[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR203.42]

[Page 8]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 203--EMERGENCY EMPLOYMENT OF ARMY AND OTHER RESOURCES, NATURAL DISASTER PROCEDURES--Table of Contents
 
                        Subpart D--Rehabilitation
 
Sec. 203.42  Restrictions.

    (a) Restrictions to flood control works. Projects must be designed 
and constructed to have appreciable and dependable protection in 
preventing damage from irregular and unusual rises in water levels to be 
considered flood control works. Structures built primarily for the 
purpose of channel alignment, navigation, recreation, fish and wildlife 
enhancement, land reclamation, drainage, or erosion protection are 
ineligible for Pub. L. 84-99 rehabilitation.
    (b) Non-flood related rehabilitation. Rehabilitation of flood 
control structures damaged by occurrences other than floods, hurricanes, 
or coastal storms is not authorized under Pub. L. 84-99.
    (c) Maintenance and deterioration deficiencies. Rehabilitation under 
Pub. L. 84-99 will not be applied to works which, as a result of poor 
maintenance or deterioration, require substantial reconstruction. All 
deficient or deferred maintenance existing when flood damage occurs will 
be accomplished by or at the expense of the responsible non-Federal 
interests, either prior to or concurrently with authorized 
rehabilitation work. When work accomplished by the Corps corrects 
deferred maintenance, the estimated deferred maintenance cost will be 
included as contributed non-Federal funds in addition to the cost-
sharing requirement addressed in Sec. 203.82(d). Failure of responsible 
non-Federal interests to correct significant deficiencies noted during 
regular inspections may result in suspension of any future 
rehabilitation assistance under Pub. L. 84-99.
    (d) Economic justification. No project will be repaired unless the 
work satisfies the Corps criteria for a favorable benefit-to-cost ratio.

[48 FR 56373, Dec. 21, 1983, as amended at 51 FR 25691, July 16, 1986]