We are happy to share the guidance on how USACE should be moving forward with projects funded under the Supplemental Appropriation.  The guidance can be found here.

The appropriation provided an incredible $15 billion for construction:

Public Law 115-123 provides $15,055,000,000 in Construction funding (Supplemental Construction funds) to address emergency situations at Corps of Engineers projects, and to construct, and to rehabilitate and repair damages caused by natural disasters to, Corps projects. Of that amount, $15,000,000,000 is available to construct flood and storm damage reduction projects in States and insular areas (territories) with more than one flood-related major disaster declared pursuant to the Robert T . Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in calendar years 2014, 2015, 2016, or 2017. Thirty-three states and three territories meet the criteria and are listed in Enclosure 2. Additionally, not less than $10,425,000,000 of the $15,000,000,000 is available for projects within such States and insular areas (territories) that were also impacted by HHIM. The States and territories that meet the criteria and also were also impacted by HHIM are listed in Enclosure 3. Further, Public Law 115-123 provides that all repair, rehabilitation, study, design, and construction of Corps of Engineers projects in Puerto Rico and the United States Virgin Islands (USVI), using the Supplemental Construction funds, shall be conducted at full federal expense.

The guidance confirms, in the last sentence of this paragraph, that the funds will allow construction at full federal expense (without a local cost share).  Although, of course, any costs of a locally preferred plan that are in excess of the cost of the National Economic Development Plan for a project will remain the responsibility of the non-Federal sponsor, which must pay such costs during construction of the project.

As always, please check back for more updates on flood protection law and policy.

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