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The Section 219 program provides planning, design, and construction assistance for water and sewer related environmental infrastructure and resource protection and development projects for local communities throughout the country. Construction is cost shared 75 percent federal and 25 percent non-federal. The Section 219 program provides planning, design, and construction assistance for water and sewer related environmental infrastructure and resource protection and development projects for local communities throughout the country. Construction is cost shared 75 percent federal and 25 percent non-federal.
Under the Section 219 Environmental Infrastructure Program, the Corps is authorized to assist non-Federal interests in carrying out water-related environmental infrastructure and resource protection and development projects. Such assistance may be in the form of planning, engineering, design and construction assistance for water supply and storage, treatment and distribution systems, and wastewater treatment systems including treatment plants.
Projects must be explicitly named by Congress in the authorizing language for this program (WRDA) and funds appropriated by Congress specific to the project. Non-Federal sponsors should contact the Corps to begin discussions after the project is authorized. The Corps can begin working on the required letter report and cost share agreement negotiations after funds are appropriated.
Criteria for assistance: The purpose of the program is to provide Federal assistance to State and local governments in carrying out water-related infrastructure projects. While should judgment and prudent analytical approaches should be employed in any planning assistance provided, the specific requirement for conducting and reporting on economic and environmental procedures as outlined in Principles and Guidelines (P&G) and Corp regulations based on P&G will not be required. Federal assistance is subject to the requirements of the National Environmental Policy Act (NEPA) and other environmental laws. Available environmental analysis prepared by non-Federal interests to meet Federal and State loan and grant and permitting requirements should be used to the extent possible.
Cost Sharing: Not less than 25 percent non-Federal cost share will be required for all projects. The 25 percent non-Federal share will take the form of cash and credits for lands, easements, rights of way, relocations and dredged material disposal areas (LERRD). No work-in kind is authorized for projects under the Section 219 program. Up to $25,000 of the Federal amount appropriated may be used to prepare a letter report and negotiate a cost share agreement. These pre-agreement costs will be 100 percent Federal. The non-Federal sponsor is responsible for 100 percent of the operation, maintenance, repair, rehabilitation and replacement (OMRR&R) costs of the project after construction.
Letter Report: A letter report should support each agreement. The letter report describes the proposed infrastructure assistance and the non-Federal infrastructure project it supports; identifies the non-Federal sponsor; addresses the implementation responsibilities of the parties; addresses the financial capability of the non-Federal sponsor to meet the cost sharing requirements; describes the status of environmental compliance; and presents information on the cost (including LERRD value) of the environmental infrastructure assistance.
Design and Engineering Assistance: Design or engineering assistance provided by the Government must be obtained by procurement from private sources, unless the service would require the use of a new technology unavailable in the private sector, or a solicitation or request for proposal has failed to attract two or more bids or proposals. This limitation does not apply to analysis and documentation to address NEPA requirements.
The Southeastern Pennsylvania and Lower Delaware River Basin Environmental Improvements Program (566 Program) is authorized under Section 566 of the Water Resources Development Act (WRDA) of 1996, as amended by Section 552 of WRDA 1999 and Section 8376 of WRDA 2022.
Section 552 of WRDA 1999 amended the authority to include environmental restoration as an authorized project purpose under this program. Section 8376 of WRDA 2022 amended the authority to expand the geographical area from Southeastern Pennsylvania to include the Lower Delaware River Basin in New Jersey and Delaware.
The 566 Program allows USACE to provide design and construction assistance to non-Federal interests for carrying out water related environmental infrastructure, resource protection and development projects in southeastern Pennsylvania, including projects for wastewater treatment and related facilities (including sewer overflow infrastructure improvements and other stormwater management), water supply and related facilities, surface water resource protection and development, and environmental restoration. Section 552 of WRDA 1999 amended the authority to include environmental restoration as an authorized project purpose under this program. Section 8376 of WRDA 2022 amended the authority to expand the geographical area from Southeastern Pennsylvania to include the Lower Delaware River Basin in New Jersey and Delaware.
Cost Sharing: All phases are cost-shared with a non-Federal sponsor with the sponsor providing 25% of the total project costs.
Non-Federal sponsors should contact the Corps to begin discussions.
The authority allows the Government to enter into agreements with a non-Federal sponsor to provide design assistance, construction assistance or both design and construction assistance. The authority also allows for the non-Federal sponsor to provide some or all of the work for design and/or construction. While sound judgment and prudent analytical approaches should be employed, the specific requirements for conducting and reporting on economic and environmental procedures as outlined in Principles and Guidelines (P&G) and Corps regulations based on P&G are not required. Because this is a service to non-Federal parties, the character and form of the Assistance should be established in partnership with the non-Federal partner.
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