Sample Section 205 Request Letter

Published Sept. 3, 2012

To request assistance under Section 205 of the 1948 Flood Control Act, use the sample letter below to provide a written request to the Corps' Omaha District.


 

(Type / Print on Official Letterhead)

[DATE]
District Engineer
U.S. Army Corps of Engineers, Omaha District
ATTN: Planning, Programs and Project Management Division, Planning Branch
1616 Capitol Avenue
Omaha, Nebraska 68102-4901

Dear Sir or Madam:

This letter is to seek the assistance from the U.S. Army Corps of Engineers under Section 205 of the 1948 Flood Control Act, as amended, in reducing flood damages along [river or creek] in the vicinity of [city or town, etc].

[Briefly describe the nature and severity of the flooding problem. Briefly describe the known issues that might affect the acceptability of any recommended solutions, from the perspective of local government and/or the public.]

We are aware that the study sponsor is responsible for 50 percent of the costs of the feasibility study in excess of $100,000. Up to one-half of the sponsor's share may consist of in-kind services. If the feasibility study results in a recommendation for construction, the project sponsor will be required to:

  1. Provide without cost to the United States all lands, easements, rights-of-way, relocations and disposal sites (LERRDs), as determined by the federal government to be necessary for the construction of the project. The value of LERRDs will be included in the total project costs and credited toward the sponsor's share of project costs, as defined in the project cooperation agreement.
  2. Hold and save the United States free from claims for damages which may result from the construction and subsequent maintenance of the project, except damages due to the fault or negligence of the United States or its contractors.
  3. Prevent future encroachment which might interfere with proper functioning of the project for flood control.
  4. Assume responsibility for all costs in excess of the federal portion which has a cost limitation of $7 million.
  5. Assure maintenance and repair of the project during the useful life of the works as required to serve the project's intended purpose, with no additional cost to the federal government.
  6. Provide guidance and leadership in preventing unwise future development of the flood plain by use of appropriate flood plain management techniques to reduce flood losses.
  7. Provide a cash contribution of five percent of the project cost at the start of construction.
  8. If the total of the LERRD and five percent cash contribution does not exceed 35 percent of the project cost, provide a cash contribution to make the total contribution equal to 35 percent.

We appreciate your consideration of our request. Please contact [name, address, telephone] for further information.

Sincerely,

[Name and title]
[Address]