DR9604-SP 960901US Army Corps
of Engineers
Fort Worth District
Small
Flood Control
Projects
Corps of Engineers
Assistance
Under Section 205
Flood Control Act
of 1948 (as amended)
Corps of Engineers
Program for Construction of
Small Flood Control
Projects Under Section 205
of the 1948 Flood Control Act
Background
Section 205 of the 1948 Flood Control Act, as
amended by subsequent legislation, provides
authority to the Corps of Engineers to
construct small flood control projects that
have not already been specifically authorized
by Congress. Each project must be complete
within itself, that is, not just a part or feature of
a larger project, and it must be economically
justified. In addition, each project is limited to
a Federal cost of not more than $5 million.
This Federal cost limitation includes all project
related costs for studies, design, preparation
of plans and specifications, supervision and
administration, and construction.
Project Scope
A project planned and constructed under
Section 205 is designed to provide the same
complete, project and same adequate degree
of protection as would be provided by projects
specifically authorized by Congress. Flood
control projects under Section 205 are not
limited to any particular type of improvement.
.There are two general categories of projects:
structural and nonstructural. Structural
projects may include levees, flood walls,
diversion channels, pumping plants and bridge
modifications. Nonstructural alternatives have
little or no effect on water surface elevations
and would include such measures as flood
proofing, relocation of structures and flood
warning systems.
How to Obtain Assistam. ~ Under
Section 205
To obtain assistance, a written request to the
District Engineer must be submitted by a local
sponsor (see sample, letter). Upon receipt of a
formal request, the District Engineer will take
the necessary steps to initiate a study.
Determining Federal Interest and
Project Eeasibility
A project is adopted for construction under
the Section 205 authority only after detailed
investigation clearly shows the engineering
feasibility, environmental acceptability and
economic justification of the project.
The study itself is conducted in two phases.
The reconnaissance phase is conducted at
100 p.ercent Federal expense and consists of
all work required to determine whether there is
a Federal interest in further planning. The
feasibility phase consists of all further plan-
ning activities required to reach a conclusion
on Federal participation in project construc-
tion. The cost of the feasibility phase is split
equally between the Corps and the local
sponsor and is supported by a study cost
sharing agreement between these participants.
Up to one-half of the local sponsor's share can
be provided by in-kind study services.
If the feasibility phase studies appear to
support Federal participation in the project,
then the Corps of Engineers will prepare a
Definite Project Report. The decision to
'approve and construct a project under Section
205 is based upon information contained in
this detailed report. The studies for the report
will evaluate alternatives, select one, and
develop project design data. The report will
have Sufficient detail to assure that the con-
templated project will meet functional
requirement~ ,~nd conform with sound princi-
ples of engineering design, economic justifica-
tion, and environmental acceptability. Protec-
tion of the environment, depending on the
significance of project impacts, is documented
through either an environmental assessment
(EA) or environmental impact statement (ELS).
T~~~,~ including preparation,
review, and approval of the Definite Project
Report and EA or El~:~e~'
~1~'~ ~'eem~. Toward the end of'
the study, the District will prepare, with the
local sponsor, a draft Local Cooperation
Agreement (LCA) which defines the obliga-
tions of the Federal government and the local
sponsor in construction, maintenance and
cost sharing of the project.
Upon approval of the Definite Project Report,
related EA/EIS, and draft LCA by the Fort Worth
District and its higher authority Division office,
the documents are forwarded to Office, Chief
of Engineers (OCE) for approval. OCE verifies
the analyses, reviews the draft LCA, considers
all comments received concerning the pro-
posed project, and, if acceptable on all counts,
approves funding for the District to develop
plans and specifications for the project.
When plans and specifications for the project
are sufficiently complete, the District requests
final project approval and construction fund-
ing from OCE. After the Assistant Secretary of
the Army for Civil Works has agreed to include
the project in the Civil Works construction
program, the LCA is signed by the local spon-
sot and the District Engineer, and construction
· ' funding can then be provided.
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Cost Sharing
In accordance with the Water Resources
Development Act of 1986 (Public Law 99-662),
costs for a flood control project are shared
between the Federal Government and a non-
Federal government unit (the local sponsor),
such as a city, county, state or flood control
district. The two general-categories of pro-
jects, structural and nonstructural, have differ-
ent cost sh.aring requirements.
For structural projects, the local sponsor is
required to:
1. Pay in cash during construction, 5 percent
of the cost for flood control.
Provide all lands, easements, rights-of-
way, relocations and dredged material dis-
POsal areas.
Provide any added contribution needed to
make the local sponsor's share of the flood
control cost at least 25 percent.
The maximum contribution the local sponsor
can make toward the project is limited to 50
percent of the cost for flood control.
For nonstructural projects, the local sponsor is
required to:
Provide all lands, easements, rights-of-
way, relocations and dredged material dis-
posal areas.
2. Provide any added contribution to make
the local sponsor's share of flood control
cost equal to 25 percent.
The maximum contributior~ the local sponsor
can make toward the project is limited to 25
percent of the cost for flood control.
For both structural and nonstructural meas-
ures the local sponsor must agree to provide
for project operation, maintenance, and
rehabilitation.
Local Cooperation
Formal assurances 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 local cooperation which local spon-
sors must furnish include:
Hold and save the United States free from
damages due to the construction, opera-
tion, and maintenance of the project
except where such damages are due to the
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).
Prescribe and enforce regulations to pre-
vent obstruction or encroachments on
channels and interior ponding areas which
would reduce their flood-carrying capacity
or hinder maintenance and operation, and
.control development in the project areas to
prevent undue increase in the flood dam-
age potential.
At least annually inform affected interests
regarding the limitations of the protection
afforded by the project.
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Publicize flood plain inform..~,on in the
areas concerned and provide this informa-
tion to zoning and other regulatory agen-
cies for their guidance and leadership in
preventing unwise future development in
the flood plain; also, to aid them in adopt-
ing regulations that will insure compatibil-
ity between future development and pro-
tection levels provided by the project.
In carrying out the specified non-Federal
respon§ibilities for the project, comply with
the provisions of the "Uniform Relocation
Assistance and Real Property Acquisition
Policies Act of 1970," Public Law 91-646;
Section 601 of Title VI of the Civil Rights
Act of 1964, Public Law 88-352; and
Section 221 of the Flood Control Act of
1970, Public Law 91-611, as amended.
Sample L~.'~.er
Colonel John A. Mills, District Engineer
U.S. Army Engineer District, Fort Worth
P.O. Box 17300
Fort Worth, Texas 76102-0300
Dear Colonel Mills:
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
(name of river or creek) in the vicinity of (city
or town, county, state).
(Briefly describe your perception of the
nature and severity of the flooding 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.)
Your consideration of the request would be
appreciated. Please contact (name, address,
telephone) for further coordination.
Sincerely,
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