§2215 Feasibility Studies; Planning, Engineering, and Design

Summary

The Secretary must not start a feasibility study after November 17, 1986 unless local or other non‑Federal partners sign a contract agreeing to pay 50% of the study cost. While the study is underway, non‑Federal partners must pay half of the estimated cost and half of any extra costs caused by a change in Federal law or by the partners asking for a bigger study. Other extra costs are due when the federal and non‑Federal parties sign the project cost‑sharing agreement. If the project is not authorized within 5 years after the Chief of Engineers finishes the final report, or within 2 years after the study ends, those extra costs become payable then. The cost estimate can only be changed by agreement. Partners may pay their share with services or materials. The rule does not apply to navigation work like locks, dams, or channels. For studies that make 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. The Secretary must not begin planning or engineering until non‑Federal partners agree to pay 50% during that work. Planning and engineering costs tied to a feasibility study where partners already paid half are treated as construction costs. Design costs are split in the same percentage as the project’s purposes. Definitions: "detailed project report" — a close, buildable project report (for small projects, includes a planning and design analysis if Federal cost is $1,000,000 or less). "Feasibility study" — a Corps of Engineers study that leads to a feasibility report and any related environmental work.