the Corps and another
Federal agency, those elements constructed or funded by the other Federal agency may be
modified using the Section 1135 authority. Where it is demonstrated that the construction or
operation of the joint project has contributed to the degradation of the quality of the environment,
projects may be undertaken which contribute to the restoration of the degraded ecosystem.
- The non-Federal sponsors are responsible for 25 percent of the total project costs of any
modifications or measures implemented pursuant to this authority. Cost sharing is applicable to
total project costs which include the LERRD areas LERRD, post-feasibility phase design,
including plans and specifications, materials, and project construction. Sponsors are responsible
for 100 percent of the LERRDs. If LERRDs are greater than the required non-Federal share, the
sponsor can be reimbursed for the increment over their required share. Not more than 80 percent
of the non-Federal share may be in kind, including a facility, supply, or service that is necessary to
carry out the modification or measure. Not more than ,000,000 in Federal funds may be
expended on any single modification or measure undertaken pursuant to this authority. Normally
sponsors are responsible for OMRR&R of the restoration project. For those Section 1135 projects
implemented entirely on lands for which the Corps has the necessary real estate interest and also is
responsible for operation and maintenance (i.e., the land has not been outgranted to another
agency for fish and wildlife purposes), the Corps may assume responsibility for the OMRR&R of
the Section 1135 project modification. Coordination with the Operations and Natural Resources
Management elements in the district is important to assure that any O&M commitments, whether
carried out by the Corps or a local sponsor, are reasonable, attainable, and will serve the intended
purpose. When annual OMRR&R costs for the proposed project modification exceed ,000, the
MSC commander's approval will be required prior to Corps assumption of this responsibility.
Specific requirements will be included in the project cooperation agreement (PCA) based on
requirements documented in the decision document.
(b) Aquatic Ecosystem Restoration, Section 206 of the WRDA 1996. This provision
authorizes the Secretary to carry out an aquatic ecosystem restoration and protection project if it is
determined that the project 1) will improve the quality of the environment and is in the public
interest; and 2) is cost-effective. Projects funded using this authority must be for restoration of
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