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<br />{:~*-j <br /> <br />PROJECT MODIFICATION FOR IMPROVEMENT <br />OF THE ENVIRONMENT (Section 1135) <br /> <br />., <br /> <br />WHAT THE CORPS CAN DO: 1heCorps of Engineers has the authority, provided by Section 1135 of the . <br />Water Resources Development Act of 1986, as amended, to make modifications in the structures and <br />operations of water resources projects constructed by the Corps of F.ngiN>.ers to improve the quality of the <br />environment. The primary goal of these projects is ecosystem restoration with an emphasis on projects <br />benefitting fish and wildlife. <br /> <br />To qualify under Ibis program, projects must be jUstified. That is, the benefits resulting frOm <br />constructing the project both mone1ary and non-monelary must justify the cost of the project. The project also . <br />must be consistent with the authorized purposes of the project being modified, environmentally acceptable and <br />complete within itself. Each separate project is limited to a to1al cost of not more than, $S million, including <br />studies,plansand specifications, and construction. <br /> <br />PROCESS: The dis1rict prepares a Preliminary Restoration Plan which describes the basic project. <br />modification features, justification and cost. This plan also includes a letter of intent from the non-Federal <br />sponsor. Upon approval of this plan a feasibility study is initiated. This study phase involves all of the <br />p1anningand engineering activities required to reach a conclusion on Federal participation incons~ction of. <br />the project modification. The report produced is the basis for project construction approval. <br /> <br />'~i.~ht! <br /> <br />1bC feaSI"bility study and preparation of plans and specifications are initially Federallyfunlled. Prior <br />to advertisement of the first construction contract, the non-Federal sponsor and the Corps will sign a Project <br />Cooperation Agreement which specifies all of the non-FederaI respoDSl"bilities and estimated costs. At this time <br />the non-Federal sponsor will be required to contribute 2S percent up-front financing for. construction and to <br />reimburse the Federal Government for 2S percent of the study and design -costs.. The non-Federal sponsor can . <br />receive credit for required lands, easements, rights-of-way. relocations, .and suitable borrow and dredged or <br />excavated material disposal areas (LERRD). <br /> <br />LOCAL RESPONSIBIL1TIFS: Before a project is implemented a Project Cooperation Agreement is signed . <br />which proVides formal assurances of local cooperation bya State or local agency, Federally-r~cognizedtribe,. <br />orprivaieentity empowered with sufficient legal and financial authority to complywithall.~iteJns, '.' <br />Typically, the nan-Federal sponsor muSt lIgrcetothe following: . <br /> <br />1. Provide all lands, easements, rights-of-way, relocations, and suitable borrow and dredged , <br />or excavated material disposal areas required for .the project modification. <br /> <br />2. Hold and save the United States free from damages due to the construction worle, not <br />including damages during construction, operation and maintenance that are due to the fault or negligence of <br />the United States or its contractors. <br /> <br />3. Maintain, operate, repair, replace and rehabilitate the project after completion in <br />accordance with procedures prescribed by the U.S. Army Corps of Engineers. <br /> <br />4. Provide the non-Federal share of the costs equal to 2S percent of the cost to conduct a <br />study, prepare plans and specifications and construct the modification. <br /> <br />17 <br />