§2215 Feasibility studies; planning, engineering, and design

Summary

The Secretary must not start any feasibility study for a water resources project after November 17, 1986, unless local or other non‑Federal partners sign a contract to pay 50% of the study cost. While the study is happening, the non‑Federal share is 50% of the estimated cost and 50% of any extra cost that comes from a change in Federal law or from the non‑Federal partners asking for a bigger study. Other extra costs are paid when the Federal government and the non‑Federal partners sign a project agreement, unless the project is not authorized within 5 years after the Chief of Engineers’ final report or within 2 years after the study ends; in that case the non‑Federal share of those extra costs is due then. The cost estimate can only be changed if both sides agree. Non‑Federal partners may meet their share with services, materials, or other in‑kind contributions. Studies mainly for inland navigation (dams, locks, channels) are exempt. For studies that produce a detailed project report, the first $100,000 is paid by the Federal government and the 5‑year/2‑year payment rule does not apply. Planning and engineering work cannot start until non‑Federal partners agree by contract to pay 50% of those costs during that work. If non‑Federal partners already paid 50% of the feasibility study, those planning and engineering costs count as construction costs. Design costs are split according to the project’s purposes. Definitions: a detailed project report is a report with enough design detail to go to contract (includes environmental studies); a feasibility study is the Corps’ study that produces a feasibility report (includes related environmental work and similar Corps reports).