AQUATIC ECOSYSTEM RESTORATION and PROTECTION

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 Water Resources Development Act of 1996, authorizes the Corps to carry out aquatic ecosystem restoration and protection projects that will improve the quality of the environment, are in the public interest, and are cost-effective.

Program Objectives

The objective should be restoring degraded ecosystem structure, function, and dynamic processes to a less degraded, more natural condition, which will involve consideration of the ecosystem's natural integrity, productivity, stability and biological diversity. Project outputs shall be defined, including the estimated project life. In those situations where a more natural condition cannot be achieved, projects that will improve the existing condition may be considered. For example, as the result of construction and operation of a multipurpose reservoir with hydropower facilities, a warm water stream has been converted to a cold-water stream. Modifications to improve the habitat, such as increasing the dissolved oxygen levels in the stream, which would provide conditions conducive to development of a fishery, may be justified.

Typical Projects

Typical projects could include removal of low-head dams, restoration or creation of fish habitat, and wetland creation.

Study Process

The Corps prepares a preliminary assessment which describes the proposed project, the ecosystem to be restored, the elements which have been degraded, the outputs to be produced, the cost of the project, and an explicit rationale as to why the value of the outputs is judged to be at least commensurate with the cost of obtaining them, and include a map of the project location. This plan also includes a letter of intent from the non-Federal sponsor. The preliminary assessment will be forwarded to headquarters and serve as the basis for approval and allocation of funds. An approved preliminary assessment serves as the foundation of the agreement among the parties regarding the scope and nature of the proposed ecosystem restoration project.

Cost Sharing

The non-Federal share of the costs of aquatic ecosystem restoration projects shall be 35%. The non-Federal sponsor shall provide all lands, easements, rights-of-way, and necessary relocations (LERRD) required for the restoration project. If the value of required LERRD provided by the non-Federal sponsor exceeds its share of the total project costs, the Government shall reimburse the non-Federal sponsor for the excess amount. Federal costs are limited to $5 million per project. Operations, maintenance, repair, replacement and rehabilitation and lands, easements, rights-of-way and relocations and disposal/borrow areas are 100% non-Federal.

Local Responsibility

For projects pursued under the authority of Section 206 of the Water Resources Development Act of 1996, non-Federal sponsors shall be public agencies that are to enter into a cooperative agreement for a project in accordance with the requirements of Section 221 of the Flood Control Act of 1970. These requirements specify that the non-Federal sponsor be a legally constituted public body with full authority and capability to perform the terms of its agreement and to pay damages, if necessary, in the event of failure to perform."

Typically, the non-Federal sponsor must agree to the following"

1. Provide all lands, easements, rights-of-way, and necessary relocations required for the restoration project.

2. The non-Federal sponsor shall operate and maintain the restoration project in compliance with applicable Federal, State, and local laws and in a manner so that liability will not arise under the Comprehensive Environ-mental Response, Compensation, and Liability Act.

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, 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 aquatic ecosystem 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