Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(a) The
Draft Nonfederal Cost-Sharing Report will be reviewed by an interdisciplinary
Department or Board team comprised of one or more technical experts in the
areas of flood management and Habitat, Open Space, and/or Recreation. After the
technical review, the evaluation team will provide a narrative explanation for
the Project's total contribution level and the percentages of Nonfederal
Capital Costs assigned to each of the multipurpose Objectives. The method of
calculating the total recommended State Cost-Share is provided in Section
575.
(b) The threshold for significant
contributions for the Open Space, Habitat, and Recreation Objectives is met
when a minimum of five percent of the Nonfederal Capital Costs are spent for
meeting an Objective. A Project with less than five percent of the Nonfederal
Capital Costs allocated to the Open Space, Habitat, or Recreation Objective
does not meet the criteria for a significant contribution toward attainment of
these Objectives, but contributions may be counted toward the Combination
Objective.
(c) A Project provides a
significant contribution to the Disadvantaged Area Objective by increasing the
level of flood protection by at least ten percent to a Benefited Area that has
a median annual household income of less than 80 percent of the California
Median Annual Household Income.
(d)
A Project provides a significant contribution to the State Facilities Objective
by increasing the level of flood protection by at least ten percent to State
Water Supply Facilities or State Transportation Facilities.
(e) The Department or Board will use the
following criteria to determine the costs associated with meeting the level of
contribution for each of the multipurpose Project Objectives:
(1) Habitat Objective. A significant
contribution for the Habitat Objective requires that at least five percent of
the Project's estimated Nonfederal Capital Costs are contributed towards
protecting, creating, enhancing, or providing opportunities for enhancing
endangered species, riparian, aquatic, terrestrial, or other important
habitats. These habitat improvements must achieve any of the following
objectives beyond what is required for the Project or mitigation:
(A) Promote recovery of at-risk native fish,
vegetation or wildlife species;
(B)
Improve ecological functions of aquatic and/or terrestrial habitats to support
sustainable populations of diverse fish, vegetation, and wildlife
species;
(C) Improve conditions for
upstream migration, spawning, egg incubation, emergence, rearing and emigration
of priority fish species through adjustment of river flows and
temperature;
(D) Cause increases in
early lifestage survival for priority fish species;
(E) Improve fish passage through modification
or removal of barriers;
(F)
Influence geomorphic processes within the floodplain in a manner that improves
habitat or reduces the potential for fish stranding;
(G) Enhance natural processes to support,
with minimal human intervention, natural habitats that support native
species;
(H) Remove and/or prevent
the establishment of non-native species; or
(I) Provide other important habitat
restoration opportunities.
(2) Open Space Objective. A significant
contribution for the Open Space Objective requires that at least five percent
of the Project's estimated Nonfederal Capital Costs are contributed towards the
acquisition and preservation of Open Space beyond what is required for the
Project or mitigation. Such lands may be acquired in fee and are subject to
restrictions, such as Open Space or conservation easements that permanently
restrict the land to Open Space uses and secures the rights necessary for flood
management operations and maintenance.
(3) Recreation Objective. A significant
contribution for the Recreation Objective requires that at least five percent
of the Project's estimated Nonfederal Capital Costs are contributed towards
recreational improvements, such as picnic areas and foot and bike paths, and
provides public access to all or nearly all of the Project Works, except those
areas where public access would constitute a threat to public safety or habitat
or would constitute a trespass on private property. These recreation
improvements shall achieve any of the following objectives beyond what is
required for the Project or mitigation:
(A)
Develop and maintain trails for pedestrians, bicycles, and/or
equestrians;
(B) Modify the
operation of flood control facilities to increase the diversity and duration of
recreational opportunities;
(C)
Enhance the condition and quality of existing recreational
facilities;
(D) Provide facilities
for rafting, canoeing, boating, fishing, viewing wildlife, swimming or other
water-dependent activities;
(E)
Provide interpretive facilities and services that enhance visitor appreciation
of natural, historical, and cultural resources;
(F) Relocate major trails to avoid flooding
so that they may remain open all year;
(G) Enhance public beach areas;
(H) Provide linkage between recreational
areas; or
(I) Provide other
important public recreation opportunities.
(4) Disadvantaged Area Objective. A
significant contribution for the Disadvantaged Area Objective requires that:
(1) the Benefited Area receives at least a
ten percent increase in flood protection and
(2) the Benefited Area Median Annual
Household Income is less than 80 percent of the California Median Annual
Household Income. The increase in flood protection will be determined from
either the Federal Feasibility Study Report or other supplemental information
as deemed appropriate by the Department or Board. The following steps will be
used to determine if the median annual household income is less than 80 percent
of the California Median Annual Household Income:
(A) The Benefited Area will be evaluated to
determine the applicable census geographic unit (for example, Block Group,
Tract, city, county, etc.).
(B) For
a single census geographic unit, the median annual household income will be
obtained from the U.S. Census Bureau website. For a Benefited Area larger than
a single census geographic unit or smaller than a Block Group, the median
annual household income may be determined by a special tabulation prepared by
the U.S. Census Bureau upon request and payment of a fee.
(C) The median annual household income of the
Benefited Area will be compared to 80 percent of the California Median Annual
Household Income.
(D) The median
annual household income of the Benefited Area must be less than 80 percent of
the California Median Annual Household Income.
The exact amount of the increase in the State Cost-Share will
depend upon the degree to which the Benefited Area is economically
disadvantaged. The enhancement is equal to the difference between the Benefited
Area Median Annual Household Income and the Disadvantaged Household Income,
measured as percentages of the California Median Annual Household Income
(rounded to the nearest whole percentage point). During its review of the Draft
Cost-Sharing Report, the Department or Board will review and may revise this
estimate to better match the Benefited Area's geographic boundaries and update
it for current conditions using data provided by a vendor to be selected by the
Department or Board.
The Sponsor may propose an alternative calculation method for
the Disadvantaged Area Objective. Any such proposed alternative calculation
method must use data equivalent to the U.S. Census Bureau data and be used or
reviewed by the Department or Board prior to any Department or Board
determinations.
(5) State Facilities Objective. A significant
contribution for the State Facilities Objective requires that State
Transportation Facilities or State Water Supply Facilities receive at least a
ten percent increase in flood protection. The increase in flood protection will
be determined from either the Federal Feasibility Study Report or other
supplemental information as deemed appropriate by the Department or
Board.
(6) Combination Objective.
The Sponsor will be entitled to an increase in the State Cost-Share of the
Project for significant contributions to the Habitat Objective, Open Space
Objective, and Recreation Objective based upon a combination of investments
toward each Objective.
1. New section
filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2.
Amendment filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).
Note: Authority cited: Sections
12585.7 and
12601, Water
Code. Reference: Section
12585.7, Water
Code.
