Harbors Module NH1: Authorities and Policies

NH1 - 2 BU ILDING STRONG SM Student Learning Objectives Student will be able to:  Describe the Federal /Corps role in navigation  Explain the concept of Navigation Servitude  Describe Corps navigation authorities and the non- Federal sponsor responsibilities  Apply the cost sharing for project implementation  Identify policies affecting navigation

NH1 - 3 BU ILDING STRONG SM Federal Involvement – Why?  The Federal Interest is established by the Constitution –Commerce Clause  Provides means of commercial transportation  Is part of national defense

NH1 - 4 BU ILDING STRONG SM Navigation Servitude  Gives public right to use water for navigation despite private ownership of the bed or bank  River and Harbor Act of 1899 authorized the Secretary of the Army to define harbor lines beyond which no obstructions could be placed without a permit

NH1 - 5 BU ILDING STRONG SM Corps Involvement – So How Did the Corps Get Involved? Gallatin’s 1808 report to Congress on waterways, canals and roads Congressionally directed in 1824 to remove snags from Ohio & Mississippi Rivers

NH1 - 6 BU ILDING STRONG SM What is the Deep-Draft Navigation System? Major ports with congressionally authorized channels.

NH1 - 7 BU ILDING STRONG SM What is the Deep-Draft Navigation System?  Channels – provide depth & width  Protective works – wave action and shoaling reduction  Anchorages and Turning Basins  Locks – Exception rather than rule for Deep-Draft  Local Service Facilities  Dredged Material Disposal Sites

NH1 - 8 BU ILDING STRONG SM Corps Responsibilities General navigation features  Channels  Jetties  Breakwaters  Locks  Disposal Sites Crescent City Harbor, CA

NH1 - 9 BU ILDING STRONG SM Federal Project Features not Included as Corps Responsibility Coast Guard is responsible for Aids to Navigation  Buoys  Lights  Other Channel Markers

NH BU ILDING STRONG SM Non-Federal Responsibilities  Will cost share in the construction of General Navigation Features  Will cost share Operation and Maintenance  Local Service Facilities  LERR

NH BU ILDING STRONG SM Cost Sharing - Construction Local Sponsor Share of Construction, in percent *The second number, 10%, is the amount of total cost of general navigation features that the local sponsor must pay over a period not to exceed 30 years. This amount may be offset by the value of LERR. **Further clarification: If the project only involves widening, the cost share is the same as the existing project. However, if there have not been any improvements, the widening is assessed at the naturally controlling depth and entrance channels are governed by the deepest protected interior channel depth.

NH BU ILDING STRONG SM Cost Sharing – Operations and Maintenance Local Sponsor Share of O&M in percent

NH BU ILDING STRONG SM Local Service Facilities  Docks  Terminal and transfer facilities  Berthing areas  Local access channels  Must be accessible and available to all on equal terms

NH BU ILDING STRONG SM Lands, Easements, Right of Way, and Relocations (LERR)  Value of LERR can be used to offset the additional 10% cost of GNF  Relocations – permitted public or private utilities  Removals – Taken out as a result of navigation servitude

NH BU ILDING STRONG SM Policies Affecting Navigation  Shoreline changes  Beneficial uses of dredged material  Access channels  Single owner  Progressive development

NH BU ILDING STRONG SM Policies - Shoreline Changes  Analyze affect of project on shoreline  Minimum of 10 miles on either side

NH BU ILDING STRONG SM Policies - Beneficial Uses of Dredged Material  Land creation  Beach nourishment  Mitigation/restoration

NH BU ILDING STRONG SM Beneficial Uses - Beach Nourishment  Authorized by Section 204 of WRDA 1992 and Section 207 of WRDA 1996  Eligibility for Federal cost-sharing  The State requests and the Secretary of the Army considers it in the public interest  Hurricane and storm damage benefits will justify the additional expense  The beach is open to public use

NH BU ILDING STRONG SM Beneficial Uses - Restoration/Mitigation  Creation of wetlands is most common  Creation of shallow water habitat or nesting islands  Ecosystem restoration can be accomplished in the context of a multi-purpose project

NH BU ILDING STRONG SM Policies - Access Channels Number of facilities served must be:  Two or more with separate owners or  Under public ownership

NH BU ILDING STRONG SM Single Owner Situations and General Versus Special Interest Considerations  Determination of general interest is required for WRDA 86 cost sharing  Determination of general interest requires consideration of number and type of properties served  Two or more facilities  Multiple users of a single facility who have formed a non-profit cooperative  Public facility

NH BU ILDING STRONG SM Policies - Progressive Development  Progressive development includes situations where the last small increment of a channel serves a non-public owner.  This is treated as a multiple-owner situation unless a disproportionate incremental investment is required.

NH BU ILDING STRONG SM Special Navigation Programs  Removal of wrecks and obstructions  Snagging and clearing for navigation  Drift and debris removal  Modification of existing highway and rail bridges that obstruct navigation  Mitigation of shoreline damage  Dredging contaminated sediments

NH BU ILDING STRONG SM For Further Information  Contact the National Planning Center of Expertise for Deep Draft Navigation at CESAD  Attend other Navigation related Prospect Course  Check the IWR Planning References CD  Visit the DDN PCX Website at

NH BU ILDING STRONG SM Take Away Points  General navigation features is a special term that refers to the physical features that relate to navigation.  Local sponsors are responsible for facilities such as docks, terminal and transfer facilities, berthing areas, local access channels and connecting infrastructure.  There are special rules that cover relocations, removals, and single owner/progressive development situations.  Authorities encourage the beneficial uses of dredged material.

NH BU ILDING STRONG SM Where We are Going  Next, we’ll cover data requirements and forecasting as they relate to navigation planning.  We’ll develop an understanding of how to identify problems and opportunities, and determine the objectives and constraints upon which plans for navigation improvements will be based.

NH BU ILDING STRONG SM Challenge Question: How do cost sharing concerns impact plan formulation?