This Section 219 program authorizes aid from the U.S. Army Corps of Engineers (USACE) to assist nonfederal interests in carrying out water-related environmental infrastructure and resource protection and development projects. Assistance may be in the form of technical, planning, design and/or construction assistance for wastewater treatment and related facilities and water supply, storage, treatment and distribution facilities.

Restrictions

Projects must be specifically named by Congress in the authorizing language for this program. Congress specifies the geographic location, amount of authorized dollars, and purpose or scope of the project. Procurement of design services shall be obtained from private sources, unless the services provided require the use of new technologies unavailable from the private sector or a Solicitation or Request for Proposal fails to attract two or more bids. The federal cost share is limited to $5 million.

Cost Sharing

The nonfederal sponsor’s share is 25% of total design costs or total project costs. The nonfederal sponsor is responsible for providing all lands, easements, rights-of-way, relocations, and disposal areas (LERRDs) required for the project and for obtaining any necessary permits. The non-federal sponsor will receive credit for the value of such LERRDs and the cost of obtaining permits toward its share of total project costs, which is not to exceed 25% of total project costs. In addition, the nonfederal sponsor will receive credit toward its share of total design costs or total project costs, as applicable, for the reasonable costs of design work it completes prior to entering into an agreement with the government. USACE will be responsible for all contracting and construction oversight. The nonfederal sponsor will be responsible for 100% of the operation, maintenance, repair, rehabilitation, and replacement costs associated with a completed construction project.

Responsibility of Nonfederal Sponsor

The responsibilities of the nonfederal sponsor are to perform the following tasks without cost to the U.S.:

Provide all LERRDs necessary for the construction and subsequent maintenance of the project.
Maintain and operate the project after completion.

Authority

Section 219 of the Water Resources Development Act of 1992 authorizes this program. Congress authorizes assistance for defined projects and locations with specific amounts in each location and can authorize additional projects in subsequent fiscal years.