Lake Topanemus Trip Report FEB 2010 Final

8/9/2019 Lake Topanemus Trip Report FEB 2010 Final

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LAKE TOPANEMUS

FREEHOLD, NEW JERSEY

TRIP REPORT (MEMORANDUM FOR RECORD)02 February 2010

US A RMY CORPS

OF ENGINEERS

NEW YORK DISTRICT


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MEMORANDUM FOR: Record 24 February 2010

SUBJECT: Trip Report Lake TopanemusFreehold, NJ02 February 2010

1. Background: Congressman Holt requested assistance from the US Army Corps ofEngineers (USACE), New York District in restoring the ecosystem of Lake Topanemus,located in Freehold Township, New Jersey. Lake Topanemus is located in the southernheadwaters of the Raritan River Basin. It drains into McGellairds Brook, which flowsinto Matchaponix Brook, continuing into South River, Raritan River and untimely intothe Raritan Bay (see Attachment A Maps). Lake Topanemus Park is a 71-acre site,surrounding the 22-acre lake. The park has a variety or recreation activities includingfishing, jogging, biking, boating, and bird watching. The maintenance of the park isoverseen by the Lake Topanemus Park Commission. Since the Commission's inception,

it has worked to maintain and improve the park for the benefit of the public.

1

2. Site Visit: Jason Shea (USACE) and representatives from Congressman Holts Office,and several state and local agencies and NGOs (see Attachment B - Attendance) touredthe lake to view the water resources problems. Although the lake was frozen over, theparticipants described the problems and shared photos (see Attachment C Photos). Thewater resources problem identified is described as an overall deterioration of the lakeecosystem, including increased nutrient levels, nuisance aquatic plant growth, excessivesilt accumulation and plant biomass. Prior reports indicate that the lake is in the earlystages of eutrophication, which is the process of increased nutrient input into the lake thatnegatively impacts the natural ecosystem. Without a significant effort to solve theproblem, the eutrophication process will continue and the lake will eventually fill incompletely and become a marsh, During the tour, Jason Shea briefed the group on theAquatic Plant Control Program, the Corps watershed planning program and variousother Corps authorities.

3. Summary & Recommendation: Lake Topanemus environmental problems could beaddressed utilizing three Corps programs, Aquatic Plant Control, Continuing AuthoritiesProgram, and a watershed study (General Investigations). Planning Assistance to States(PAS) Program could also be pursued to achieve some low level planning to answerquestions, helping guide the decision making process (see Attachment D PAS and CAP

Brochures).

a. Planning Assistance to States Authorized by Section 22 of the WaterResources Development Act of 1974 (PL 102-580) as amended; the PASProgram allows the Corps to assist local governments with their water

1Lake Topanemus Park Commission - http://www.twp.freehold.nj.us/townhall/boards_commissions/lake_topanemus.asp


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resources planning efforts. Types of studies include, but are not limited to,water quality, environmental conservation/restoration, wetlands evaluation,flood damage reduction and watershed studies. Typical studies are planninglevel only and do not include detailed design for project construction. Studylength is generally 6-12 months and cost shared 50% Federal/50% non-

Federal.

b. Continuing Authorities Program (CAP), Section 206 Authorized by Section206 of the Water Resources Development Act of 1996 (PL 104-303) asamended; Section 206 of the CAP Program allows the Corps to participatein aquatic ecosystem restoration, if the project will improve environmentalquality and is cost effective. There is a $5 million per project and a $50million nationwide funding limit. Study length is generally 2-3 years and costshared 65% Federal/35% non-Federal. Construction is also cost shared 65/35.

c. Watershed Study There are several authorities for watershed studies. Thework required for a watershed study varies, depending on the specificproblems, needs, size and available data in a watershed. If authorized under"General Investigations", extensive technical work would be performed,including data collection, analysis, screening, prioritization, conceptual designand cost estimates of potential restoration sites within the watershed and thelake. New authorization would be required for construction, following thefeasibility study. Study length is generally 2-4 years and cost shared 50%Federal/50% non-Federal.

d. Aquatic Plant Control Authorized by Section 104, 1958 Rivers and HarborsAct (PL 85-500), as amended; allows The Corps may cooperate with non-Federal agencies for control of noxious aquatic plant growth from navigablewater areas not under the jurisdiction of the Corps of Engineers or otherfederal agencies. The nationwide program is limited to $15 million per fiscalyear. Initiation of aquatic plant control reconnaissance and feasibility studiesmust be approved by the Assistant Secretary of the Army (Civil Works) and iscost shared 50% Federal/50% non-Federal (see Attachment E - Aquatic PlantControl Authorities and Provisions).

It is recommended that a CAP 206 Project be pursued. However, USACE Headquartersguidance for Fiscal Years 2009 and 2010 prohibits new start projects under certainCAP authorities including Section 206. Excerpted from the Energy & Water CommitteeConference Report,

Continuing Authorities Program. The Corps shall give first priority to theprojects listed in the tables in this report. The management of the program shouldcontinue consistent with the guidelines outlined in the Omnibus AppropriationsAct of 2009.

The 2009 guidelines referenced include,


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The Corps is directed not to initiate any new continuing authorities projects insections 205, 206, 208 or 1135 without explicit congressional direction. Newprojects may be initiated in the remaining sections after an assessment is madethat such projects can be funded over time based on historical averages of the

appropriation for that section and after prior approval by the Committees onAppropriations.

If it is not possible to start a new CAP Project at this time, it is recommended that a PASStudy be pursued in short-term, to gather important information, while also pursing oneof the other options as a long term solution. If a potential local partner would like topursue one or more of the options outlined above, a letter of request should be written tothe US Army Corps of Engineers, New York District. For additional information, pleasecontact Jason Shea, Chief, Watershed & Navigation Section at 917-790-8727.

Jason SheaChief, Watershed & Navigation SectionUS Army Corps of Engineers

Attachment A Maps

Attachment B Attendance

Attachment C Photos

Attachment D PAS and CAP Brochures

Attachment E Aquatic Plant Control Authorities and Provisions

SHEA.JASON.A.12

28886340

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DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,

ou=USA, cn=SHEA.JASON.A.1228886340

Date: 2010.03.23 10:11:32 -04'00'


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Attachment A Maps


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LAKE TOPANEMUS


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Lake Topanemus


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Attachment B - Attendance


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LAKE TOPANEMUS

FREEHOLD, NEW JERSEY

02 FEB 2010

ATTENDANCE

Anthony Ammiano Freehold Township Committee

Dr. Gene Golub Freehold Township Committee

Tom Antus Freehold Township Administrator

Pete Valesi Assistant, Freehold Township Administrator

Neal Herstik Lake Topanemus Commission

Ann Marie Howley Representing NJ 12th District Legislators

Joe Bellina Freehold Boro Administrator

Jay Sims Freehold Boro Council

Kevin Kane Freehold Boro Council

Leslie Potter Congressman Holts Office

Jason Shea US Army Corps of Engineers


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Attachment C Photos


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Attachment D PAS and CAP Brochures


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US Army Corpsof Engineers New York District - FY 2009


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2

Table of ContentsIntroduction ...............................................................................3

Corps of Engineers Overview ....................................................3

Division/District Boundaries (map) ......................................4

Flood Plain Management Services ..........................................5

Planning Assistance to States ................................................. 9


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Almost everyone knows that the US Army Corps of Engineers builds water

resource projects.

Not so well known, however, is that the Corps also provides assistance to help

states, eligible Native American Indian tribes, and local governments

prepare their own plans and initiate their own actions to manage their water and

related land resources.

This booklet describes two of the Corps' most effective and efficient assis-

tance programs:

Flood Plain Management Services&

Planning Assistance to StatesThe details contained here explain what these programs can do and the types of

information, technical services, and planning guidance they can provide to help others

help themselves.

Also included are instructions on how to request assistance and a listing of

the addresses and telephone numbers of Corps offices where assistance and

additional information may be obtained.

The US Army Corps of Engineers is the nation's oldest and largest water

resources development agency. Congress assigned the Corps this civil

works responsibility in an effort to conserve the nation's most vital natural

resources. The variety and challenge of water projects demonstrate the

Corps' range of engineering skills, which are critical during national

emergencies.

The Corps began its water resources program in 1824 when Congress for thefirst time appropriated money for improving river navigation. Since then, the

Corps has been involved in improving recreation and commercial navigation,

reducing flood damage, and controlling beach erosion. Along with these

missions, the Corps generates hydropower, supplies water to cities and industry,

regulates development in navigable waters, and manages a recreation program.

Today the Corps manages nearly 2,000 water resources projects including:

Navigation Flood Damage Reduction Hydroelectric Power

Fish and Wildlife Conservation Environmental Quality Recreation Water Supply

Introduction

Corps of Engineers

Overview


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These activities call for careful coordination of many interests, including

consideration of environmental impacts.

The Corps is organized geographically into 8 divisions in the United States

and 41 subordinate districts throughout the United States, Asia, and Europe. The

districts oversee project offices throughout the world. Divisions and

districts are defined by watershed boundaries, not by states. District and

division boundaries are shown on the map below. Each of these district and

division offices has designated a Flood Plain Management Services (FPMS)Program and Planning Assistance to States (PAS) Program coordinator. These

coordinators are responsible for drawing on the planning and technical

resources of the Corps to provide a full range of technical services and

planning guidance on water resources related matters to states, local

governments, other non-federal entities, and eligible Native American Indian

tribes. Details of the FPMS Program and the PAS Program are described in

this booklet.

Civil Works Division and District Boundaries


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5

The Flood Plain Management Services Program

People who live and work in the flood plain need to know about the flood

hazard and the actions that they can take to reduce property damage and to

prevent the loss of life caused by flooding. The FPMS Program was developed by

the Corps of Engineers specifically to address this need.

Authority, Objective, and Scope

The program's authority stems from Section 206 of the 1960 Flood Control Act

(PL 86-645), as amended. Its objective is to foster public understanding of

the options for dealing w ith flood hazards and to promote prudent us e and

management of the Nation's flood plains.

Land use adjustments based on proper planning and the employment of

techniques for controlling and reducing flood damages provide a rational way to

balance the advantages and disadvantages of human settlement on flood plains.

These adjustments are the key to sound flood plain management.

Types of Assistance

The FPMS Program provides the full range of technical services and planningguidance that is needed to support effective flood plain management.

Flooding in Bound Brook, NJ., in 1999.Photo courtesy of New York District.

Flood Plain

Management

Services

Flooding in Manville, NJ, 1999. Photo courtesy of New York District.


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General Technical Services

The program develops or interprets site-specific data on obstructions to

flood flows, flood formation, and timing; flood depths or stages; floodwater

velocities; and the extent, duration, and frequency of flooding. It also provides

information on natural and cultural flood plain resources of note, as wel l as flood

loss potentials before and after the use of flood plain management measures.

General Planning Assistance

On a larger scale, the program provides assistance and guidance in the form

of "Special Studies" on all aspects of flood plain management planning

including the possible impacts of off-flood plain land use changes on the

physical, socio-economic, and environmental conditions of the flood plain.

This can range from helping a community identify present or future flood

plain areas and related problems, to a broad assessment of which of the

various remedial measures may be effectively used.

Some of the most common types of "Special Studies" include:

Flood Plain Delineation/Flood Hazard Evaluation Studies Dam Break Analysis Studies Hurricane Evacuation Studies Flood Warning/Preparedness Studies Regulatory Floodway Studies Comprehensive Flood Plain Management Studies Flood Damage Reduction Studies Urbanization Impact Studies Stormwater Management Studies Flood Proofing Studies Inventory of Flood Prone StructuresThe program also provides guidance and assistance for meeting standards of the

National Flood Insurance Program and for conducting workshops and seminars on non-

structural flood plain management measures, such as flood proofing.

Guides, Pamphlets, and Supporting Studies

Studies are conducted under the program to improve the methods and

procedures for mitigating flood damages. Guides and pamphlets are also

prepared on flood proofing techniques, flood plain regulations, flood plain

occupancy, natural flood plain resources, and other related aspects of flood

plain management.

The study findings and the guides and pamphlets are provided free-of-

charge to federal agencies; eligible Native American Indian tribes; state,

regional, and local governments; and private citizens for their use in ad-

dressing the flood hazard.


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Charges for Assistance

Upon request, program services are provided to state, regional, and local

governments; eligible Native American Indian tribes; and other non-federal

public agencies without charge. At their option, these entities may provide

voluntary contributions toward requested services to expand the scope or

accelerate the provision of those services.

Program services also are offered to non-water resource federal agencies and to theprivate sector on a 100 percent cost recovery basis. For most of these requests, payment

is required before services are provided. A schedule of charges is used to recover the

cost of services that take up to one day to provide. Letter requests or signed agreements

are used to charge for those that take longer.

All requesters are encouraged to furnish available field survey data, maps,

historical flood information, etc., to help reduce the cost of services.

How to Request Assistance

Agencies, governments, organizations, and individuals interested in flood-

related information or assistance should contact the appropriate Corps office

indicated on the sheet in the pocket at the back of this booklet.

Information that is readily-available will be provided in response to a tele-

phone request. A letter request is required for assistance that involves devel-

oping new data, making a map, or preparing a report. A sample letter request is

shown on the next page.


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Sample Request for flood Plain

Management Services

(Date)

US Army Corps of Engineers

26 Federal Plaza, Room #2145

New York, NY 10278

Attn. Planning Division

Corps Flood Plain Management Services Program Coordinator.

Dear Sir/Madam:

This is in reference to your Flood Plain Management Services Program. We

understand that Section 206 of the Flood Control Act of 1960, as amended,

authorizes the Corps to help others mitigate flood losses. The [requesting

agency, eligible Native American Indian tribe, or private entity] requests

assistance for [body of water or waterway], located in [city, township or

borough], in[county and state].

[Add brief paragraph describing problem or need].

Property descriptions, [site plans, maps and/or photographs] are

enclosed. Upon your review of this initial request, we would like to discuss the

availability of information, required schedule, and level of effort required (to

negotiate the appropriate charge if applicable). Please contact [name, title,

phone number] to arrange a further discussion of this request.

Signature of Cooperating Agency or Individual


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Other water issues can also be a challenge for states and Native American

Indian tribes located near lakes, rivers, or even the ocean. The Corps helps tackle

these needs through the PAS Program.

Authority and Scope

Section 22 of the Water Resources Development Act (WRDA) of 1974

(Public Law 93-251), as amended, provides authority for the Corps of Engineers to

assist the states, local governments, and other non-federal entities in the

preparation of comprehensive plans for the development, utilization, and

conservation of water and related land resources. Section 208 of the WRDA of

1992 (Public Law 102-580), amended the WRDA of 1974 to include eligible

Native American Indian tribes as equivalent to a state. To find out if a Native

American Indian tribe is eligible for these services, contact the US Department of

Interior Bureau of Indian Affairs through the following website:

http://www.doi.qov/bureau-indian-affairs.html

Program Development

The individual states and tribes determine the needed planning assistance.Every year, each state and eligible Native American Indian tribe provides the

Corps of Engineers its request for studies under the program, and the Corps then

accommodates as many studies as possible within the funding allotment. Typical

studies are only planning level of detail, they do not include detailed design for

project construction. The studies generally involve the analysis of existing data

for planning purposes using standard engineering techniques, although some

data collection is often necessary. Most studies become the basis for state,

tribal, or local planning decisions. To assist in expediting a request for PAS

activities, a sample requesting letter and Cost Sharing Agreement are included

on pages 10 and 11, respectively.

Typical Studies

The program can encompass many types of studies dealing with water

resources issues. Types of studies conducted in recent years under the

program include the following:

Water Supply and Demand Studies Water Conservation Studies Water Quality Studies Environmental Conservation/Restoration Studies Wetlands Evaluation Studies Dam Safety/Failure Studies Flood Damage Reduction Studies Flood Plain Management Studies Coastal Zone Management/Protection Studies Harbor/Port Studies

Planning

Assistance

to States


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10

Funding

Congress funds the PAS Program annually. Nationwide annual funds may not

exceed $10 million, with not more than $500,000 in any one year in any one state.

Individual studies, of which there may be more than one per state or tribe per year,

generally cost $25,000 to $75,000. These studies are cost shared on a 50 percent

federal - 50 percent non-federal basis. The study sponsor has the option of

providing up to 50% of their share of the study cost in the form of in-kind

services.

How to Request Assistance

State, local government, and tribal officials who are interested in obtaining

planning assistance under this program can contact the appropriate Corps

office for further details. Alternatively, interested parties can contact the

appropriate state or tribal PAS coordinator to request assistance. In either case,

the Corps will coordinate all requests for assistance with the state or tribal PAS

coordinator to ensure that studies are initiated on state or tribal prioritized

needs. The insert found in the pocket on the inside back cover of this booklet

includes a current listingof the Corps PAS

coordinator for your

area of interest.

Coastal Project atWesthampton, NY.

Restoration of WaterburyDam, in Waterbury, VT


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11

Sample Request for Planning

Assistance to States

(Date)

US Army Corps of Engineers

26 Federal Plaza, Room #2145

New York, NY 10278

Attn. Planning Division

Corps Planning Assistance to States Program Coordinator:

Dear Sir/Madam:

This is in reference to the Corps of Engineers' Planning Assistance to States

Program. We understand that the provisions of Section 22 of the Water Resources

Development Act of 1974 (Public Law 93-251), as amended, provides authority for

the Corps to assist in the preparation of comprehensive plans for the development,

utilization, and conservation of water and related land resources. The [name of

state, eligible Native American Indian tribe, local government, or other

non-federal entity] requests planning assistance for [briefly describe problemor need, including if appropriate, the name of the body of water or

waterway, and city, township, etc.], in [county and state].

We would like to discuss the availability of information, required schedule, and

level of effort required in order to negotiate the appropriate Cost Sharing

Agreement to initiate a Section 22 study. Please contact [name, title, phone

number] to arrange a further discussion of this inquiry.

Signature of Cooperating Agency


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12

PLANNING ASSISTANCE BETWEEN

THE US ARMY CORPS OF ENGINEERS

AND

(SPONSOR'S NAME)

THIS AGREEMENT, entered into this _________________ day of _____________________ by and

between the United States of America (hereinafter called the "Government"), represented by the

Contracting Officer executing this Agreement, and (Name of the Requesting state entity or

tribe)(hereinafter called the "Sponsor").

WITNESSETH, that

WHEREAS, the Congress has authorized the Corps of Engineers in Section 22 of the Water

Resources Development Act of 1974 (Public Law 93-251), as amended, to assist the States in the

preparation of comprehensive plans for the development, utilization, and conservation of water and

related land resources; and whereas, Section 319 of the Water Resources Development Act of 1990

(Public Law 101-640) authorized the Government to collect from non-federal entities fees for the

purpose of recovering fifty (50) percent of the cost of the program; and,

WHEREAS, the sponsor has reviewed the state's comprehensive water plans and identified the need

for the planning assistance as described in a Scope of Studies; (Name of the study which is

described in Appendix A), incorporated into this Agreement; and

WHEREAS, the sponsor has the authority and capability to furnish the cooperation hereinafter set

forth and is willing to participate in study cost-sharing and financing in accordance with the terms of

this Agreement;

NOW THEREFORE, the parties agree as follows:

1. The Government, using funds contributed by the sponsor and appropriated by the Congress, shallexpeditiously prosecute and complete the study, estimated to be completed within twelve (12)

months, substantially in compliance with the Scope of Studies attached as Appendix A and in

conformity with applicable federal laws and regulations and mutually acceptable standards of

engineering practice.

2. The Sponsor shall contribute cash and in-kind services equal to fifty (50) percent of Study Costs

other than excess Study Costs. The Sponsor may, consistent with applicable law and regulations,

contribute their Study Costs through the provision of in-kind services. The in-kind services to be

provided by the Sponsor, the estimated negotiated costs for those services, and the estimated

schedule under which those services are to be provided are specified in the PSP. The total cost of

which is currently estimated to be $_____, as specified in the cost estimate attached as Appendix

B. For its cash

contribution, the sponsor shall provide a cashier or certified check in the amount of $____ which

shall be made payable to FAO, USAED, New York District, prior to any work being performed

under this Agreement.

Sample

Cost Sharing

Agreement


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3. No federal funds maybe used to meet the local sponsor share of study costs under this

Agreement, unless the expendi ture of such funds is expressly authorized by statute as verified by the

granting agency.

4. Before any party to the Agreement may bring suit in any court concerning any issue relating to

this Agreement, such party must first seek in good faith to resolve the issue through negotiation or

another form of nonbinding alternate dispute resolution mutually acceptable to the parties.

5. In the event that anyone or more of the provisions of this Agreement is found to be invalid, illegal,

or unenforceable, by a court of competent jurisdiction, the validity of the remaining provisions shall

not in any way be affected or impaired and shall continue in effect until the Agreement is completed.

6. This Agreement shall become effective upon the signature of both parties.

For the Sponsor: For the Corps:

By: _____________________________ By: ________________________(Colonel, Corps of Engineers)

Title:____________________________ Title: District Engineer

Date: ___________________________ Date:


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US Army Corpsof EngineersNew York District

FY 2008


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CAP LIMITS AND CODE

CONTINUING AUTHORITIES Project Program Initial Feas. P

PROGRAM Limit Limit (per FY) Fed Funding Fed/Non

Traditional

Section 14

Emergency Streambank and Shoreline Protection $1,000,000 $15,000,000 $40,000 N/A

Section 103

Hurricane and Storm Damage Reduction $3,000,000 $30,000,000 $100,000 50/5

Section 107

Navigation $4,000,000 $35,000,000 $100,000 50/5

Section 111

Mitigation of Shore Damage due to Fed. Project $5,000,000 N/A $100,000 50/5

Section 205

Flood Damage Reduction $7,000,000 $50,000,000 $100,000 50/5

Section 208Snagging and Clearing for Flood Control $500,000 $7,500,000 $40,000 N/A

Environmental

Section 204

Beneficial Use of Dredged Material None $15,000,000 $5,000 75/2

Section 206

Aquatic Ecosystem Restoration $5,000,000 $25,000,000 $10,000 65/3

Section 1135

Environmental Improvement $5,000,000 $25,000,000 $10,000 75/2


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SECTION 14Authority for: EMERGENCY STREAMBANK

AND SHORELINE PROTECTION

WHAT CAN THE CORPS DO? Section 14 of the 1946 Flood Control Act, as amended,provides authority for the Corps of Engineers to plan and construct emergency streambankand shoreline protection projects to protect endangered highways, highway bridgeapproaches, public facilities such as water and sewer lines, churches, public and privatenonprofit schools and hospitals, and other nonprofit public facilities.

The unstable conditions caused by streambank and shoreline erosion call for prompt actionto eliminate the threat to public safety and to prevent interruption of vital services. This isrecognized in the streamlined study and shortened time frame of the Section 14 program.Federal costs are limited to not more than $1,000,000 in one locality during any fiscal year.Costs of lands, easements, and operation and maintenance of the project must be nonfederal.

A Section 14 project may include new streambank or shoreline protection works, or it mayrepair, restore, or modify existing works. Each project must constitute a complete solutionto the problem and not commit the federal government to additional improvements to ensureeffective protection.

A project is accepted for construction only after investigation shows its engineeringfeasibility, environmental acceptability, and economic justification. The planning anddesign analysis (PDA), conducted at federal expense, will evaluate the alternatives, select

one, and develop project design data, including plans and specifications. The impact of theproject on the environment will be documented in an environmental assessment (EA). Thedecision to approve and construct a project under Section 14 is based on information fromthe PDA. A draft project cooperation agreement (PCA) is drawn up which defines theobligations of the federal government and the sponsor in the construction, maintenance, andcost sharing of the project. No more than 12 months should pass between the start of thePDA and the time the project is ready for construction.

WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for emergency streambank andshore protection projects are shared between the federal government and a non-federalsponsor in accordance with the Water Resources Development Act of 1986, as amended.The first $40,000 of study funds are 100 percent federal. Any remaining study funds and

the costs of construction are shared according to the formula in the law. Credit is given forlands, etc. dedicated to the project, but at least 5 percent of the cost must be provided incash. The local sponsor (a State, local, or tribal government) must have the legal andfinancial capability to fulfill local cooperation requirements.Formal assurances of cooperation must be furnished by the local sponsor. The sponsorgenerally must agree to the following:

Contribute a minimum of 5 percent of the total project cost in cash;

Provide all lands, easements, rights-of-way, and relocations;


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Provide any additional cash contributions needed to make the local sponsor's share of theproject costs 35 percent;

Assume the full responsibility for all project costs above the federal cost limit of

$1,000,000.

Hold and save the United States free from claims for damages due to the construction and

maintenance of the project, except damages due to fault or negligence of the United Statesor its contractors;

Provide all access routes and relocations of utilities necessary for project construction andsubsequent operation and maintenance;

Operate, maintain, repair, replace, and rehabilitate the project as long as the project isauthorized;

Comply with provisions of pertinent federal acts in carrying out the specified nonfederalresponsibilities of the project.

HOW CAN HELP BE REQUESTED? We may begin a PDA study after we receive awritten request from the prospective sponsor. A sample letter is offered below:

District EngineerU.S. Army Corps of Engineers, New York DistrictATTN: Planning Division26 Federal Plaza, 21stFloorNew York, NY 10278

Dear Sir:

This letter is to seek the assistance of the U.S. Army Corps of Engineers underSection14 of the 1946 Flood Control Act, as amended, in reducing the threat ofdamages along (name of river, creek, or body of water) in the vicinity of (city or

town, etc.).

(Briefly describe the nature and severity of the problem, and any issues that couldaffect the acceptability of possible solutions.)

We understand that we would be required to pay at least 35 percent of the total costof a project, with credit granted toward this amount for providing lands, easementsand rights-of-way, and that the minimum cash requirement from us would be 5percent of the total project cost. We are able and willing to proceed to constructionwithin a year, if a feasible project is found. Please contact (name, address,telephone) for further information.

Sincerely,(Name and title of public official authorized to request study)

For more information, contact Mr. Dan Falt, Continuing Authorities Program Manager,at (917) 790-8614 or Email: [email protected].


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SECTION 103Authority for: COASTAL STORM DAMAGE

REDUCTION PROJECTS

WHAT CAN THE CORPS DO? Section 103 of the 1962 River and Harbor Act, as amended,provides authority to the Corps of Engineers to plan and construct small beach and shoreprotection projects that have not already been specifically authorized by Congress. A project isaccepted for construction only after detailed investigation clearly shows its engineering feasibility,environmental acceptability, and economic justification. Each project must be complete within itself,not a part of a larger project. The maximum federal expenditure per project is $3 million, whichincludes both planning and construction costs. Costs of lands, easements, and operation andmaintenance are non-federal.

To qualify for this program, the shoreline to be protected must be publicly owned or used. Privateland may qualify, however, if the project is necessary to protect nearby public facilities. The objectis to retain or restore existing land, not to create new land. The storm damage must be the result ofwind-driven waves and/or ocean tidal action, not streamflow.

After a State or local agency requests a potential project, the Corps will conduct a feasibility studyif it appears the problem may have a federal interest and if funds are available. The feasibility studybegins at federal expense. After approximately $20,000 has been expended, a decision is madewhether to continue the study and if cost sharing is required. Study costs in excess of $100,000are shared 50/50 with the nonfederal sponsor according to a Feasibility Study Cost SharingAgreement (FCSA). In the feasibility study the problem is defined, the federal interest isdetermined, potential solutions are identified, and the most feasible plan is chosen. The costs,

benefits, and environmental impacts of the potential project are analyzed. A draft projectcooperation agreement (PCA) is drawn up by which the federal Government and the sponsoragree to share project costs. No more than 3 years should pass between the start of the feasibilitystudy and the time the project is ready for construction.

WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 103 storm damage reductionprojects are shared between the federal government and a non-federal sponsor in accordance withthe Water Resources Development Act of 1986, as amended. During construction the localsponsor must contribute a minimum of 35 percent of the total cost of a project, with credit grantedtoward this amount for providing lands, easements and rights-of-way, and pay a minimum cashrequirement of 5 percent of the total project cost. The local sponsor (a state or local government)must have the legal and financial capability to fulfill the requirements of cost sharing and local

cooperation. The sponsor generally must agree to the following:

Contribute in cash the local share of project planning and construction costs. Provide all lands, easements, rights-of-way, relocations, and dredged material disposal

areas.

Provide any additional cash contributions needed to make the local sponsor's share of theflood damage reduction cost at least 35 percent.


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Hold and save the United States free from damages due to the construction andmaintenance of the project, except damages due to fault or negligence of the United Statesor its contractors;

Make all alterations and relocations of buildings, transportation facilities, storm drains,utilities, and other structures and improvements made necessary by the construction of the

project (excluding approaches and facilities necessary for the normal interception anddisposal of local interior drainage at the line of protection);

Comply with provisions of pertinent federal acts in carrying out the specified non-federalresponsibilities of the project;

Operate, maintain, repair, replace, and rehabilitate the project as long as the project isauthorized.

HOW CAN A STUDY BE REQUESTED? We may begin a Section 103 study after we receive awritten request from the prospective sponsor. A sample letter is offered below.

District EngineerU.S. Army Corps of Engineers, New York District

ATTN: Planning Division26 Federal Plaza, 21stFloorNew York, NY 10278

Dear Sir:

This letter is to seek the assistance of the U.S. Army Corps of Engineers under Section 103of the 1962 River and Harbor Act, as amended, in reducing storm damages along (describethe site) in the vicinity of (city or town, etc.)

(Briefly describe the nature and severity of the problem. Briefly describe the known issues

that might affect the acceptability of any recommended solutions, from the perspective oflocal government and/or the public.)

It is understood that, if the study indicates a project with a federal interest is likely, the (non-federal sponsor) would be required to enter into a contract to pay half the cost of thefeasibility study after the first $100,000. Further, if it is found feasible to develop a flooddamage reduction project, the (non-federal sponsor) would be able to pay at least 35percent of the total cost of a project, with credit granted toward this amount for providinglands, easements and rights-of-way, and pay a minimum cash requirement of 5 percent ofthe total project cost.

Please contact (name, address, telephone) for further information.




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SECTION 107Authority for: SMALL NAVIGATION PROJECTS

WHAT CAN THE CORPS DO? Section 107 of the River and Harbor Act of 1960, asamended, provides authority for the Corps of Engineers to plan and construct smallnavigation projects that have not already been specifically authorized by Congress. Aproject is accepted for construction only after detailed investigation shows its engineeringfeasibility, environmental acceptability, and economic justification. Each project must becomplete within itself, not a part of a larger project. The maximum federal expenditure perproject is $4 million, which includes both planning and construction costs. Any additionalcosts must be paid by the non-federal sponsor. Costs of lands, easements, and operation andmaintenance of the project (other than certain maintenance dredging) must be non-federal.

Federal funds can be expended only for general navigation facilities, which may include safe

entrance channels leading to an anchorage basin or berthing area, including breakwaters orjetties, if needed, protected anchorage basins, and protected turning basins, and necessaryaccess channels. Federal maintenance is limited to dredging the access, entrance, and mainchannels and maintenance of breakwaters or jetties.

After a State or local agency requests a potential project, the Corps will conduct a feasibilitystudy if it appears the problem may have a federal interest and if funds are available. Thefeasibility study begins at federal expense. After approximately $20,000 has been expended,a decision is made as to whether to continue the study and whether cost sharing is likely tobe needed. Study costs in excess of $100,000 are shared 50/50 with the non-federal sponsoraccording to a Feasibility Study Cost Sharing Agreement (FCSA). In the feasibility studythe problem is defined, the federal interest is determined, potential solutions are identified,and the most feasible plan is chosen. The costs, benefits, and environmental impacts of thepotential project are analyzed. A draft project cooperation agreement (PCA) is drawn up bywhich the federal government and the sponsor agree to share project costs. No more than 3years should pass between the start of the feasibility study and the time the project is readyfor construction, with plans and specifications essentially complete and the PCA approved.

WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 107 smallnavigation projects are shared between the federal government and a non-federal sponsor inaccordance with the Water Resources Development Act of 1986, as amended. Duringconstruction the local sponsor must pay 10 percent of the construction costs for thebreakwater, entrance channel, and maneuvering area for projects 20 feet deep or less. (For

projects more than 20 but less than 45 feet deep, the sponsor must pay 25 percent.) Thesponsor must pay an additional 10 percent over 30 years; the value of lands, easements, andrights-of-way may be credited toward this amount. Any costs over the $4 million federallimit must be paid by local interests. Docks, landings, piers, berthing areas, boat stalls,mooring facilities, launching ramps, access roads, parking areas, and any interior accesschannels needed for maneuvering into berths are entirely a local responsibility and areconstructed and maintained at non-federal expense.

The local sponsor (a State or local government) must have the legal and financial capability


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to fulfill the requirements of cost sharing and local cooperation. The sponsor generally mustagree to the following:

Contribute in cash the local share of project planning and construction cost; Provide, without cost to the United States, all lands, easements, and rights-of-way necessary for

the construction and maintenance of the project, including suitable disposal areas for dredgedmaterial, with any necessary retaining dikes, bulkheads, and embankments or the cost thereof;

Hold and save the United States free from damages due to the construction and maintenance ofthe project, except damages due to the fault or negligence of the

United States or its contractors; Maintain and operate all the non-federal works after completion in accordance with regulations

prescribed by the Secretary of the Army;

Provide and maintain berthing areas, floats, piers, slips, and similar marina and mooringfacilities as needed for transient and local vessels, as well as necessary access roads, parkingareas, and other needed public use shore facilities open and available to all on equal terms.(Only minimum, basic facilities and services are required as part of the project.)

HOW CAN A STUDY BE REQUESTED? We may begin a Section 107 study after wereceive a written request from the prospective sponsor. A sample letter is offered below.


Dear Sir:

This letter is to request the U.S. Army Corps of Engineers to conduct a study under Section

107 of the River and Harbor Act, as amended, to determine the feasibility of developing asmall navigation improvement at (location).(Briefly describe the nature of the navigation improvement and any issues that might affectthe acceptability of any recommended solutions, from the perspective of local governmentand/or the public.)

It is understood that, if the study indicates a project with a federal interest is likely, the(non-federal sponsor) would be required to enter into a contract to pay half the cost of thefeasibility study after the first $100,000. Further, if it is found feasible to develop anavigation project at (location), the (non-federal sponsor) would agree to provide the localcooperation and cost sharing prescribed by the Secretary of the Army.





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SECTION 205Authority for: FLOOD DAMAGE

REDUCTION PROJECTS

WHAT CAN THE CORPS DO? Section 205 of the 1948 Flood Control Act, as amended, providesauthority to the Corps of Engineers to plan and construct small flood damage reduction projectsthat have not already been specifically authorized by Congress. A project is accepted forconstruction only after detailed investigation clearly shows its engineering feasibility, environmentalacceptability, and economic justification. Each project must be complete within itself, not a part of alarger project. The maximum federal expenditure per project is $7 million, which includes bothplanning and construction costs. Costs of lands, easements, and operation and maintenance mustbe non-federal.

There are two types of projects: structural and nonstructural. Structural projects may includelevees, floodwalls, diversion channels, pumping plants, and bridge modifications. Nonstructuralalternatives, which have little or no effect on water surface elevations, might include suchmeasures as floodproofing, relocation of structures, and flood warning systems.

After a State or local agency requests a potential project, the Corps will conduct a feasibility studyif it appears the problem may have a federal interest and if funds are available. The feasibility studybegins at federal expense. After approximately $20,000 has been expended, a decision is madewhether to continue the study and if cost sharing is required. Study costs in excess of $100,000are shared 50/50 with the nonfederal sponsor according to a Feasibility Study Cost SharingAgreement (FCSA). In the feasibility study the problem is defined, the federal interest isdetermined, potential solutions are identified, and the most feasible plan is chosen. The costs,

benefits, and environmental impacts of the potential project are analyzed. A draft projectcooperation agreement (PCA) is drawn up by which the federal Government and the sponsoragree to share project costs. No more than 3 years should pass between the start of the feasibilitystudy and the time the project is ready for construction.

WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 205 flood damage reductionprojects are shared between the federal government and a non-federal sponsor in accordance withthe Water Resources Development Act of 1986, as amended. During construction the localsponsor must contribute a minimum of 35 percent of the total cost of a project, with credit grantedtoward this amount for providing lands, easements and rights-of-way, and pay a minimum cashrequirement of 5 percent of the total project cost. The local sponsor (a state or local government)must have the legal and financial capability to fulfill the requirements of cost sharing and local

cooperation. The sponsor generally must agree to the following:

Contribute in cash the local share of project planning and construction costs. Provide all lands, easements, rights-of-way, relocations, and dredged material disposal

areas.

Provide any additional cash contributions needed to make the local sponsor's share of theflood damage reduction cost at least 35 percent.


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Make all alterations and relocations of buildings, transportation facilities, storm drains,utilities,\ and other structures and improvements made necessary by the construction of the

project (excluding approaches and facilities necessary for the normal interception anddisposal of local interior drainage at the line of protection);

Prepare a floodplain management plan designed to reduce the impact of future flood eventsin the project area;

Comply with provisions of pertinent federal acts in carrying out the specified non-federalresponsibilities of the project;

Operate, maintain, repair, replace, and rehabilitate the project as long as the project isauthorized.

HOW CAN A STUDY BE REQUESTED? We may begin a Section 205 study after we receive awritten request from the prospective sponsor. A sample letter is offered below.


Dear Sir:

This letter is to seek the assistance of the U.S. Army Corps of Engineers under Section 205of the 1948 Flood Control Act, as amended, in reducing flood damages along (river orcreek) in the vicinity of (city or town, etc.)

(Briefly describe the nature and severity of the flooding problem. Briefly describe the knownissues that might affect the acceptability of any recommended solutions, from theperspective of local government and/or the public.)

It is understood that, if the study indicates a project with a federal interest is likely, the (non-federal sponsor) would be required to enter into a contract to pay half the cost of thefeasibility study after the first $100,000. Further, if it is found feasible to develop a flooddamage reduction project, the (non-federal sponsor) would be able to pay at least 35percent of the total cost of a project, with credit granted toward this amount for providinglands, easements and rights-of-way, and pay a minimum cash requirement of 5 percent ofthe total project cost.





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SECTION 208

Authority for: SNAGGING AND CLEARINGFOR FLOOD CONTROL

WHAT CAN THE CORPS DO? Section 208 of the 1954 Flood Control Act, as amendedprovides authority to the Corps of Engineers to plan for and provide removal of accumulatedsnags and other debris from waterways and to clear stream channels in the interest of floodcontrol. Each project must be complete within itself, not part of a larger project. The limitedscope of these projects allows for prompt action to eliminate the threat of flooding. This isrecognized in the streamlined study and shortened time frame of the Section 208 program.The maximum federal expenditure per project is $500,000, which includes both planningand construction costs. Costs of lands, easements, and operation and maintenance must benon-federal.

A project is accepted for construction only after investigation shows its engineeringfeasibility, environmental acceptability, and economic justification. The planning anddesign analysis (PDA), conducted at federal expense, will evaluate the alternatives, selectone, and develop project design data, including plans and specifications. The impact of theproject on the environment will be documented in an environmental assessment (EA). Thedecision to approve and construct a project under Section 14 is based on information fromthe PDA. A draft project cooperation agreement (PCA) is drawn up which defines theobligations of the federal government and the sponsor in the construction, maintenance, andcost sharing of the project. No more than 12 months should pass between the start of thePDA and the time the project is ready for construction.

WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 208 snagging andclearing projects are shared between the federal government and a non-federal sponsor inaccordance with the Water Resources Development Act of 1986, as amended. The first$40,000 of study funds are 100% federal. Any additional study funds and the costs ofconstruction are shared 65% federal, 35% non-federal. Credit is given for lands, etc.dedicated to the project, but at least 5 percent of the cost must be provided in cash. Thelocal sponsor (a state, local, or tribal government) must have the legal and financialcapability to fulfill the following local cooperation requirements.The local sponsor is required to:

Contribute a minimum of 5 percent of the total project cost in cash;

Provide all lands, easements, rights-of-way, and relocations; Provide any additional cash contributions needed to make the local sponsor's share of the

project costs 35 percent; and

Assume the full responsibility for all project costs above the federal cost limit of $500,000.

Before construction, the local sponsor must agree to do the following:


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Hold and save the United States free from claims for damages due to the construction andmaintenance of the project, except damages due to fault or negligence of the United Statesor its contractors;


Operate, maintain, repair, replace, and rehabilitate the project as long as the project isauthorized; Comply with provisions of pertinent federal Acts in carrying out the specified nonfederal

responsibilities of the project.

HOW CAN A STUDY BE REQUESTED? We may begin a PDA study after we receive awritten request from the prospective sponsor. A sample letter is offered below.

District EngineerU.S. Army Corps of Engineers, New York DistrictATTN: Planning Division26 Federal Plaza, 21stFloor

New York, NY 10278

Dear Sir:

This letter is to seek the assistance of the U.S. Army Corps of Engineers underSection 208 of the 1954 Flood Control Act, as amended, in reducing flood damagesalong (river or creek) in the vicinity of (city or town, etc.)

(Briefly describe the nature and severity of the flooding problem. Briefly describethe known issues that might affect the acceptability of any recommended solutions,from the perspective of local government and/or the public.)

We understand that we would be required to pay at least 35 percent of the total costof a project, with credit granted toward this amount for providing lands, easementsand rights-of-way, and that the minimum cash requirement from us would be 5percent of the total project cost. Please contact (name, address, telephone) forfurther information.




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SECTION 204Authority for: ENVIRONMENTAL RESTORATIONPROJECTS IN CONNECTION WITH DREDGING

WHAT CAN THE CORPS DO? Section 204 of the Water Resources Development Act of1992, provides authority for the Corps to restore, protect, and create aquatic and wetlandhabitats in connection with construction or maintenance dredging of an authorized project.The project costs are identified as those in excess of the least costly plan that accomplishesthe disposal of dredged material from a navigation project, consistent with soundengineering practices and environmental standards. There is no per project limit on federalexpenditures, however there is an annual appropriation limit of $15 million nationwide.Project costs are shared 75% federal, 25% non-federal. Costs of lands, easements, andrights-of-way are non-federal and are creditable towards the 25% non-federal cost share.The non-federal sponsor must assume responsibility for operation and maintenance of theproject upon completion.

The Corps does restoration projects in areas that affect water, such as rivers, lakes, andwetlands. We evaluate projects that benefit the environment through restoring, improving,or protecting aquatic habitat for plants, fish and wildlife.

After a State or local agency requests a potential project, the Corps will conduct apreliminary study to determine if the problem may have a federal interest. If the Corpsheadquarters office approves this effort, a feasibility study begins at federal expense. In thefeasibility study the problem is defined, potential solutions are identified, the costs, benefits,and environmental impacts of the alternatives are analyzed, and a plan is chosen. In

addition to the study, a draft project cooperation agreement (PCA) is drawn up by which thefederal government and the sponsor agree to share project costs.

WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 204 projects areshared between the federal government (75%) and a non-federal sponsor (25%) inaccordance with the Water Resources Development Act of 1992. Sponsors include publicagencies such as cities, local improvement districts, and watershed groups, private interestsif no future operation and maintenance is required, and large national non-profitorganizations if they can commit to future operation and maintenance. The sponsorgenerally must agree to the following:

Provide all lands, easements, rights-of-way, relocations, and dredged material disposal

areas not available from existing project. Provide any additional cash contributions needed to make the local sponsor's share of the

cost 25 percent.

Hold and save the United States free from damages due to the construction andmaintenance of the project, except damages due to fault or negligence of the United

States or its contractors;



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Comply with provisions of pertinent federal acts in carrying out the specified nonfederalresponsibilities of the project;

Contribute in cash the local share of project planning and construction cost;

Maintain and operate all the non-federal works after completion in accordance withregulations prescribed by the Secretary of the Army.



Dear Sir:

This letter is to request the U.S. Army Corps of Engineers to conduct a study under Section204 of the Water Resources Development Act of 1992 to determine the feasibility of anaquatic ecosystem restoration project at (location).

(Briefly describe the nature of the aquatic ecosystem restoration and any issues that mightaffect the acceptability of any recommended solutions, from the perspective of localgovernment and/or the public.)

It is understood that, if it is found feasible and advisable to develop an aquatic ecosystemrestoration project at (location), the (non-federal sponsor) would be required to provide thelocal cooperation and cost sharing prescribed by the Secretary of the Army.




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SECTION 206

Authority for: AQUATIC ECOSYSTEM RESTORATION

WHAT CAN THE CORPS DO? Section 206 of the Water Resources Development Act of1996, provides authority for the Corps to restore aquatic ecosystems. A project is acceptedfor construction after a detailed investigation shows it is technically feasible,environmentally acceptable, and provides cost effective environmental benefits. Each projectmust be complete within itself, not a part of a larger project. The maximum federalexpenditure per project is $5 million, which includes both planning and construction costs.Project costs are shared 65% federal, 35% non-federal. Costs of lands, easements, andrights-of-way are non-federal and are creditable towards the 35% non-federal cost share.Section 206 also allows credit for certain works in-kind, including design work, provision ofmaterials, and construction activities. Contributions, such as volunteer labor, can also beaccepted to reduce the overall project cost. The non-federal sponsor must assume

responsibility for operation and maintenance of the project upon completion.

The Corps does restoration projects in areas that affect water, such as rivers, lakes, andwetlands. We evaluate projects that benefit the environment through restoring, improving,or protecting aquatic habitat for plants, fish and wildlife.

After a State or local agency requests a potential project, the Corps will conduct apreliminary study to determine if the problem may have a federal interest. If the Corpsheadquarters office approves this effort, a feasibility study begins at federal expense. In thefeasibility study the problem is defined, potential solutions are identified, the costs, benefits,and environmental impacts of the alternatives are analyzed, and a plan is chosen. Inaddition to the study, a draft project cooperation agreement (PCA) is drawn up by which the

federal government and the sponsor agree to share project costs. No more than 2 yearsshould pass between the start of the study and the time the project is ready for construction.Projects with an estimated federal cost of $1,000,000 or less may be expedited allowing fora project to be completed in 18 months or less.

WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 206 projects areshared between the federal government (65%) and a non-federal sponsor (35%) inaccordance with the Water Resources Development Act of 1996. Sponsors include publicagencies such as cities, local improvement districts, and watershed groups, private interestsif no future operation and maintenance is required, and large national non-profitorganizations if they can commit to future operation and maintenance. The sponsorgenerally must agree to the following:

Provide all lands, easements, rights-of-way, relocations, and dredged material disposalareas.

Provide any additional cash contributions needed to make the local sponsor's share of thecost 35 percent.



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Contribute in cash the local share of project planning and construction cost;

Maintain and operate all the non-federal works after completion in accordance withregulations prescribed by the Secretary of the Army;



Dear Sir:

This letter is to request the U.S. Army Corps of Engineers to conduct a study under Section206 of the Water Resources Development Act of 1996 to determine the feasibility of anaquatic ecosystem restoration project at (location).

(Briefly describe the nature of the aquatic ecosystem restoration and any issues that mightaffect the acceptability of any recommended solutions, from the perspective of localgovernment and/or the public.)

It is understood that, if it is found feasible and advisable to develop an aquatic ecosystem

restoration project at (location), the (non-federal sponsor) would be required to provide thelocal cooperation and cost sharing prescribed by the Secretary of the Army.




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SECTION 1135

Authority for: PROJECT MODIFICATIONS TOIMPROVE THE ENVIRONMENT

________________________________________________________________________

WHAT CAN THE CORPS DO? Section 1135 of the Water Resources Development Actof 1986, as amended, provides the authority to modify existing Corps projects to restore theenvironment and construct new projects to restore areas degraded by Corps projects. Aproject is accepted for construction after a detailed investigation shows it is technicallyfeasible, environmentally acceptable, and provides cost effective environmental benefits.Each project must be complete within itself, not a part of a larger project. The maximumfederal expenditure per project is $5 million, which includes both planning and construction

costs. Projects exceeding $5 million must be specifically authorized by Congress. Projectcosts are shared 75% federal, 25% non-federal. Costs of lands, easements, and rights-of wayare non-federal and are creditable towards the 25% non-federal cost share. Section1135 also allows credit for certain works in-kind, including design work, provision ofmaterials, and construction activities. Contributions, such as volunteer labor, can also beaccepted to reduce the overall project cost. The non-federal sponsor must assumeresponsibility for operation and maintenance of the project upon completion.

The Corps does environmental restoration in areas that require modification to thehydrologic regime, in other words, areas of water, such as rivers, lakes, and wetlands. Weevaluate projects that benefit the environment through restoring, improving, or protectinghabitat for plants, fish and wildlife.

After an eligible non-federal sponsor requests assistance, the Corps will conduct apreliminary study to determine if the problem may have a federal interest. If the Corpsheadquarters office approves this effort, a feasibility study begins at federal expense. In thefeasibility study the problem is defined, potential solutions are identified, the costs, benefits,and environmental impacts of the alternatives are analyzed, and a plan is chosen. Inaddition to the study, a project cooperation agreement (PCA) is drawn up by which thefederal government and the sponsor agree to share project costs. No more than 2 yearsshould pass between the start of the study and the time the project is ready for construction.Projects with an estimated federal cost of $1,000,000 or less may be expedited allowing fora project to be completed in 18 months or less.

WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 1135 projects areshared between the federal government (75%) and a non-federal sponsor (25%) inaccordance with the Water Resources Development Act of 1986, as amended. Sponsorsinclude public agencies such as cities, local improvement districts, and watershed groups,private interests if no future operation and maintenance is required, and large national nonprofitorganizations if they can commit to future operation and maintenance. The non-federalsponsor must have the legal and financial capability to fulfill the requirements of costsharing and local cooperation. The sponsor generally must agree to the following:


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Provide all lands, easements, rights-of-way, relocations, and dredged material disposalareas.

Provide any additional cash contributions needed to make the local sponsor's share of thecost 25 percent.

Hold and save the United States free from damages due to the construction and

maintenance of the project, except damages due to fault or negligence of the United Statesor its contractors; Provide all access routes and relocations of utilities necessary for project construction and

subsequent operation and maintenance;


Contribute in cash the local share of project planning and construction cost; Maintain and operate all the non-federal works after completion in accordance with

regulations prescribed by the Secretary of the Army.



Dear Sir:

This letter is to request the U.S. Army Corps of Engineers to conduct a study under Section1135 of the Water Resources Development Act of 1986, as amended, to determine the

feasibility of an environmental restoration project at (location).

(Briefly describe the nature of the environmental restoration and any issues that mightaffect the acceptability of any recommended solutions, from the perspective of localgovernment and/or the public.)

It is understood that, if it is found feasible and advisable to develop an environmentalrestoration project at (location), the (non-federal sponsor) would be required to provide thelocal cooperation and cost sharing prescribed by the Secretary of the Army.




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CIVIL WORK PROCESS & RESPONSIBILITIES - TYPICAL CA

Planning Division

Planning Division Engineering Division Construction Division

Reconnaissance Feasibility Engineering Plans Real Estate Acquisition

Phase Phase & Design & Specs Relocation

Plans & Specs

Construction

PRP Feasibility

IAR Report

Agreement (FCSA)

Cost Sharing Agreement (PCA)

N Years

(project specific)

Execute Feasibility Project Cooperation

N years - project specific3-6 months 1-2 years


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Attachment E Aquatic Plant Control

USACE Authorities and Provisions


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AUTHORITIES

Sec 104, 1958 RHA (PL 85-500), as amended

TITLE 33 > CHAPTER 12 > SUBCHAPTER IV > 610

610. Control of aquatic plant growths

(a) In generalThere is hereby authorized a comprehensive program to provide forcontrol and progressive eradication of noxious aquatic plant growths fromthe navigable waters, tributary streams, connecting channels, and otherallied waters of the United States, in the combined interest of navigation,flood control, drainage, agriculture, fish and wildlife conservation, publichealth, and related purposes, including continued research fordevelopment of the most effective and economic control measures, to be

administered by the Chief of Engineers, under the direction of theSecretary of the Army, in cooperation with other Federal and Stateagencies. Local interests shall agree to hold and save the United Statesfree from claims that may occur from control operations and to participateto the extent of 30 per centum of the cost of such operations. Costs forresearch and planning undertaken pursuant to the authorities of this sectionshall be borne fully by the Federal Government.

(b) AppropriationsThere are authorized to be appropriated such amounts, not in excess of$15,000,000 annually, as may be necessary to carry out the provisions of

this section. Any such funds employed for control operations shall beallocated by the Chief of Engineers on a priority basis, based upon theurgency and need of each area, and the availability of local funds.

(c) SupportIn carrying out the program under this section, the Secretary is encouragedto use contracts, cooperative agreements, and grants with colleges anduniversities and other non-Federal entities.

WRDA 1986

Sec 103(c)(6):

SEC. 103. FLOOD CONTROL AND OTHER PURPOSES.(c) Other Purposes.--The non-Federal share of the cost assigned to otherproject purposes shall be as follows:(6) aquatic plant control: 50 percent of control operations.


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Sec 105:

SEC. 105. FEASIBILITY STUDIES; PLANNING, ENGINEERING, AND

DESIGN.(a) Feasibility Studies.(1) The Secretary shall not initiate any feasibility study for a waterresources project after the date of enactment of this Act untilappropriate non-Federal interests agree, by contract, to contribute50 percent of the cost for such study during the period of suchstudy. Not more than one-half of such non-Federal contributionmay be made by the provision of services, materials, supplies, orother in-kind services necessary to prepare the feasibility report.(2) This subsection shall not apply to any water resources studyprimarily designed for the purposes of navigational improvements

in the nature of dams, locks, and channels on the Nation's systemof inland waterways.(b) Planning and Engineering.--The Secretary shall not initiate anyplanning or engineering authorized by this Act for a water resourcesproject until appropriate non-Federal interests agree, by contract, tocontribute 50 percent of the cost of the planning and engineering duringthe period of the planning and engineering.(c) Design.--Costs of design of a water resources project shall be shared inthe same percentage as the purposes of such project.

Sec 941:

SEC. 941. AQUATIC PLANT CONTROL.Section 104(b) of the River and Harbor Act of 1958 (33 U.S.C. 610(b)) isamended by striking out "$10,000,000" and inserting in lieu thereof"$12,000,000".

Sec 1203:

Sec. 1203.(a) After the date of enactment of this Act, costs incurred in themodification by the Secretary of dams and related facilities constructed oroperated by the Secretary, the cause of which results from new hydrologicor seismic data or changes in state-of-the-art design or construction criteriadeemed necessary for safety purposes, shall be recovered in accordancewith the provisions in this subsection:

(1) Fifteen percent of the modification costs shall be assigned toproject purposes in accordance with the cost allocation in effect forthe project at the time the work is initiated. Non-Federal interestsshall share the costs assigned to each purpose in accord with the


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cost sharing in effect at the time of initial project construction:Provided, That the Secretary of the Interior shall recover costsassigned to irrigation in accordance with repayment provisions ofPublic Law 98-404.(2) Repayment under this subsection, with the exception of costs

assigned to irrigation, may be made, with interest, over a period ofnot more than thirty years from the date of completion of the work.The interest rate used shall be determined by the Secretary of theTreasury, taking into consideration average market yields onoutstanding marketable obligations of the United States withremaining periods to maturity comparable to the applicablereimbursable period during the month preceding the fiscal year inwhich the costs are incurred, plus a premium of one-eighth of onepercentage point for transaction costs. To the extent that more thanone interest rate is determined pursuant to the preceding sentence,the Secretary of the Treasury shall establish an interest rate at the

weighted average of the rates so determined.(b) Nothing in this section affects the authority of the Secretary to performwork pursuant to Public Law 84-99, as amended (33 U.S.C. 701n) or costsharing for such work.

WRDA 1996

Sec 225

SEC. 225. MELALEUCA.

Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C. 610(a)) isamended by inserting `melaleuca,' after `milfoil,'.

Sec 540

SEC. 540. CONTROL OF AQUATIC PLANTS, MICHIGAN,PENNSYLVANIA, AND VIRGINIA AND NORTH CAROLINA.

The Secretary shall carry out under section 104 of the River and HarborAct of 1958 (33 U.S.C. 610)--

(1) a program to control aquatic plants in Lake St. Clair, Michigan;

(2) a program to control aquatic plants in the Schuylkill River,Philadelphia, Pennsylvania; and(3) a program to control aquatic plants in Lake Gaston, Virginia andNorth Carolina.


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WRDA 1999

Sec 205

SEC. 205. CONTROL OF AQUATIC PLANTS.Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) isamended--

(1) in the first sentence of subsection (a), by striking``water-hyacinth, alligatorweed, Eurasian water milfoil,melaleuca, and other obnoxious aquatic plant growths, from''and inserting ``noxious aquatic plant growths from'';(2) in the first sentence of subsection (b), by striking

``$12,000,000'' and inserting ``$15,000,000.''; and(3) by adding at the end the following:

``(c) Support.--In carrying out the program under thissection, the Secretary is encouraged to use contracts,cooperative agreements, and grants with colleges anduniversities and other non-Federal entities.''.


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PROVISIONS

General

The Corps may cooperate with non-Federal agencies for control of noxiousaquatic plant growth from navigable water areas not under the jurisdiction of theCorps of Engineers (reservoirs, channels, harbors) or other federal agencies.

Program limited to $15,000,000. Initiation of aquatic plant control reconnaissance and feasibility studies must be

approved by ASA(CW).

Research

This is the only Federally authorized research program for aquatic plantmanagement.

The purpose is to provide effective, economical, and environmentally compatiblecontrol techniques.

Programmatic research is 100% Federal, site specific research with local benefitsis 50% Federal, 50% non-Federal.

Cost Share Control Actions

Studies:o Initial Appraisal Letter Report, 100% Federal.o Reconnaissance, 100% Federal (requires ASA(CW) approval to initiate),

$15,000 maximum.o Feasibility (50% Federal, 50% non- Federal). Includes NEPA document,

cooperative agreement, and management plan.

Control Actions - 50% Federal, 50% non-Federal. Non-Federal agencies agree tohold and save Federal government free from damages.

Documents

Lake Topanemus Trip Report FEB 2010 Final