DR9604-SP 960902US Army Corps
of Engineers
Fort Worth District
Emergency Streambank
and Shoreline Protection
Projects
Corps of Engineers
Assistance
Under Section 14
Flood Control Act
of 1946 (as amended)
Corps of Engineers
Program for Emergency
Streambank and Shoreline
Protection Projects
Under Section 14 of
the 1946 Flood Control Act.
Background
Section 14 of the 1946 Flood Control Act,
as amended by subsequent legislation,
provides authority to the Corps of
Engineers to develop and construct
emergency streambank and shoreline
protection projects to protect endangered
highways, highway bridge approaches,
public works facilities such as water and
sewer lines, churches, public and private
nonprofit schools and hospitals, and other
nonprofit public facilities: Federal costs are
limited to not more than Sb-00,000 in one
locality during any fiscal year.
Project Scope
A project planned and funded under
Section 14 will provide construction, repair,
~restoration, or modification of emergency
streambank or shoreline protection works.
Each project must constitute a complete
solution to the problem involved and not
commit the Federal Government to
additional improvements to ensure effective
-operation. '
How to Obtain Assistance Under
Section 14
A written request for assistance must be
submitted to the District Engineer by a local
sponsor (see sample letter). Upon receipt
of a request, the District Engineer will take
the necessary steps to initiate a study.
Determining Federal Interest and
Project Feasibility
A project is adopted for construction under
Section 14 authority only after investigation
clearly shows the engineering feasibility,
environmental acceptability, and economic
justification for the project.,-, ^
study is conducted at 100 p~,-cer, t F6dsrc,',
~ and consists of all work required
to determine whether there is Federal
interest in further participation in project
construction.
The ~ will evaluate
alternatives, select one, and develop
project design data. The report will have
sufficient detail to assure the contemplated
project will meet functional requirements,
conform with sound principles of
engineering design, be economically
justified, and be environmentally
acceptable. The impact of the project on
the environment will be documented in an
Environmental Assessment (F_A).
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Preparation of the f~ and the
EA generally requires 4-te-4-mor~hs. The
decision to approve and construct a
project under Section 14 is based on
information contained in the fea~
relae~-. During the study period the District
will prepare, with the loCal sponsor, a draft
Local Cooperation Agreement (LCA) which
defines the obligations of the Federal
Government and the local sponsor in the
construction, maintenance, and cost
sharing of the project.
Upon approval of the fccc!b!~[~; r~ort.. EA
and draft LCA by the Fort Worth Districl;~,,
US Arm,,, Corps cf,_.'-""~""'~'°.u.. ,-,,-. -- (HQU~%ACE)
for_aPlareval. HQUSACE verifies the
analyses, reviews the draft LCA, considers
all comments received concerning the
proposed project, and, if acceptable on all
counts, approves funding for the District to
develop plans and specifications for the
project._ p~' o¢
When'~ans and.specifications for the
project are sufficiently complete, the District
requests final project approval and
construction funding from H~. After
the ^"";"+"-' 3ecratsr~' of the ..... for "'" ~''
J~,l I I ly VlVll
VCc~ has agreed to include the project in
the Civil Works construction program, the
,L,CA is signed by the local sponsor and the
· District Engineer. Construction funding can
then be provided.
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Cost Sharing
Costs for emergency steambank and
shoreline protection projects are shared
between the Federal Government and a
non-Federal Government unit, the local
sponsor, in accordance with the Water
Resources Development Act of 1986
(Public Law .99-662). The local sponsor
(such as a city, county, or State) must be
empowered under State law to provide'
local cooperation.
The local sponsor is required to:
a. contribute a minimum of 5 percent of
the total project cost in cash;
b. provide all lands, easements,
rights-of-way, and relocations;
c. provide any additional cash
contributions needed to make the local
sponsor's share of the project costs 25
percent; and
d. assume the full responsibility for all
project costs above the Federal
Government cost limit of $500,000.
Local Cooperation
Formal assurance of local cooperation
must be furnished to the Corps of
Engineers by the local sponsor. The local
sponsor must be fully authorized under
State laws to give such assurances and
financially capable of fulfilling all items of
local cooperation. Examples of items of
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local cooperation which local sponsors
must furnish include:
ae
hold and save the United States free
from claims for damages which may
result from construction and
subsequent maintenance of the project,
except damages due to fault or
negligence of the United States or its
contractors;
b. provide all access routes and
relocations of utilities necessary for
project construction and subsequent
operation and maintenance;
c. assure maintenance and repair of the
works during the useful life of the
project; and
d. comply with the provisions of the
"Uniform Relocation Assistance and
Real Property Acquisition Policies Act of
1970," Public Law 91-646,as amended;
Section 601 of Title VI of the Civil Rights
Act of 1964," Public Law 88-352;
Department of Defense Directive
5500.11 issued pursuant to and
published in Part 300 of Title 32, Code
of Federal Regulations; as well as Army
Regulation 600-7, "Nondiscrimination on
the Basis of Handicap in Programs and
Activities Assisted or Conducted by the
Department of the Army," in carrying
out the specified non-Federal
"" responsibilities of the project.
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