USACE Policy Guidance on Contributed Funds and Section 408
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1 USACE Policy Guidance on Contributed Funds and Section 408 Jessica Burton Evans Navigation Program Manager Presentation to California Marine Affairs & Navigation Conference (CMANC) 16 January 2014 Redondo Beach, CA US Army Corps of Engineers As BUILDING of 13 Jan 14 STRONG BUILDING STRONG 1 BUILDING STRONG FROM NEW MEXICO ALL THE WAY TO THE PACIFIC!
2 Navigation Mission To provide safe, reliable, and efficient waterborne transportation systems (channels, harbors, and waterways) for the movement of commerce, national security needs and recreation. BUILDING STRONG 2
3 Navigation Mission 13,000 miles of Coastal Navigation Channels 12,000 miles of Inland Navigation Channels 926 Harbors BUILDING STRONG 3
4 BUILDING STRONG 4
5 The Color of Your Money Accelerated Funds Non-Federal Sponsor provides funds early, within total cost-share amount. Credit given only if additional federal funds are provided. Advanced Funds Non-Federal funds provided as an advance of the federal share or in the absence of federal funding Potential for repayment or credit BUILDING STRONG 5
6 The Color of Your Money Contributed Funds Non-federal funds provided in excess of required cost-share amount No repayment or credit BUILDING STRONG 6
7 Contributed Funds Section 111 of the FY 2012 Energy & Water Appropriation Acts amended, 33 USC 701(h). Guidance issued in April 12, 2012 memo. Funds are voluntarily provided above statutory requirements No repayment, but will refund unobligated contributed funds Congressional Notification required Can be accepted for planning, design, construction and O&M 7 BUILDING STRONG 7
8 Contributed Funds Flowchart (1) Sponsor and District info exchange; initiate process (2) MSC Notice (6) Notice to ASA/HQ, MSC/District/Sponsor (7) Use Model Agreement? Y/N (3) HQ RIT & Programs Review /Coordination (4) ASA(CW)/OMB Yes (8) MSC Commander Approve No (8) MSC, HQ RIT to Director Civil Works Approval (5) Congressional Committee House and Senate Notification/ Acknowledgement (9) District accepts funds and begins work BUILDING STRONG 8
9 Model Agreements Model MOAs that are currently available: 1. No federal funds available 2. Federal funds are available ks/projectpartneshipagreements.aspx 9 BUILDING STRONG 9
10 Contributed Funds Flowchart (1) Sponsor and District info exchange; initiate process (2) MSC Notice (6) Notice to ASA/HQ, MSC/District/Sponsor (7) Use Model Agreement? Y/N (3) HQ RIT & Programs Review /Coordination (4) ASA(CW)/OMB Yes (8) MSC Commander Approve No (8) MSC, HQ RIT to Director Civil Works Approval (5) Congressional Committee House and Senate Notification/ Acknowledgement (9) District accepts funds and begins work BUILDING STRONG 10
11 Contributed Funds Flowchart (1) Sponsor and District info exchange; initiate process (6) Notice to ASA/HQ, MSC/District/Sponsor (2) MSC Notice (3) HQ RIT & Programs Review /Coordination (4) ASA(CW)/OMB (7) Use Model Agreement? Y/N 6 to 12+ Months Yes (8) MSC Commander Approve No (8) MSC, HQ RIT to Director Civil Works Approval (5) Congressional Committee House and Senate Notification/ Acknowledgement (9) District accepts funds and begins work BUILDING STRONG 11
12 BUILDING STRONG 12
13 MODIFICATION OF US ARMY CORPS OF ENGINEERS PROJECTS PURSUANT TO 33 USC 408 BUILDING STRONG 13
14 SECTION 408 PERMITS BUILDING STRONG 14
15 Section 408 Permits Modifications that go beyond the normal O&M Includes modifications to channels, structures, or placement sites Can be associated with Section 404/10 permit actions. Examples: utility crossing, dock/wharf that would otherwise encroach on the federal project, sediment traps, advanced maintenance BUILDING STRONG 15
16 Requesting a 408 Permit 1. A written request by the non-federal interests for approval of the project modification/alteration. 2. A physical &functional description of the existing project. 3. A detailed description of the proposed modification. 4. The purpose/need for the modification. 5. A description of any related, ongoing Corps studies/efforts in the watershed. 6. A Public Interest Determination. 7. Appropriate NEPA documentation. 8. Any Administrative Record. 9. A discussion of indirect effects. 10. A discussion of E.O Considerations. 11. Technical Analysis. Step 1 Talk to your local USACE District BUILDING STRONG 16
17 Questions? Jessica Burton Evans Navigation Program Manager (415) BUILDING STRONG 17
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