Flood Control Act of 1960
Authorizes Construction of Small River and Harbor Improvement Projects
First $100,000 = 100% Federal
Over $100,000 = 50% Federal & 50% non-Federal
Non-Federal Pay 10% of the Costs During Construction & 10% Cash Over a 30 Year Period
Maximum Federal Costs of $4,000,000
Section 107 of the River and Harbor Act of 1960, as amended, provides authority for the Chief of Engineers to develop and construct small navigation projects that have not already been specifically authorized by Congress. A project is adopted for construction under Section 107 only after detailed investigation clearly demonstrates its engineering feasibility and economic justification. Each project selected must be complete within itself and is limited to a Federal cost of not more than $4,000,000. This Federal cost limitation includes all project-related costs and specifications, supervision and administration, and construction operations.
A project planned and constructed under Section 107 is designed to provide the same complete navigation project that would be provided for the locality under specific Congressional authorization procedures. An increment or portion of a larger overall project is not eligible for construction under this legislation. Accomplishment of a Section 107 project completes the Federal participation in the navigation improvement.
Division of Work Responsibility:
The Federal project can provide only for construction and maintenance of general navigation facilities, which may include a safe entrance channel; protected anchorage basin; protected turning basin; and a major access channel leading to the anchorage basin or locally provided berthing area. Docks, landings, piers, berthing areas, boat stalls, slips, 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. Local interests must provide all lands, easements, rights-of-way, material disposal areas, utility alterations, as well as all servicing facilities, including policing and other services. Local interests must also assure availability of public landing or wharf.
Recreation Project Cost Sharing:
In addition to the local responsibilities specified above, the present basis for cost sharing in recreational navigation projects provides that non-Federal cost participation will be one-half of the first costs of general navigation facilities serving recreational traffic.
Formal assurances of local cooperation similar to those required for regularly authorized projects must be furnished by the local sponsoring agency. The local sponsor must be a municipality or public agency fully authorized under State laws to give such assurances and financially capable of fulfilling all measures of local cooperation. The sponsoring agency must agree to:
- Provide the Federal Government lands, easements, and rights-of-way, including dredged material disposal areas with any necessary retaining dikes, bulkheads, and embankments therefor, and perform the necessary relocations required for construction, operation, and maintenance of the project.
- Hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors.
- Provide to the Federal Government the non-Federal share of all other costs of construction of the project.
- Perform, or contribute the cost of performance of, that part of the operation and maintenance of the project allocable to recreation.
- Provide, maintain, and operate without cost to the United States an adequate public landing or wharf with provisions for the sale of motor fuel, lubrication, and potable water open and available to the use of all on equal terms.
- 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. The actual scope or extent of facilities and services provided over and above the required minimum is a matter for local decision. The manner of financing such facilities and services is a local determination.)
- Assure uniform and equitable treatment of persons displaced from their homes, businesses, or farms by Federally assisted programs as set out in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat. 1894.
- Comply with the provisions of Section 601 of Title VI of the Civil Rights Act of 1964 (P.L. 88-325).
- Provide, during the period of construction, 10 percent of the cost of construction of the project (Projects having a depth greater than 20 feet will be subject to additional contributions). The non-Federal interests shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 20 years, at an interest rate determined by the Secretary of the Treasury. The value of lands, easements, rights-of-way, relocations and dredged material disposal areas shall be credited towards the payment required for the additional 10 percent.
Feasibility studies are Federally funded up to $100,000. Study costs in excess of $100,000 will be shared 50/50 with a non-Federal study sponsor. There is no cost sharing for studies costing less than $100,000.
How to Request a Project Under Section 107:
An investigation of the problem will be initiated after receipt of a formal request from a prospective sponsoring agency and after approval and funding of the required study has been received form Corps higher authority. Inquiries concerning this, or other problems in the area, should be made directly to the District Engineer.