EP 1165-2-502
30 Sep 99
be accomplished during one fiscal year. Challenge partnership agreements must be negotiated and
executed with non-Federal public and private entities before partnership activities may begin.
Guidance on this program, including a sample agreement format may be found in ER 1130-2-500.
(3) Voluntary Contributions. Section 203 of WRDA 1992 authorizes acceptance of
contributions of cash, funds, materials, and services from persons, including governmental entities,
but excluding the project sponsor, in support of environmental protection and restoration projects.
Any cash or funds received per this provision are to be deposited into the account in the U.S.
Treasury entitled "Contributions and Advances, Rivers and Harbors, Corps of Engineers (8662)
and shall be available until expended to carry out the ecosystem restoration project. At Civil
Works operating projects, contributions for the operation and management of recreation facilities
and for protection and restoration of natural resources at Civil Works water resource projects may
be accepted and used, as provided in ER 1130-2-500, Chapter 11. Opportunities for which this
authority allows contributions include projects for the protection, improvement, restoration,
rehabilitation, or interpretation of natural resources, environmental features, recreation areas and
facilities, or cultural resources. All facilities and work accomplished become the property of the
Corps. Projects can involve improving accessibility for disabled persons, providing water safety
handouts, rehabilitating existing facilities, improving wildlife habitat, producing interpretive
brochures and videos, planting native plants and trees, supporting endangered species recovery
plans, and maintaining trails. Real estate cannot be accepted under this program. ER 1130-2-500,
Chapter 11, includes details on eligible contributions; specific guidance on accounting and
reporting procedures are provided in ER 37-2-10, "Accounting and Reporting." Individuals and
groups, including governmental entities but excluding the project sponsor (i.e., the party with
whom the water resource project has been jointly created), may make contributions. Contributions
received will be available for projects in addition to the allocated project funds.
b. Environmental Dredging, Section 312. Section 312 of WRDA 1990, as amended, provides
authority for the Corps to participate in the removal of contaminated sediments (a) outside of the
boundaries of and adjacent to Federal navigation projects as part of operations and maintenance,
and (b) for the purposes of ecosystem restoration, not related to operations and maintenance of
navigation channels. This authority is not to be used to remove or remediate contaminated
sediments which are classified as hazardous, toxic and radioactive wastes (HTRW), such as those
at sites designated by a state or the Environmental Protection Agency (EPA) for response action
under the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C.
9601 et seq (CERCLA), or sites which are included on the National Priority List site under
CERCLA. Direct assistance to EPA on environmental cleanup activities including cleanup
dredging and related studies may, however, continue to be provided on a reimbursable basis.
(1) Removal of Contaminated Sediments Located Outside and Adjacent to Federal Navigation
Channels. The Corps can participate in removal and remediation of these contaminated sediments
when such sediments contribute to contamination of material in the channel, and it can be
demonstrated that the costs of removal and remediation are economically justified based on savings
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