EP 1165-2-502
30 Sep 99
aquatic ecosystem structure and function. No relationship to an existing Corps project is required.
Not more than ,000,000 in Federal funds may be expended for a project undertaken pursuant to
this authority. The non-Federal share will be 35 percent of the total implementation costs,
including provision of all LERRDs, post feasibility design, plans and specifications, materials and
construction, and 100 percent of any OMRR&R costs in accordance with the decision document
and the PCA. The entire sponsor share may be work-in-kind, including plans and specifications,
materials, and project construction.
(c) Beneficial Uses of Dredged Material, Section 204 of the WRDA 1992, as amended, and
Section 207 of WRDA 1996.
- Section 204. This provision authorizes projects for the protection, restoration, and creation
of aquatic and ecologically related habitats, including wetlands, in connection with dredging in new
project construction and maintenance of existing Federal navigation projects, including harbors and
inland waterways. The Section 204 cost is the increment above the cost for the base plan for
dredged material disposal. (The base plan is the least costly plan which accomplishes the disposal
of dredged material from a navigation project, consistent with sound engineering practices and
environmental standards.) Non-Federal sponsors are responsible for 25 percent of the project cost
and 100 percent of the cost of OMRR&R. There is an annual appropriations limit of million.
- Section 207. This provision authorizes the selection of a disposal method that is not the least
cost alternative to achieve environmental benefits. Examples of the application of this authority
are benefits to the aquatic environment from creation of wetlands and control of shoreline erosion
for the purpose of protecting significant ecological resources using dredged material. Non-Federal
sponsors are responsible for 25 percent of the project cost and 100 percent of the cost of
OMRR&R associated with the project. Funding of the Federal share of the incremental costs of
environmentally beneficial disposal at existing navigation projects under Section 207 authority
would be accomplished through the new navigation project construction appropriations in the
Construction, General account. Opportunities for applying Section 207 are:
-- New Navigation Projects. Feasibility studies for new navigation projects or modifications
to existing navigation projects shall include examination of the feasibility of using dredged material
for ecosystem restoration purposes and, if feasible, such environmentally beneficial uses would be
specifically authorized as part of the project. When opportunities for environmentally beneficial
disposal methods are identified or become available after completion of the feasibility report, but
before completion of navigation project construction, the authority of Section 207 can be used
without the need to seek additional authorization based on a determination by the Secretary of the
Army that the incremental costs are reasonable in relation to the environmental benefits.
-- Maintenance Dredging. Section 207 may be used in conjunction with maintenance
dredging of an existing Federal navigation project where the environmentally beneficial disposal
method has large incremental costs of which the Federal share could not be funded within the
annual appropriation limits of the original Section 204 program. Section 207 authority potentially
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