(CAP) Continuing Authority Program back to planing services
 

Small Navigation Projects

Section 107

Sample Letter of Intent for Small Navigation Projects 107


Section 107 of the River and Harbor Act of 1960 provides authority for the Corps of Engineers to improve navigation including dredging of channels, anchorage areas, and turning basins and construction of breakwaters, jetties and groins, through a partnership with non-Federal government sponsor such as cities, counties, special chartered authorities (such as port authorities), or units of state government.  The maximum Federal cost for project development and construction of any one project is $4,000,000 and each project must be economically justified, environmentally sound, and technically feasible.

The Corps does not participate in the cost of dredging berthing areas, slip space, access to individual private docks, or the construction of piers, ramps and other shore facilities.  The Sponsoring community must agree to construct and maintain at local cost a public landing sufficient to serve the type and number of commercial boats for which the Federal project is designed. 

Project Process and Local Costs.  Projects are undertaken on a cost-shared basis. The first step in the process is completion of an initial appraisal that determines if there is Federal interest in participating in feasibility study to identify a solution to the problems and needs of the sponsor and waterway in question.  That initial appraisal is primarily an economic evaluation that results in a preliminary estimate of potential project costs and benefits and provides a decision-making tool for the Corps and Town to determine if they want to share in the cost of a feasibility study.   If a Federal interest is identified, then the Corps and the Sponsor would enter into an agreement to share the cost of a feasibility study.  The feasibility study must be cost-shared 50/50 between the Town and the Corps, except for the first $100,000 in study costs which is funded 100% Federal.  The feasibility study would examine alternatives for the problems and needs and determine the best solution consistent with Federal policy.  Section 107 Continuing Authority studies for small navigation projects are generally completed within 3 years of initiation.  The solution must pass three criteria: economic feasibility, environmental impacts, and it must have a local partnership.  The steps in the process are:

a. Feasibility Study. The Corps will conduct a Feasibility Study, which is 100% federally funded up to $100,000. Costs over the $100,000 are cost shared with the non-federal sponsor on a 50/50 basis (up to one-half of the non-federal share can be in the form of in-kind services). An initial assessment early in the Feasibility Study will determine if Section 107 authority appears applicable and provides a basis for determining scope and cost of an entire Feasibility Study.

b. Preparation of Plans and Specifications. Detailed design and preparation of plans and specifications are treated as part of total project costs for purposes of cost sharing and the non-federal cost share for these activities is collected with the construction cost share.

c. Non-Federal Share of Construction. The non-federal share for navigation projects with a design depth of 20 feet or less 10% up-front during construction cost and 10% after construction over a period of up to 30-years.  For design depths of 20 to 45 feet the up-front share increases to 25%, and over 45 feet to 50%.    

d.  Future Project Maintenance. The Corps will be responsible for future project maintenance upon completion for project depths of 45 feet or less.    

Study Cost 

A feasibility study is conducted which is 100% federally funded up to $100,000.

Costs over the $100,000 are cost shared with the nonfederal partner on a 50/50 basis.  

Project Cost

Non-Federal cost is 10% up-front during construction and 10% over a 30-year period for harbors with a design depth of 20 feet or less.  For design depths of 20 to 45 feet the up-front share increases to 25%, and over 45 feet to 50%.    


How to Request Assistance.  Requests for assistance should be in the form of a Letter submitted from a state or local government agency to U.S. Army Corps of Engineers, New England District, at the address shown below.  After receipt of a written request, the New England District will contact the applicant by telephone and discuss particulars of the problem and of continuing the process.  For more information on our navigation improvement program, please call Mr. Mark Habel at
 (978) 318-8871.

Sample Letter of Request for a Section 107 Small Navigation Project Study

(LETTERHEAD OF LOCAL SPONSOR)

(CURRENT DATE)

Mr. John Kennelly

Chief, Planning Branch

New England District                                                                               
U. S. Army Corps of Engineers
696 Virginia Road
Concord, Massachusetts  01742-2751

To Whom It May Concern:

The (city of, town of, county of) requests that the Corps of Engineers conduct a study of (harbor/river, town, state) under the authority of Section 107 of the River and Harbor Act of 1960, as amended, to determine if improvements for commercial navigation are feasible. 

 

The letter should briefly layout the nature of and case for the desired improvements – example: increased channel and anchorage depth for the commercial fishing fleet.  There is no need to go into detail in the initial request for assistance – specific information will be developed during the initial appraisal. 

 Signed by Chief Executive Officer or Body (Town or City Manager, Mayor or Board of Selectmen)
 for the Sponsoring Government Entity