§2215 Feasibility Studies; Planning, Engineering, and Design

Summary

After November 17, 1986, the federal government cannot start a feasibility study for a water project unless the non‑Federal partners sign a contract to pay half of the study cost. While the study is happening, those partners must pay 50% of the study’s estimated cost and 50% of any extra cost that comes from a change in Federal law or a change in the study scope they asked for. If the study ends and the project is later authorized, the partners normally pay any other extra study costs when the government and partners sign the project agreement. If the project is not authorized by the date that is 5 years after the Chief’s final report or by the date that is 2 years after the study ends, the partners must pay those extra costs to the United States on that date. The cost estimate can only be changed by agreement. Partners may meet their share by providing services, materials, or other in‑kind help. These rules do not apply to navigation projects like dams, locks, and channels. If a study produces a detailed project report, the same rules apply, except the first $100,000 of that study is paid by the Federal government and the 5‑year/2‑year payment rule does not apply. The government also cannot start planning or engineering work until non‑Federal partners agree by contract to pay half of those costs while the work is done. If those partners already paid half of a feasibility study, the planning and engineering costs count as construction costs. Design costs are split according to the same percentage as the project’s purposes. Definitions: Detailed project report — a follow‑up study with enough detail to make construction plans. Feasibility study — the study and any environmental work the Army Corps prepares to decide if a water project is feasible.