EXPLANATION OF COLUMNS FOR TABLE VII Column (1): Year Built is the original date that an item to be removed became a part of the bridge or the last known date that it was replaced. The items to be removed should be broken down to show as much detail as possible, particularly where there is a variation in the year built and/or the estimated service life. Column (2): Original cost shall be supported by records furnished by bridge owner. Engineering cost should be estimated if unknown. Column (3): Salvage-refer to § 277.8(b). Column (4): Actual capital cost is the original cost of the item to be removed minus the salvage value. Column (5): Estimated Service Life-refer to § 277.8(g). Column (6) & (7): Expired Service Life-refer to § 277.8(g). Column (8): Value of expired service life is the actual capital cost of the item to be removed multiplied by the percent of expired service life. PART 278-SEPARABLE RECREATION LANDS: COMPLETED LAKE PROJECTS Sec. 278.1 Purpose. 278.2 Applicability 278.3 Reference. 278.4 Definitions. 278.5 Background. 278.6 Guidance. 278.7 Report requirements and processing. 278.8 Study authroity. 278.9 Reallocation of joint costs. 278.10 Responsibilities. AUTHORITY: Section 4, Pub. L. 534, Flood Control Act of 1944, 22 December 1944, as amended. SOURCE: 42 FR 38569, July 29, 1977, unless otherwise noted. § 278.1 Purpose. This regulation provides guidance for consideration of the acquisition of land for the separable purpose of recreation at completed Corps of Engineers lake projects. § 278.2 Applicability This regulation is applicable to all OCE elements and all field operating agencies having Civil Works responsibilities. § 278.3 References. (a) Section 4, Public Law 534, Flood Control Act of 1944, 22 December 1944, as amended. (b) Public Law 89-72, Federal Project Recreation Act of 1965, 9 July 1965. (c) Public Law 91-190, National Environmental Policy Act of 1969, 1 January 1970. (d) Section 216, Public Law 91-611, Flood Control Act of 1970. (e) ER 1105-2-507, Preparation and Coordination of Environmental Statements. (f) ER 1110-2-1150, Post-authorization Studies. (g) ER 1120-2-400, Recreation Resources Planning. (h) 1120-2-404, Federal Participation in Recreational Development. (i) ER 1165-2-400, Recreational Planning, Development, and Management Policies. § 278.4 Definitions. Pertinent definitions include those given in Appendix II, ER 1165-2-400 and the following: (a) "Completed Project". For the purpose of this regulation, a project is considered to be completed when all initial project construction general funds have been expended. Appropriation of construction funds under the Code 710 Program are not included within this definition. (b) "Public Access." the assured free public ingress to and egress from the shores and waters of a Corps of Engineers lake project, including provision for the parking of automobiles and installation of public health and sanitary facilities. (c) "Separable Recreation Lands." Lands recommended for acquisition at Corps of Engineers projects for the specific purpose of recreation use and facility development that would not otherwise be acquired for the project. § 278.5 Background. (a) As described in paragraph 5, ER 1165-2-400, Section 4 of the Flood Control Act of 1944 authorized the Secretary of the Army, acting through the Chief of Engineers, to construct, maintain, operate and lease public park and recreation facilities at reservoir projects and to assure free public access to their waters. Subsequent legislation added to, modified and constrained this basic authority, but did not replace it. There continues to be no general authority for acquisition of lands for recreation. However, Public Law 89-72 provides for the inclusion of land acquisition for the purpose of recreation to be included in plans recommended for Congressional authorization, with cost-sharing as defined in the Act. Administrative policy selectively extended the application of Public Law 89-72 requirements for cost-sharing of recreation developments to authorized Corps lake projects. The cost-sharing policy was further extended at the beginning of FY 1974 to include any further development of recreation facilities at existing lake projects. The only exception to cost-sharing was the upgrading of sanitary facilities to meet State standards. (b) At the time of the 1944 Act and during the two decades that followed, the intent and practice was simple accommodation of the recreating public utilizing available project lands acquired for operational purposes. The policy has been to allow acquisition of land at lake projects to assure public access, including the provision of areas for parking of automobiles, boat launching ramps, and installation of public health and sanitary facilities. In the last 15 years, public recreational use of Corps lake projects has grown at an accelerating rate to the point where serious overuse and resource degradation occurs because of the lack of adequate recreational land and facilities. Responding to this need, Corps planning efforts are restudying completed lake projects with a view toward optimizing project recreation and fish and wildlife potential, as well as taking advantage of opportunities for environmental enhancement. Development of project potential must be in accordance with established law, Congressional authorization, and administrative policy. In this regard, a legal opinion by the OCE Chief Counsel has established that where recreation is not specifically authorized as a project purpose, the 1944 Act, as amended, does not authorize the Corps to acquire additional land at completed lake projects for the purpose of recreation without additional Congressional authorization. (c) Recommendations for acquisition of separable recreation land at completed Corps lake projects requires a proper reporting vehicle. Undue delays for needed project modifications have occurred as a consequence of improper reporting. This regulation clarifies appropriate reporting requirements for recommended land acquisition for completed projects. § 278.6 Guidance. (a) Planning for modification of completed Corps lake projects, to the extent compatible with other project purposes, shall be fully responsive to existing and projected demand for recreational use of project resources, including consideration of the need for acquisition of additional recreation lands consistent with the objectives of environmental quality. (b) Acquisition of separable recreation lands at completed lake projects, where recreation was not specifically authorized as a project purpose, requires Congressional authorization. 40-092 0-79--37 (c) To achieve the objectives of environmental quality and cost-sharing equity, proposals for the recreational development on project lands at completed projects shall be fully responsive to the intent of Public Law 89-72, and shall comply with the policies in ER 1120-2-404. (d) Once a project has been fully funded for completion of construction (see § 278.4(a)), additional recreational requirements, if any, would be funded at the appropriate time under the category "Recreation Facilities at Completed Projects" (Code 710 Program). § 278.7 Report requirements and processing. A thorough review of project authorization should be conducted prior to initiating a planning study to determine the proper report requirements, in accordance with paragraphs (a) and (b) of this section. In each case, an environmental assessment should be made to determine the need for an EIS or a supplement to the existing EIS in accordance with guidance furnished in ER 1105-2-507. In addition, reports requesting authority to acquire separable recreation lands will carefully document alternatives in the recreation market area, and shall be coordinated with the Bureau of Outdoor Recreation (BOR). (a) Completed Lake Projects-Recreation Not Specifically Authorized. Before lands may be acquired (directly or indirectly) by the Corps at completed lake projects for recreational purposes, the specific extent of such acquisition shall be set forth, along with required data necessary for justification, in a report to be submitted to Congress for authorization. A letter of intent to cost-share from a non-Federal sponsor is required. Standard procedures for developing and coordinating a survey type report will be followed in the preparation of a report to modify a project to include acquisition of lands for the separable purpose of recreation. This implies application of related regulations on public involvement, coordination with Federal, State and local agencies, environmental impact, cost allocation, etc. The scope of treatment for post-construction planning reports in this category should follow the outline of Appendix B, ER 1120-2-400, as appropriate. (b) Completed Lake Projects-Recreation Specifically Authorized. Where the Congressional authorization and referenced reports for a project clear includes recreation as a project purpose, recommendations for acquisition of separable recreation lands and facility development requires the Division Engineer's approval. Proposals for recreational development at completed lake projects in this category shall be submitted by a post-construction planning report to the Division Engineer for review and approval. Four copies of the approved post-construction planning report will be furnished to HQDA (DAEN-CWP-P) WASH DC 20314 for comment, in accordance with procedures given in paragraph 21(e), ER 1110-2-1150. As a minimum, information should be presented on project purposes, authority, resource use objectives, demand, recreation attendance, planned development (include conceptual plan drawing), relation to the approved Master Plan, justification (include benefits), extent of land acquisition, cost estimates, alternatives, land use designation and environmental impacts. This information should be in sufficient depth and detail to permit adequate review of and support for recommendations made. Based upon approval of the post-construction planning report, a Estate Design Memorandum (REDM) is required for review and approval by HQDA (DAEN-REA) WASH DC 20314, before land can be acquired. Cost-sharing contract submission will follow the requirements of the Code 710 program. Real § 278.9 Reallocation of joint costs. Agreements for cost-sharing recreational development at completed lake projects shall not serve as a basis for reallocation of project joint costs. § 278.10 Responsibilities. This regulation is effective immediately and review of on-going studies for determination of the proper report vehicle and procedure, consistent with the guidance contained herein, will be the responsibility of the reporting officer. Report needs should be developed and evaluated jointly by personnel from the planning, engineering, real estate, and operation elements. In those cases where some doubt arises as to proper report requirements, guidance from HQDA (DAEN-CWP-E, C or W) WASH DC 20314 should be sought before completion of planning studies. PART 279-RESOURCE USE: ESTABLISHMENT OF OBJECTIVES Sec. 279.1 Purpose. 279.2 Applicability. 279.3 References. 279.4 Definitions. 279.5 Policy. 279.6 Overview of objective setting process. 279.7 Information collection and prelimi nary analysis. 279.8 Synthesis and analysis. 279.9 Objective rationale. 279.10 Implementation. 279.11 Responsibilities. Appendix A-Sample Resource use objectives. AUTHORITY: Pub. L. 89-72, "Federal Water Project Recreation Act," July 9, 1965 (79 Stat. 213 et seq.). SOURCE: 43 FR 14014, April 4, 1978, unless otherwise noted. § 279.1 Purpose. This regulation provides policy and guidance for establishing resource use objectives for all Civil Works water resource projects during Phase I/Phase II post-authorization studies and reevaluation of completed projects. § 279.2 Applicability. This regulation is applicable to all OCE elements and all field operating agencies having Civil Works responsibilities. § 279.3 References. (a) Pub. L. 89-72, "Federal Water Project Recreation Act," July 9, 1965 (79 Stat. 213 et seq.). (b) ER 1105-2-200, Multiobjective Planning Framework (33 CFR Part 290). § 279.4 Definitions. For the purposes of this regulation: (a) "Resource Use Objectives" are clearly written statements, specific to a given project, which specify the attainable options for resource use as determined from study and analysis of resource capabilities and public needs (opportunities and problems). (b) "Natural resources" are those elements, features, conditions, etc., of land and water that can be characterized as physiographic, biological and/ or aesthetic. (c) "Public benefits" are the tangible and intangible gains to society directly attributable to a water resource project that satisfy the expressed or observed needs of the public (i.e., individuals, groups, organizations and local, county, state and federal governmental agencies). (d) "Boundary plans" are Division/ District wide maps clearly delineating the limits of each regional recreation market area for one or more Civil Works water resource projects. § 279.5 Policy. (a) It is the policy of the Chief of Engineers that all water resource projects administered by the Corps will have established a set of resource use objectives. These objectives will be based upon the expressed preferences of the residents of the region served (social option) and will be in keeping with the capabilities of the natural and man-made resources of the specific project (resource option). A regional analysis is required to tailor each project to serve expressed preferences within its resource capabilities and consistent with Federal laws and ad |