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Section 10 Recommendations

EAA Storage Reservoirs Revised Draft PIR and EIS February 2006

10-4

91-646, as amended by the title IV of the Surface Transportation and

Uniform Relocation Assistance Act of 1987 (Public Law 100-17), and

Uniform Regulations contained in 49 CFR part 24, in acquiring lands,

easements, and rights-of-way, and performing relocations for construction,

operation and maintenance of the project, and inform all affected persons

of applicable benefits, policies, and procedures in connection with said act.

o) Comply with all applicable Federal and State laws and regulations,

including Section 601 of the Civil Rights Act of 1964, Public Law 88-352,

and Department of Defense Directive 5500.11 issued pursuant thereto, as

well as Army Regulation 600-7, entitled “Nondiscrimination on the Basis

of Handicap in Programs and Activities Assisted or Conducted by the

Department of the Army.”;.

p) Provide 50 percent of that portion of total cultural resource preservation

mitigation and data recovery costs attributable to the project that are in

excess of one percent of the total amount authorized to be appropriated for

the project.

q) Do not use Federal funds to meet the Non-Federal Sponsor’s share of total

project costs unless the Federal granting agency verifies in writing that

the expenditure of such funds is expressly authorized.

I recommend that Congress provide authority for the Non-Federal Sponsor to

receive credit for planning, engineering, design and construction performed by it,

or under contract by it, towards the implementation of the EAA Storage

Reservoirs Project before project cooperation agreement execution if the

Secretary of the Army determines that the work performed was for a reasonable

cost, necessary and integral to the Project and was implemented to appropriate

design and construction standards.

A. If the lands, easements and rights-of-way were acquired prior to execution

of the project cooperation agreement, the creditable value shall be their

purchase price, subject to a determination of reasonableness where

appropriate, together with their reasonable and necessary incidental costs

of acquisition.

B. The value of lands, easements, or rights-of-way acquired by the Non-

Federal Sponsor after the effective date of the Project Cooperation

Agreement executed for this Project shall be the fair market value of such

real property interests at the time the interests are acquired, together

with the reasonable and necessary incidental costs of acquisition

The Non-Federal Sponsor is exploring alternative project delivery methods to

expedite implementation of portions of the EAA Storage Reservoir Project

through the State’s Acceler8 Program. Such delivery methods may include a

construction management at risk contract or a public-private partnership in

which the Non-Federal Sponsor contracts with a private or not-for-profit entity

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