CONTINUING
AUTHORITIES PROGRAM
SECTION
1135
Description
The U.S. Army Corps of Engineers is authorized to study and/or implement
various projects and programs for improvements to rivers and harbors of the
United States and for other purposes. This
section provides a summary of one of the provisions for restoration of
environmental resources.
Establishment
The U.S. Army Corps of Engineers has the authority, provided by Section
1135 of the Water Resources Development Act of 1986, as amended, to make
modifications in the structures and operations of water resources projects
constructed by the Corps to improve the quality of the environment in the public
interest.
Primary Objective(s)
This is a continuing authority to modify the structures and operations of
Corps projects to improve the quality of the environment and restore ecosystem
functions impaired by projects built by the Corps or jointly by the Corps and
other Federal agencies, or at any site that has been affected by a Corps
project, if such measures do not conflict with authorized project purposes.
The primary goal of these projects is ecosystem restoration with an
emphasis on projects benefiting fish and wildlife.
Typical Projects
Typical modifications accomplished under this authority are marsh
restoration, waterfowl impoundments, fisheries enhancement structures and
reforestation.
Study Process
The Corps prepares a Preliminary Restoration Plan, which describes the
basic project modification features, justification, and cost.
This plan also includes a letter of intent from the non-Federal sponsor.
Upon approval of this plan by the Corps headquarters, a feasibility study
is initiated. This study phase
involves all of the planning and engineering activities required to reach a
conclusion on Federal participation in construction of the project modification.
The report produced is the basis for project construction approval.
Cost Sharing
Feasibility study funds are initially funded completely by the Federal
Government. However, if the
proposal is approved for implementation, the costs of the feasibility study and
plans and specifications must be included as part of the total project
modification costs. The non-Federal
sponsor is responsible for paying 25% of the total project modification costs;
and providing all lands, easements, rights-of-way and relocations and
disposal/borrow areas. (LERRD). The
value of LERRD is credited towards the sponsor's 25% share of the total first
cost and the Corps will reimburse the sponsor the amount that LERRD exceeds 25%
of first costs. The sponsor may
provide not more than 80% of the non-Federal share as work in-kind expenses,
including a facility, supply, or service that is necessary to carry out the
modification or measure. Federal
costs are limited to $5 million per project.
The non-Federal sponsor is also responsible for paying 100% of
operations, maintenance, repair, replacement and rehabilitation.
Local Responsibilities
Before a project is implemented, a Project Cooperation Agreement is
signed, which provides formal assurances of local cooperation by the non-Federal
sponsor (a State or local agency, federally recognized tribe, or private entity
empowered with sufficient legal and financial authority to comply with all
assurance items). Typically, the
non-Federal sponsor must agree to the following:
1. Provide all lands, easements, right-of-way, relocations, and
suitable borrow and dredged or excavated material disposal areas required for
the project modification.
2. Hold and save the United States free from damages due to the
construction works, not including damages during construction, operation, and
maintenance that are due to the fault or negligence of the United States or its
contractors.
3. In some cases, maintain, operate, repair, replace, and
rehabilitate the project after completion in accordance with procedures
prescribed by the U.S. Army Corps of Engineers.
4. Provide the non-Federal share of the costs equal to 25% of
the cost to conduct a study, prepare plans and specifications and construct the
modification.
How
to Request a Study
The interested non-Federal sponsor should present its ideas to the
District for consideration. If a
Preliminary Restoration Plan is prepared (this can be done at any time), the
non-Federal sponsor will be requested to provide a letter of intent indicating
that it understands the cost sharing requirements, the magnitude of the project,
and is willing and able to meet these potential commitments.
This request and any further inquiries
concerning an environmental improvement and restoration project should be made
directly to:
Chief, Planning Services Section
U.S. Army Corps of Engineers, Wilmington
69 Darlington Avenue
Wilmington, North Carolina 28403
Bus. (910)
251-4926 Fax (910) 251-4744
email: sawweb-fpm@saw02.usace.army.mil