Well, this is awkward. You chose an authority that is unlikely to do what you need, is likely to be kicked out, will not compete well, and could conceivably get you in trouble.
Section 1135 is to fix environmental problems initiated by the construction of federal projects. So if a federal action has unintended ecological consequences, we can use this authority to address those consequences.
But here, the Federal project is a levee.
The levee has been overtopped, but serves the function. And it is not the cause of the scour. Or any other environmental problems in the area.
So it seems an odd choice.
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