[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: 33CFR203.44]

[Page 9]
 
                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. 203.44  Non-Federal flood control projects.

    (a) Scope of work. The Corps will provide assistance in the 
rehabilitation of non-Federal projects only when repairs are clearly 
beyond the normal physical and financial capabilities of the project 
sponsor. The urgency of the work is considered when determining non-
Federal capability.
    (b) Definition. Non-Federal projects are defined as projects 
constructed with non-Federal funds, or a component of such a project. A 
project constructed under Federal emergency disaster authorities, such 
as Pub. L. 84-99 or Pub. L. 93-288, is not considered to be a Federal 
project unless it repairs or replaces for a damaged Federal project. A 
flood control project is defined as a project designed and constructed 
to have appreciable and dependable effects in preventing damage from 
irregular and unusual rises in water level. For a multi-purpose project, 
only those components that are necessary for the flood control function 
are considered eligible for repair.
    (c) Eligibility. Any flood control project is eligible for 
rehabilitation provided the work can be economically justified and is 
not otherwise prohibited by this regulation.
    (d) Modifications. (1) Modifications designed to preserve the 
integrity of existing non-Federal structures may be constructed at 
additional Federal expense in conjunction with post flood 
rehabilitation. The additional Federal-cost will be limited to not more 
than one-third of the estimated Federal cost of rehabilitation to 
preflood condition, or $100,000, whichever is less. Non-Federal 
interests are required to contribute any additional funds necessary to 
support the remaining cost of the modification.
    (2) Modifications designed to provide an increased degree of flood 
protection or to provide protection to additional area, are not 
authorized.
    (e) Nonconforming works. Any non-Federal project constructed without 
the appropriate local, State or Federal permits or waivers thereof will 
not be rehabilitated under Pub. L. 84-99.