UMRBA submits to Congress a request to reform the liability terms of the U.S. Army Corps of Engineers’ (USACE) project partnership agreements (PPAs).
The key impediments include the terms requiring the non-federal sponsor to assume complete liability for constructed projects (except for when fault or negligence is proven) and operations, maintenance, repair, replacement, and rehabilitation (OMRR&R) in perpetuity. These terms are simply not reasonable and are not acceptable to many states, local communities, and nonprofit organizations. At a fundamental level, the current PPA terms conflict with many states’ constitutions and tort law.
Find the letter on UMRBA's website by clicking here.