Section 1135 - Project Modifications for Improvements to the Environment

Purpose Authority Feasibility Cost Share
Fed/Non-Fed
Implementation Cost Share Fed/Non-Fed Federal
Project Limit
Project Modifications for Improvements to the Environment Section 1135, 1986 Water Resources Development Act, as amended 100%/0% for initial $100,000; 50%/50% remaining costs 75%/25% $10,000,000

 

 

 

 


Authority and Scope: Section 1135 of the Water Resources Development Act of 1986, as amended, authorizes the U.S. Army Corps of Engineers to make modifications to operations or structures of civil works projects previously constructed by USACE, for the purpose of improving the quality of the environment. In most cases, it must be demonstrated that the operation or construction of a civil works project has degraded the quality of the environment. The primary objective of Section 1135 is to modify existing USACE projects to restore ecosystem habitats. Each project is limited to a Federal cost of $10.0 million and requires cost sharing from an authorized non-Federal sponsor (see below).

Project Phases and Funding: Section 1135 projects start with the Feasibility Phase. Initially the feasibility phase is funded 100% Federally and up to a limit of $100,000. Feasibility phase costs above $100,000 are cost-shared 50% Federal and 50% non-Federal. After approval of the feasibility report, the project enters the Design and Implementation Phase. Costs of the Design and Implementation Phse are shared 75% Federal and 25% non-Federal with the non-Federal sponsor given credit for lands, easements, rights-of-way and relocations and some other costs. Operation, maintenance, repair, rehabilitation and replacement of the project in the future is at 100% non-Federal costs.

Non-Federal Responsibilities: Formal assurance of local cooperation must be furnished by a local sponsoring agency. The local sponsor must be a public agency or a non-profit environmental organization. Private interests may also qualify if there is no requirement for future operation and maintenance of the project modification. The sponsoring agency must normally agree to:

   a.  Provide without cost to the United States all necessary lands, easements, rights-of-way, access routes and relocation of utilities necessary for project construction and subsequent operation and maintenance of the project. Costs associated with these items may be creditable towards the non-Federal cash contribution for the project.
   b.  Provide 25% of the total design and implementation costs. All costs associated with the operation, maintenancce, repair, rehabilitation and replacement of the project modification will be the responsibility of the non-Federal sponsor.
   c.  Maintain and operate the project after completion without cost to the United States.

How to Request Assistance: A study of a prospective Section 1135 will be initiated after receipt of a written request (see sample below), from an authorized sponsoring agency (see non-Federal Responsibilities above), and provided Federal funds are available. For more information call (912) 652-5781.

Download Letter of Intent (Microsoft Word Format)

 
Letter of Intent for Section 1135 Environmental Restoration

 

 

Mr. Steve Fischer

U.S. Army Corps of Engineers – Savannah District

100 W. Oglethorpe Avenue

Savannah, GA 31401

 

Dear Sir:

This letter is to seek the assistance of the U.S. Army Corps of Engineers under (Reference the authority under which assistance is requested and identify the type and location of the problem.)

(Briefly describe your perception of the nature and severity of the problem.)

(Briefly describe the known issues which would affect the acceptability of any recommended solutions, from the perspective of municipal and local governments, and/or the public.)

We are aware as local sponsor that we will assume costs for lands, easements, right-of-way, relocations and disposal areas (LERRD) and/or assume costs to demonstrate ownership of such.  We also will assume responsibility for any operation and maintenance of the project. Your consideration of this request will be appreciated.  Please contact (name, address, telephone, etc.) for further coordination.

 

Sincerely,

AGENCY OFFICIAL