LAKE ST. CATHERINE POULTNEY & WELLS, VERMONT

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1 LAKE ST. CATHERINE POULTNEY & WELLS, VERMONT TRIP REPORT (MEMORANDUM FOR RECORD) 02 September 2009 US ARMY CORPS OF ENGINEERS NEW YORK DISTRICT

2 MEMORANDUM FOR: Record 15 October 2009 SUBJECT: Trip Report Lake St. Catherine Poultney & Wells, VT 02 September Background: The Lake St. Catherine Association, Inc. requested assistance from the US Army Corps of Engineers (USACE), New York District in restoring the ecosystem of Lake St. Catherine, located in the towns of Poultney and Wells, Vermont. Lake St. Catherine is located on the western border of Vermont. It is approximately 29 miles north of Manchester and 26 miles west of Rutland. It lies between the Towns of Poultney and Wells (see Attachment A Maps). It has approximately 600 homes bordering the lake. Lake St. Catherine is a system of three lakes connected by short channels. To the north is Lilly Pond then the main lake and to the south, Little Lake. At the southern end of the main lake a bridge crosses the channel to Little Lake allowing easy access to the western shore of the Main Lake. The system drains into Mill Brook and ultimately into Lake Champlain. Modern scholarship indicates that the entirety of Lake St. Catherine is really a system of three lakes that include Lilly Pond, Lake St. Catherine and Little Lake--interconnected by navigable channels. In about 1900, the Vermont Fish and Game Agency again dammed the wet land now called Little Lake by raising a 7 foot dam at the point where Mill Brook crosses under North Avenue. The present Little Lake now is about 4 6 feet deep. 1 The water resources problem identified is described as a rapid deterioration of the lake ecosystem, including increased nutrient levels, excessive silt accumulation and plant biomass; all related to invasive aquatic plant species, primarily Eurasian watermilfoil (Myriophyllum spicatum). Without a significant effort to solve the problem, the lake may experience eutrophication, which is the process of increased nutrient input into the lake, which negatively impacts the natural ecosystem. The Vermont Department of Environmental Conservation (VTDEC) first confirmed Eurasian watermilfoil in Lake St. Catherine in Eurasian watermilfoil is a non-native aquatic plant that is known for its rapid growth and ability to spread and take over native aquatic plants, leading to significant problems within a lake (see Attachment B Milfoil Control Fact Sheet). VTDEC issues a permit to the Lake St. Catherine Association (Association) to remove nuisance aquatic plants by use of suction harvesting to control Eurasian watermilfoil. Although the Association has a program in place for removal, it is equivalent to mowing a lawn. The funding and resources required to make a significant difference are not available locally. 2. Site Visit: Jason Shea (USACE) and representatives from Senator Sander s Office, Congressman Welch s Office and several state and local agencies and NGO s (see Attachment C - Attendance) toured the lake to view the water resources problems. The group boarded two pontoon boats for a tour of the affected areas, starting in Little Lake 1 Information provided by the The Lake St. Catherine Association (

3 and going north through the main lake to Lilly Lake. Weed growth is widespread, except in Lilly Pond where recent chemical treatment has been successful. During the tour, we witnessed ongoing suction harvesting in the main lake (see Attachment D Photos). The harvesting is successful, but covers small areas and only temporarily solves the problem. During the trip, the group stressed its concern for the weeds as it negatively impacts boating and swimming, which affects the local economy. Following the tour, Jason Shea briefed the group on the Aquatic Plant Control Program, the Corps watershed planning program and various other Corps authorities. 3. Summary & Recommendation: Lake St. Catherine s environmental problems could be addressed utilizing four Corps programs, Aquatic Plant Control, Continuing Authorities Program, Lake Champlain Environmental Assistance Program and a watershed study (General Investigations). Planning Assistance to States (PAS) Program could also be pursued to achieve some low level planning to answer questions, helping guide the decision making process (see Attachment E PAS and CAP Brochures). a. Planning Assistance to States Authorized by Section 22 of the Water Resources Development Act of 1974 (PL ) as amended; the PAS Program allows the Corps to assist local governments with their water 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 planning level only and do not include detailed design for project construction. Study length is generally 6-12 months and cost shared 50% Federal/50% non- Federal. b. Continuing Authorities Program, Section 206 Authorized by Section 206 of the Water Resources Development Act of 1996 (PL ) as amended; Section 206 of the CAP Program allows the Corps to participate in aquatic ecosystem restoration, if the project will improve environmental quality and is cost effective. There is a $5 million per project and a $25 million nationwide funding limit. Study length is generally 2-3 years and cost shared 65% Federal/35% non-federal. Construction is also cost shared 65/35. c. Watershed Study There are several authorities for watershed studies. The work required for a watershed study varies, depending on the specific problems, 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 design and cost estimates of potential restoration sites within the watershed and the lake. New authorization would be required for construction, following the feasibility study. Study length is generally 2-4 years and cost shared 50% Federal/50% non-federal.

4 d. Aquatic Plant Control Authorized by Section 104, 1958 Rivers and Harbors Act (PL ), as amended; allows The Corps may cooperate with non- Federal agencies for control of noxious aquatic plant growth from navigable water areas not under the jurisdiction of the Corps of Engineers or other federal agencies. The nationwide program is limited to $15 million per fiscal year. Initiation of aquatic plant control reconnaissance and feasibility studies must be approved by the Assistant Secretary of the Army (Civil Works) and is cost shared 50% Federal/50% non-federal. e. Lake Champlain Program Authorized by Section 542 of Water Resources Development Act of 2000, Section 542 allows the Corps to provide assistance with planning, designing and implementing projects that contribute to protection and enhancement of the Lake Champlain water quality, water supply, ecosystem and other water related issues; while preserving and enhancing the economic and social character of the communities within the watershed. Potential projects are screened by the Lake Champlain Basin Program Steering Committee and are cost shared cost shared 65% Federal/35% non-federal. It is recommended that the PAS Program be pursued in short-term, to gather important information, while also pursing one of the other options as a long term solution. If a potential local partner would like to pursue one or more of the options outlined above, a letter of request should be written to the US Army Corps of Engineers, New York District. For additional information, please contact Jason Shea, Chief, Watershed & Navigation Section at Jason Shea Chief, Watershed & Navigation Section US Army Corps of Engineers

5 Attachment A Maps

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8 Attachment B Milfoil Control Fact Sheet

9 Milfoil Control Eurasian watermilfoil is a non-native aquatic plant that is present in most U.S. states and much of Canada. This plant is known for its rapid growth and ability to spread, which can lead to significant problems within a lake. Commonly found in shallow bays and along the shoreline, milfoil forms dense beds that can seriously impair the recreational use of a lake, reduce the availability of fish spawning grounds, outcompete beneficial native plants, and otherwise alter a lake s natural environment. The growth and spread of Eurasian watermilfoil is a threat to all our lakes and ponds. Once Eurasian watermilfoil has infested a lake there is no known way to eradicate it. Lake managers can only seek to control it by integrating the most effective, economically feasible, and environmentally sound methods available. Ecology Eurasian watermilfoil is not native to North America but originates from Europe, Asia and northern Africa. As an "introduced" species to this continent, Eurasian watermilfoil has no natural controls (insects, bacteria, fungi) to keep its growth in check. In North America it has the

10 potential to completely infest lakes once introduced. Native types of watermilfoil rarely attain such extensive growth. Eurasian watermilfoil stems can reach the surface in up to 20 feet of water, growing up from the lake bottom each year from a fibrous root system. Milfoil grows and spreads extremely quickly, forming dense surface mats. Unlike most native aquatic plants, which are usually associated with particular water qualities, Eurasian watermilfoil will grow readily in many types of lakes, as well as on almost any lake bottom type: silty, sandy, or rocky. The presence of Eurasian watermilfoil often brings a change in the natural lake environment. Over time, it may outcompete or eliminate the more beneficial native aquatic plants, severely reducing natural plant diversity within a lake. Since its growth is typically dense, milfoil weed beds are poor spawning areas for fish and may lead to populations of stunted fish. Although many aquatic plants serve as valuable food sources for wildlife, waterfowl, fish, and insects, Eurasian watermilfoil is rarely used for food. Commonly found in shallow bays and in bands along the shoreline, dense surface mats of milfoil can also make fishing, boating and swimming virtually impossible. Eurasian watermilfoil reproduces almost exclusively by the breaking off of fragments which can drift away, sink, develop roots, and grow into plants. A fragment just a few inches long is capable of starting a new plant. This fragmentation occurs both naturally and as a result of human activity. Within a lake, wind and waves may break plants loose, allowing them to drift into new locations and root. Boating activity through dense milfoil beds also contributes to the fragmenting and spread of milfoil plants.

11 How is Milfoil Spread? Human recreational activities usually account for the spread of non-native aquatic plants and animals between lakes. Fragments of aquatic plants cling to the propellers of boat motors or to boat trailers and, if not removed, can start new populations when the boat is launched into another waterbody. Unfortunately, once Eurasion watermilfoil has been introduced into a lake, there is no way to completely eradicate it. To stop the further spread of non-native aquatic species, it is imperative that all plant fragments are removed from boats before putting in or leaving a lake's access area. Removed plant material should be properly disposed of in a trash receptacle or on high, dry ground where there is no dnager of them washing into any waterbody. It is illegal to transport Eurasion watermilfoil, water chestnut, zebra mussels or quagga mussels to or from any Vermont surface water. Any person found transporting these species to or from a Vermont lake or pond will be in violation of this law. Violators are subject to a penalty of $150 per violation (pursuant to 10 V.S.A. 1266). A state noxious weeds quarantine rule (106K PDF) also prohibits the transport of many aquatic weeds, as well as their sale, distribution, possession, or cultivation. Control Since there is no way to completely eradicate Eurasion watermilfoil from a lake once it has been introduced, control efforts must instead focus on: controlling newly introduced infestations, preventing further spread of the plant, or reducing the nuisance level of the problem. Some methods

12 are more appropriate for well-established populations, whlie others are better suited for those that are recent introductions. The State of Vermont is concerned about the impacts certain milfoil control methods could have on the environmnet. Bottom barriers, all mechanically powered devices (harvesters, hydrorakes), herbicides, and biological controls require permits from the Department of Envrionmental Conservation before they can be used to control nuisance aqautic plant growth. Contact the Department at (802) to determine if your proposed control method requires a permit and to obtain permit applications. Bottom Barriers, specially made sheets of materials such as fiberglass, polypropylene, or polyvinyl chloride (PVC), anchored to a lake bottom will prevent plant growth by blocking sunlight. Bottom barriers are most appropriate to control growth in localized areas such as in swimming areas, around docs or to create boat lanes out to deeper water. With diver operated suction harvesting, scuba divers use suction hoses powered by a surface compressor to selectively remove milfoil from the lake bottom. Although too labor intensive on a large scale, this method has proven to be highly successful at combating newly established infestations in Vermont lakes. A hydrorake removes plant roots and shoots by raking the lake bottom. Any removed material must then be depostied on shore. Hydroraking has ahad limited use in the state but

13 is most practical ofor providing short-term relief from dense milfoil infestations. When done properly, pulling milfoil plants by hand is highly effective for controlling small, newly introduced milfoil populations. Mechanical harvesters cut off the milfoil (and any other plants) below the water surface, gathering the cut material as they move through the plant bed. Milfoil roots are not removed in the this process. Mechanical harvesting, like lawn mowing, merely reduces the height of plant growth temporarily in order to make the lake more usable. Removing the plant material from the lake does however, prevent the plants from contributing to the sediment which rapidly accumulates under dense aquatic plant beds. Mechanical weed harvesting has been used on several heavily infested Vermont milfoil lakes. Other potential milfoil control methods include rotavating, chemical herbicides and biological controls such as grass carp. Rotavating involves a machine that "tills" the lake bottom, dislodging both the roots and stems of the plant. Plants are either collected by a mechanical harvester or, if conducted in the late fall, are allowed to wash ashore and dry over the winter. This method has yet to be used in Vermont. There are a number of federally registered aquatic herbicides that control Eurasion watermilfoil. Consderations for use include cost, the potential need for

14 repeated applications, and product label restrictions that prevent their application in lakes used as water supplies. Biological controls such as insects, bacteria or fungi that will impact milfoil are in the experimental stages only. Their use as a milfoil control method may prove to be the control of the future. The use of plant-eating fish such as the grass carp, a native to China, is currently illegal in Vermont. The VTDEC has been working with the watermilfoil weevil Euhrychiopsus lecontei since The weevil was responsible for at least one Eurasion watermilfoil decline in Vermont, in Brownington Pond in Brownington. It has been found naturally occurring in many other milfoil-infested lakes in Vermont. The weevil, a native aquatic insect, has shown promise as a potential biological control agent for Eurasian watermilfoil, and is currently the subject of ongoing research. Resources Vermont Department of Envrionmental Conservation (VTDEC) VTDEC's Watermilfoil Fact Sheet (104K PDF) VTDEC Water Quality Division

15 Lake Saint Catherine Association, 2009 The Lake Saint Catherine Association P.O. Box 631, Wells, VT Site design: Dogen Media

16 Aquatic Plant Control USACE Authorities and Provisions

17 AUTHORITIES Sec 104, 1958 RHA (PL ), as amended TITLE 33 > CHAPTER 12 > SUBCHAPTER IV > Control of aquatic plant growths (a) In general There is hereby authorized a comprehensive program to provide for control and progressive eradication of noxious aquatic plant growths from the navigable waters, tributary streams, connecting channels, and other allied waters of the United States, in the combined interest of navigation, flood control, drainage, agriculture, fish and wildlife conservation, public health, and related purposes, including continued research for development of the most effective and economic control measures, to be administered by the Chief of Engineers, under the direction of the Secretary of the Army, in cooperation with other Federal and State agencies. Local interests shall agree to hold and save the United States free from claims that may occur from control operations and to participate to the extent of 30 per centum of the cost of such operations. Costs for research and planning undertaken pursuant to the authorities of this section shall be borne fully by the Federal Government. (b) Appropriations There 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 be allocated by the Chief of Engineers on a priority basis, based upon the urgency and need of each area, and the availability of local funds. (c) Support In carrying out the program under this section, the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other non-federal entities. WRDA 1986 Sec 103(c)(6): SEC FLOOD CONTROL AND OTHER PURPOSES. (c) Other Purposes.--The non-federal share of the cost assigned to other project purposes shall be as follows: (6) aquatic plant control: 50 percent of control operations.

18 Sec 105: SEC FEASIBILITY STUDIES; PLANNING, ENGINEERING, AND DESIGN. (a) Feasibility Studies. (1) The Secretary shall not initiate any feasibility study for a water resources project after the date of enactment of this Act until appropriate non-federal interests agree, by contract, to contribute 50 percent of the cost for such study during the period of such study. Not more than one-half of such non-federal contribution may be made by the provision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report. (2) This subsection shall not apply to any water resources study primarily designed for the purposes of navigational improvements in the nature of dams, locks, and channels on the Nation's system of inland waterways. (b) Planning and Engineering.--The Secretary shall not initiate any planning or engineering authorized by this Act for a water resources project until appropriate non-federal interests agree, by contract, to contribute 50 percent of the cost of the planning and engineering during the period of the planning and engineering. (c) Design.--Costs of design of a water resources project shall be shared in the same percentage as the purposes of such project. Sec 941: SEC AQUATIC PLANT CONTROL. Section 104(b) of the River and Harbor Act of 1958 (33 U.S.C. 610(b)) is amended by striking out "$10,000,000" and inserting in lieu thereof "$12,000,000". Sec 1203: Sec (a) After the date of enactment of this Act, costs incurred in the modification by the Secretary of dams and related facilities constructed or operated by the Secretary, the cause of which results from new hydrologic or seismic data or changes in state-of-the-art design or construction criteria deemed necessary for safety purposes, shall be recovered in accordance with the provisions in this subsection: (1) Fifteen percent of the modification costs shall be assigned to project purposes in accordance with the cost allocation in effect for the project at the time the work is initiated. Non-Federal interests shall share the costs assigned to each purpose in accord with the

19 cost sharing in effect at the time of initial project construction: Provided, That the Secretary of the Interior shall recover costs assigned to irrigation in accordance with repayment provisions of Public Law (2) Repayment under this subsection, with the exception of costs assigned to irrigation, may be made, with interest, over a period of not more than thirty years from the date of completion of the work. The interest rate used shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the applicable reimbursable period during the month preceding the fiscal year in which the costs are incurred, plus a premium of one-eighth of one percentage point for transaction costs. To the extent that more than one 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 perform work pursuant to Public Law 84-99, as amended (33 U.S.C. 701n) or cost sharing for such work. WRDA 1996 Sec 225 SEC MELALEUCA. Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C. 610(a)) is amended by inserting `melaleuca,' after `milfoil,'. Sec 540 SEC CONTROL OF AQUATIC PLANTS, MICHIGAN, PENNSYLVANIA, AND VIRGINIA AND NORTH CAROLINA. The Secretary shall carry out under section 104 of the River and Harbor Act 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 and North Carolina.

20 WRDA 1999 Sec 205 SEC CONTROL OF AQUATIC PLANTS. Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is amended-- (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 this section, the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other non-federal entities.''.

21 PROVISIONS General The Corps may cooperate with non-federal agencies for control of noxious aquatic plant growth from navigable water areas not under the jurisdiction of the Corps 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 plant management. The purpose is to provide effective, economical, and environmentally compatible control techniques. Programmatic research is 100% Federal, site specific research with local benefits is 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 to hold and save Federal government free from damages.

22 Attachment C - Attendance

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25 Attachment D Photos

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32 Attachment E PAS and CAP Brochures

33 Flood Plain Management Services & Planning Assistance to States US Army Corps of Engineers New York District - FY 2009

34 Table of Contents Introduction... 3 Corps of Engineers Overview... 3 Division/District Boundaries (map)...4 Flood Plain Management Services... 5 Planning Assistance to States

35 Introduction 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 assistance programs: Flood Plain Management Services & Planning Assistance to States The 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. Corps of Engineers Overview 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 the first 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 3

36 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 4

37 Flood Plain Management Services 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 ), as amended. Its objective is to foster public understanding of the options for dealing with flood hazards and to promote prudent use 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 planning guidance that is needed to support effective flood plain management. Flooding in Bound Brook, NJ., in Photo courtesy of New York District. Flooding in Manville, NJ, Photo courtesy of New York District. 5

38 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 well 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 Structures The program also provides guidance and assistance for meeting standards of the National Flood Insurance Program and for conducting workshops and seminars on nonstructural 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-ofcharge to federal agencies; eligible Native American Indian tribes; state, regional, and local governments; and private citizens for their use in addressing the flood hazard. 6

39 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 the private 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 floodrelated 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 telephone request. A letter request is required for assistance that involves developing new data, making a map, or preparing a report. A sample letter request is shown on the next page. 7

40 Sample Request for flood Plain Management Services (Date) US Army Corps of Engineers 26 Federal Plaza, Room #2145 New York, NY 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 8

41 Planning Assistance to States 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 ), 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 ), 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: 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 9

42 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 listing of the Corps PAS coordinator for your area of interest. Coastal Project at Westhampton, NY. Restoration of Waterbury Dam, in Waterbury, VT 10

43 Sample Request for Planning Assistance to States (Date) US Army Corps of Engineers 26 Federal Plaza, Room #2145 New York, NY 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 ), 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 problem or 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 11

44 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"). Sample Cost Sharing Agreement WITNESSETH, that WHEREAS, the Congress has authorized the Corps of Engineers in Section 22 of the Water Resources Development Act of 1974 (Public Law ), 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 ) 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, shall expeditiously 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. 12

45 3. No federal funds maybe used to meet the local sponsor share of study costs under this Agreement, unless the expenditure 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: By: Title: Date: For the Corps: By: (Colonel, Corps of Engineers) Title: District Engineer Date: 13

46 Continuing Authorities Program US Army Corps of Engineers New York District FY 2008

47 CAP LIMITS AND CODE CONTINUING AUTHORITIES Project Program Initial Feas. Phase Const. Phase Code PROGRAM Limit Limit (per FY) Fed Funding Fed/Non-Fed Fed/Non-Fed Traditional Section 14 Emergency Streambank and Shoreline Protection $1,000,000 $15,000,000 $40,000 N/A 65/35 33 USC Sec. 701r Section 103 Hurricane and Storm Damage Reduction $3,000,000 $30,000,000 $100,000 50/50 65/35 33 USC Sec. 426g Section ' or 45' Navigation $4,000,000 $35,000,000 $100,000 50/50 65/35 or 40/60 33 USC Sec. 577 Section 111 Mitigation of Shore Damage due to Fed. Project $5,000,000 N/A $100,000 50/50 original cost share 33 USC Sec. 426i Section 205 Flood Damage Reduction $7,000,000 $50,000,000 $100,000 50/50 65/35 33 USC Sec. 701s Section 208 Snagging and Clearing for Flood Control $500,000 $7,500,000 $40,000 N/A 65/35 33 USC Sec. 701g Environmental Section 204 Beneficial Use of Dredged Material None $15,000,000 $5,000 75/25 75/25 33 USC Sec Section 206 Aquatic Ecosystem Restoration $5,000,000 $25,000,000 $10,000 65/35 65/35 33 USC Sec Section 1135 Environmental Improvement $5,000,000 $25,000,000 $10,000 75/25 75/25 33 USC Sec. 2309a

48 SECTION 14 Authority 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 streambank and shoreline protection projects to protect endangered highways, highway bridge approaches, public facilities such as water and sewer lines, churches, public and private nonprofit schools and hospitals, and other nonprofit public facilities. The unstable conditions caused by streambank and shoreline erosion call for prompt action to eliminate the threat to public safety and to prevent interruption of vital services. This is recognized 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 may repair, restore, or modify existing works. Each project must constitute a complete solution to the problem and not commit the federal government to additional improvements to ensure effective protection. A project is accepted for construction only after investigation shows its engineering feasibility, environmental acceptability, and economic justification. The planning and design analysis (PDA), conducted at federal expense, will evaluate the alternatives, select one, and develop project design data, including plans and specifications. The impact of the project on the environment will be documented in an environmental assessment (EA). The decision to approve and construct a project under Section 14 is based on information from the PDA. A draft project cooperation agreement (PCA) is drawn up which defines the obligations of the federal government and the sponsor in the construction, maintenance, and cost sharing of the project. No more than 12 months should pass between the start of the PDA and the time the project is ready for construction. WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for emergency streambank and shore protection projects are shared between the federal government and a non-federal sponsor 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 for lands, etc. dedicated to the project, but at least 5 percent of the cost must be provided in cash. The local sponsor (a State, local, or tribal government) must have the legal and financial capability to fulfill local cooperation requirements. Formal assurances of cooperation must be furnished by the local sponsor. The sponsor generally 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;

49 Provide any additional cash contributions needed to make the local sponsor's share of the project 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 States or its contractors; Provide all access routes and relocations of utilities necessary for project construction and subsequent operation and maintenance; Operate, maintain, repair, replace, and rehabilitate the project as long as the project is authorized; Comply with provisions of pertinent federal acts in carrying out the specified nonfederal responsibilities of the project. HOW CAN HELP BE REQUESTED? We may begin a PDA study after we receive a written request from the prospective sponsor. A sample letter is offered below: District Engineer U.S. Army Corps of Engineers, New York District ATTN: Planning Division 26 Federal Plaza, 21 st Floor New York, NY Dear Sir: This letter is to seek the assistance of the U.S. Army Corps of Engineers under Section14 of the 1946 Flood Control Act, as amended, in reducing the threat of damages 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 could affect the acceptability of possible solutions.) We understand that we would be required to pay at least 35 percent of the total cost of a project, with credit granted toward this amount for providing lands, easements and rights-of-way, and that the minimum cash requirement from us would be 5 percent of the total project cost. We are able and willing to proceed to construction within 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) or daniel.t.falt@usace.army.mil.

50 SECTION 103 Authority 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 shore protection projects that have not already been specifically authorized by Congress. A project is accepted 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, which includes both planning and construction costs. Costs of lands, easements, and operation and maintenance are non-federal. To qualify for this program, the shoreline to be protected must be publicly owned or used. Private land may qualify, however, if the project is necessary to protect nearby public facilities. The object is to retain or restore existing land, not to create new land. The storm damage must be the result of wind-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 study if it appears the problem may have a federal interest and if funds are available. The feasibility study begins at federal expense. After approximately $20,000 has been expended, a decision is made whether to continue the study and if cost sharing is required. Study costs in excess of $100,000 are shared 50/50 with the nonfederal sponsor according to a Feasibility Study Cost Sharing Agreement (FCSA). In the feasibility study the 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 the potential project are analyzed. 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 3 years should pass between the start of the feasibility study and the time the project is ready for construction. WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 103 storm damage reduction projects are shared between the federal government and a non-federal sponsor in accordance with the Water Resources Development Act of 1986, as amended. During construction the local sponsor must contribute a minimum of 35 percent of the total cost of a project, with credit granted toward this amount for providing lands, easements and rights-of-way, and pay a minimum cash requirement 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 the flood damage reduction cost at least 35 percent.

51 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 States or 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 and disposal of local interior drainage at the line of protection); Comply with provisions of pertinent federal acts in carrying out the specified non-federal responsibilities of the project; Operate, maintain, repair, replace, and rehabilitate the project as long as the project is authorized. HOW CAN A STUDY BE REQUESTED? We may begin a Section 103 study after we receive a written request from the prospective sponsor. A sample letter is offered below. District Engineer U.S. Army Corps of Engineers, New York District ATTN: Planning Division 26 Federal Plaza, 21 st Floor New York, NY Dear Sir: This letter is to seek the assistance of the U.S. Army Corps of Engineers under Section 103 of the 1962 River and Harbor Act, as amended, in reducing storm damages along (describe the 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 of local government and/or the public.) It is understood that, if the study indicates a project with a federal interest is likely, the (nonfederal sponsor) would be required to enter into a contract to pay half the cost of the feasibility study after the first $100,000. Further, if it is found feasible to develop a flood damage reduction project, the (non-federal sponsor) would be able to pay at least 35 percent of the total cost of a project, with credit granted toward this amount for providing lands, easements and rights-of-way, and pay a minimum cash requirement of 5 percent of the total project cost. 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) or daniel.t.falt@usace.army.mil.

52 SECTION 107 Authority for: SMALL NAVIGATION PROJECTS WHAT CAN THE CORPS DO? Section 107 of the River and Harbor Act of 1960, as amended, provides authority for the Corps of Engineers to plan and construct small navigation projects that have not already been specifically authorized by Congress. A project is accepted for construction only after detailed investigation 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 $4 million, which includes both planning and construction costs. Any additional costs must be paid by the non-federal sponsor. Costs of lands, easements, and operation and maintenance 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 or jetties, if needed, protected anchorage basins, and protected turning basins, and necessary access channels. Federal maintenance is limited to dredging the access, entrance, and main channels and maintenance of breakwaters or jetties. After a State or local agency requests a potential project, the Corps will conduct a feasibility study if it appears the problem may have a federal interest and if funds are available. The feasibility 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 to be needed. Study costs in excess of $100,000 are shared 50/50 with the non-federal sponsor according to a Feasibility Study Cost Sharing Agreement (FCSA). In the feasibility study the 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 the potential project are analyzed. 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 3 years should pass between the start of the feasibility study and the time the project is ready for construction, with plans and specifications essentially complete and the PCA approved. WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 107 small navigation projects are shared between the federal government and a non-federal sponsor in accordance with the Water Resources Development Act of 1986, as amended. During construction the local sponsor must pay 10 percent of the construction costs for the breakwater, 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.) The sponsor must pay an additional 10 percent over 30 years; the value of lands, easements, and rights-of-way may be credited toward this amount. Any costs over the $4 million federal limit must be paid by local interests. Docks, landings, piers, berthing areas, boat stalls, mooring facilities, launching ramps, access roads, parking areas, and any interior access channels needed for maneuvering into berths are entirely a local responsibility and are constructed and maintained at non-federal expense. The local sponsor (a State or local government) must have the legal and financial capability

53 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 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 dredged material, 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 of the 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 mooring facilities as needed for transient and local vessels, as well as necessary access roads, parking areas, 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 we receive a written request from the prospective sponsor. A sample letter is offered below. District Engineer U.S. Army Corps of Engineers, New York District ATTN: Planning Division 26 Federal Plaza, 21 st Floor New York, NY 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 a small navigation improvement at (location). (Briefly describe the nature of the navigation improvement and any issues that might affect the acceptability of any recommended solutions, from the perspective 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 the feasibility study after the first $100,000. Further, if it is found feasible to develop a navigation project at (location), the (non-federal sponsor) would agree to provide the local cooperation and cost sharing prescribed by the Secretary of the Army. 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) or daniel.t.falt@usace.army.mil.

54 SECTION 205 Authority for: FLOOD DAMAGE REDUCTION PROJECTS WHAT CAN THE CORPS DO? Section 205 of the 1948 Flood Control Act, as amended, provides authority to the Corps of Engineers to plan and construct small flood damage reduction projects that have not already been specifically authorized by Congress. A project is accepted 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 $7 million, which includes both planning and construction costs. Costs of lands, easements, and operation and maintenance must be non-federal. There are two types of projects: structural and nonstructural. Structural projects may include levees, floodwalls, diversion channels, pumping plants, and bridge modifications. Nonstructural alternatives, which have little or no effect on water surface elevations, might include such measures 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 study if it appears the problem may have a federal interest and if funds are available. The feasibility study begins at federal expense. After approximately $20,000 has been expended, a decision is made whether to continue the study and if cost sharing is required. Study costs in excess of $100,000 are shared 50/50 with the nonfederal sponsor according to a Feasibility Study Cost Sharing Agreement (FCSA). In the feasibility study the 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 the potential project are analyzed. 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 3 years should pass between the start of the feasibility study and the time the project is ready for construction. WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 205 flood damage reduction projects are shared between the federal government and a non-federal sponsor in accordance with the Water Resources Development Act of 1986, as amended. During construction the local sponsor must contribute a minimum of 35 percent of the total cost of a project, with credit granted toward this amount for providing lands, easements and rights-of-way, and pay a minimum cash requirement 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 the flood damage reduction cost at least 35 percent.

55 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 States or 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 and disposal of local interior drainage at the line of protection); Prepare a floodplain management plan designed to reduce the impact of future flood events in the project area; Comply with provisions of pertinent federal acts in carrying out the specified non-federal responsibilities of the project; Operate, maintain, repair, replace, and rehabilitate the project as long as the project is authorized. HOW CAN A STUDY BE REQUESTED? We may begin a Section 205 study after we receive a written request from the prospective sponsor. A sample letter is offered below. District Engineer U.S. Army Corps of Engineers, New York District ATTN: Planning Division 26 Federal Plaza, 21 st Floor New York, NY Dear Sir: This letter is to seek the assistance of the U.S. Army Corps of Engineers under Section 205 of the 1948 Flood Control Act, as amended, in reducing flood damages along (river or creek) in the vicinity of (city or town, etc.) (Briefly describe the nature and severity of the flooding problem. Briefly describe the known issues that might affect the acceptability of any recommended solutions, from the perspective of local government and/or the public.) It is understood that, if the study indicates a project with a federal interest is likely, the (nonfederal sponsor) would be required to enter into a contract to pay half the cost of the feasibility study after the first $100,000. Further, if it is found feasible to develop a flood damage reduction project, the (non-federal sponsor) would be able to pay at least 35 percent of the total cost of a project, with credit granted toward this amount for providing lands, easements and rights-of-way, and pay a minimum cash requirement of 5 percent of the total project cost. 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) or daniel.t.falt@usace.army.mil.

56 SECTION 208 Authority for: SNAGGING AND CLEARING FOR FLOOD CONTROL WHAT CAN THE CORPS DO? Section 208 of the 1954 Flood Control Act, as amended provides authority to the Corps of Engineers to plan for and provide removal of accumulated snags and other debris from waterways and to clear stream channels in the interest of flood control. Each project must be complete within itself, not part of a larger project. The limited scope of these projects allows for prompt action to eliminate the threat of flooding. This is recognized 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 planning and construction costs. Costs of lands, easements, and operation and maintenance must be non-federal. A project is accepted for construction only after investigation shows its engineering feasibility, environmental acceptability, and economic justification. The planning and design analysis (PDA), conducted at federal expense, will evaluate the alternatives, select one, and develop project design data, including plans and specifications. The impact of the project on the environment will be documented in an environmental assessment (EA). The decision to approve and construct a project under Section 14 is based on information from the PDA. A draft project cooperation agreement (PCA) is drawn up which defines the obligations of the federal government and the sponsor in the construction, maintenance, and cost sharing of the project. No more than 12 months should pass between the start of the PDA and the time the project is ready for construction. WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 208 snagging and clearing projects are shared between the federal government and a non-federal sponsor in accordance 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 of construction 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. The local sponsor (a state, local, or tribal government) must have the legal and financial capability 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:

57 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 States or its contractors; Provide all access routes and relocations of utilities necessary for project construction and subsequent operation and maintenance; Operate, maintain, repair, replace, and rehabilitate the project as long as the project is authorized; 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 a written request from the prospective sponsor. A sample letter is offered below. District Engineer U.S. Army Corps of Engineers, New York District ATTN: Planning Division 26 Federal Plaza, 21 st Floor New York, NY Dear Sir: This letter is to seek the assistance of the U.S. Army Corps of Engineers under Section 208 of the 1954 Flood Control Act, as amended, in reducing flood damages along (river or creek) in the vicinity of (city or town, etc.) (Briefly describe the nature and severity of the flooding problem. Briefly describe the 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 cost of a project, with credit granted toward this amount for providing lands, easements and rights-of-way, and that the minimum cash requirement from us would be 5 percent of the total project cost. 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) or daniel.t.falt@usace.army.mil.

58 SECTION 204 Authority for: ENVIRONMENTAL RESTORATION PROJECTS IN CONNECTION WITH DREDGING WHAT CAN THE CORPS DO? Section 204 of the Water Resources Development Act of 1992, provides authority for the Corps to restore, protect, and create aquatic and wetland habitats 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 accomplishes the disposal of dredged material from a navigation project, consistent with sound engineering practices and environmental standards. There is no per project limit on federal expenditures, however there is an annual appropriation limit of $15 million nationwide. Project costs are shared 75% federal, 25% non-federal. Costs of lands, easements, and rights-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 the project upon completion. The Corps does restoration projects in areas that affect water, such as rivers, lakes, and wetlands. 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 a preliminary study to determine if the problem may have a federal interest. If the Corps headquarters office approves this effort, a feasibility study begins at federal expense. In the feasibility 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 the federal government and the sponsor agree to share project costs. WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 204 projects are shared between the federal government (75%) and a non-federal sponsor (25%) in accordance with the Water Resources Development Act of Sponsors include public agencies such as cities, local improvement districts, and watershed groups, private interests if no future operation and maintenance is required, and large national non-profit organizations if they can commit to future operation and maintenance. The sponsor generally 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 and maintenance of the project, except damages due to fault or negligence of the United States or its contractors; Provide all access routes and relocations of utilities necessary for project construction and subsequent operation and maintenance;

59 Comply with provisions of pertinent federal acts in carrying out the specified nonfederal responsibilities 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 with regulations prescribed by the Secretary of the Army. HOW CAN A STUDY BE REQUESTED? We may begin a Section 204 study after we receive a written request from the prospective sponsor. A sample letter is offered below. District Engineer U.S. Army Corps of Engineers, New York District ATTN: Planning Division 26 Federal Plaza, 21 st Floor New York, NY Dear Sir: This letter is to request the U.S. Army Corps of Engineers to conduct a study under Section 204 of the Water Resources Development Act of 1992 to determine the feasibility of an aquatic ecosystem restoration project at (location). (Briefly describe the nature of the aquatic ecosystem restoration and any issues that might affect the acceptability of any recommended solutions, from the perspective of local government 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 the local cooperation and cost sharing prescribed by the Secretary of the Army. Sincerely, (Name and title of public official authorized to request study) For more information, contact Mr. Dan Falt, Continuing Authorities Program Manager, at (917) or daniel.t.falt@usace.army.mil.

60 SECTION 206 Authority for: AQUATIC ECOSYSTEM RESTORATION WHAT CAN THE CORPS DO? Section 206 of the Water Resources Development Act of 1996, provides authority for the Corps to restore aquatic ecosystems. A project is accepted for construction after a detailed investigation shows it is technically feasible, environmentally acceptable, and provides cost effective environmental benefits. Each project must be complete within itself, not a part of a larger project. The maximum federal expenditure 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, and rights-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 of materials, and construction activities. Contributions, such as volunteer labor, can also be accepted 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, and wetlands. 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 a preliminary study to determine if the problem may have a federal interest. If the Corps headquarters office approves this effort, a feasibility study begins at federal expense. In the feasibility 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 the federal government and the sponsor agree to share project costs. No more than 2 years should 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 for a project to be completed in 18 months or less. WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 206 projects are shared between the federal government (65%) and a non-federal sponsor (35%) in accordance with the Water Resources Development Act of Sponsors include public agencies such as cities, local improvement districts, and watershed groups, private interests if no future operation and maintenance is required, and large national non-profit organizations if they can commit to future operation and maintenance. The sponsor generally must agree to the following: 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 the cost 35 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 States or its contractors;

61 Provide all access routes and relocations of utilities necessary for project construction and subsequent operation and maintenance; Comply with provisions of pertinent federal acts in carrying out the specified nonfederal responsibilities 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 with regulations prescribed by the Secretary of the Army; HOW CAN A STUDY BE REQUESTED? We may begin a Section 206 study after we receive a written request from the prospective sponsor. A sample letter is offered below. District Engineer U.S. Army Corps of Engineers, New York District ATTN: Planning Division 26 Federal Plaza, 21 st Floor New York, NY Dear Sir: This letter is to request the U.S. Army Corps of Engineers to conduct a study under Section 206 of the Water Resources Development Act of 1996 to determine the feasibility of an aquatic ecosystem restoration project at (location). (Briefly describe the nature of the aquatic ecosystem restoration and any issues that might affect the acceptability of any recommended solutions, from the perspective of local government 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 the local cooperation and cost sharing prescribed by the Secretary of the Army. Sincerely, (Name and title of public official authorized to request study) For more information, contact Mr. Dan Falt, Continuing Authorities Program Manager, at (917) or daniel.t.falt@usace.army.mil.

62 SECTION 1135 Authority for: PROJECT MODIFICATIONS TO IMPROVE THE ENVIRONMENT WHAT CAN THE CORPS DO? Section 1135 of the Water Resources Development Act of 1986, as amended, provides the authority to modify existing Corps projects to restore the environment and construct new projects to restore areas degraded by Corps projects. A project is accepted for construction after a detailed investigation shows it is technically feasible, environmentally acceptable, and provides cost effective environmental benefits. Each project must be complete within itself, not a part of a larger project. The maximum federal expenditure per project is $5 million, which includes both planning and construction costs. Projects exceeding $5 million must be specifically authorized by Congress. Project costs are shared 75% federal, 25% non-federal. Costs of lands, easements, and rights-of way are non-federal and are creditable towards the 25% non-federal cost share. Section 1135 also allows credit for certain works in-kind, including design work, provision of materials, and construction activities. Contributions, such as volunteer labor, can also be accepted 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 environmental restoration in areas that require modification to the hydrologic regime, in other words, areas of water, such as rivers, lakes, and wetlands. We evaluate projects that benefit the environment through restoring, improving, or protecting habitat for plants, fish and wildlife. After an eligible non-federal sponsor requests assistance, the Corps will conduct a preliminary study to determine if the problem may have a federal interest. If the Corps headquarters office approves this effort, a feasibility study begins at federal expense. In the feasibility 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 project cooperation agreement (PCA) is drawn up by which the federal government and the sponsor agree to share project costs. No more than 2 years should 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 for a project to be completed in 18 months or less. WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 1135 projects are shared between the federal government (75%) and a non-federal sponsor (25%) in accordance with the Water Resources Development Act of 1986, as amended. Sponsors include public agencies such as cities, local improvement districts, and watershed groups, private interests if no future operation and maintenance is required, and large national nonprofit organizations if they can commit to future operation and maintenance. The non-federal sponsor 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: