Harbors

Module NH1: Authorities and Policies

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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

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Federal Involvement – Why?

The Federal Interest is established by the Constitution –Commerce Clause

Provides means of commercial transportation

Is part of national defense

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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

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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

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What is the Deep-Draft Navigation System?

Major ports with congressionally authorized channels.

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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

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Corps Responsibilities

General navigation features Channels Jetties Breakwaters Locks Disposal Sites

Crescent City Harbor, CA

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Federal Project Featuresnot Included as Corps Responsibility

Coast Guard is responsible for Aids to Navigation

Buoys

Lights

Other Channel Markers

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Non-Federal Responsibilities

Will cost share in the construction of General Navigation Features

Will cost share Operation and Maintenance

Local Service Facilities

LERR

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Cost Sharing - Construction

Local Sponsor Share of Construction, in percent

Project depth 20 feet or

less 20 to 45

feet Greater

than 45 feet

General navigation feature** 10/10* 25/10* 50/10*

Mitigation 10/10* 25/10* 50/10*

Aids to navigation 0 0 0

Service facilities 100 100 100

LERR 100 100 100 * 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.

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Cost Sharing – Operations and MaintenanceLocal Sponsor Share of O&M in percent

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Local Service Facilities

Docks

Terminal and transfer facilities

Berthing areas

Local access channels

Must be accessible and available to all on equal terms

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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

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Policies Affecting Navigation

Shoreline changes

Beneficial uses of dredged material

Access channels

Single owner

Progressive development

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Policies - Shoreline Changes

Analyze affect of project on shoreline

Minimum of 10 miles on either side

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Policies - Beneficial Uses of Dredged Material Land creation

Beach nourishment

Mitigation/restoration

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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

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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

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Policies - Access Channels

Number of facilities served must be:

Two or more with separate owners or

Under public ownership

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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

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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.

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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

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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 http://www.sam.usace.army.mil/ddncx/

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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.

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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.

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Challenge Question:

How do cost sharing concerns impact plan formulation?