[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: 33CFR203.82]

[Page 13]
 
                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 G--Local Interests Cooperation and Participation
 
Sec. 203.82  Requirements of local cooperation.

    It is the Corp's policy that authorization of a project will, 
insofar as feasible, require local interests to furnish items of local 
cooperation similar to those set forth for flood control project 
construction in section 3 of the 1936 Flood Control Act Pub. L. 74-738 
(33 U.S.C. 701c). These requirements are that local interests (a) 
provide without cost to the United States all lands, easements, and 
rights-of-way necessary for the authorized work; (b) hold and save the 
United States free from damages due to the authorized work, exclusive of 
damages due to the fault or negligence of the United States or its 
contractor; (c) maintain and operate, in a manner satisfactory to the 
Chief of Engineers, all the works after completion. When assistance 
includes the construction of temporary protective works, the maintain 
and operate clause is modified by adding (or substituting, as 
applicable) the requirement for local interests to remove any temporary 
works constructed by the Corps under Pub. L. 84-99.
    (a) Furnishing of lands, easements, and rights-of-way. This item 
provides for sites of structures, for borrow and disposal areas, and for 
access; also, for all other rights in, upon, through or over private 
property as needed by the United States in connection with the 
authorized work. Performance by the local interests under their 
assurance to furnish lands, easements, and rights-of-way will normally 
not be considered a contribution. If more advantageous to the Federal 
Government, borrow and disposal areas may be assumed as a Federal 
responsibility. Easements must be provided for future Federal inspection 
of maintenance or removal. If a public agency sponsors a project for a 
non-public applicant, the applicant must provide an easement to the 
sponsor for future maintenance or removal, as well as for Federal 
inspection. Easement should extend to the life of the project.
    (b) Hold and save clause. Where the property concerned is under 
tenancy, both the property owner and the tenant should sign the local 
cooperation agreement.
    (c) Maintain and operate clause. This clause must include: ``It is 
understood that the foregoing maintenance and operation requirement 
extends to interrelated features of all protective work under the 
control of (insert name of owner or sponsor).''
    (d) Removal of temporary works. Local interests are responsible for 
the removal of all temporary works constructed by the Corps, which are 
unsuitable for upgrade to permanent structures. Structures may be deemed 
unsuitable due to inherent health, access, or safety problems which 
could result from their location. The wording of this clause must not 
preclude the use of other Federal assistance programs to fund removal.
    (e) Request for retention of temporary works. Local interests may 
ask to retain a temporary structure for protection from future floods. 
This cannot be authorized unless the works are upgraded to meet all 
Corps criteria for permanent projects. Pub. L. 84-99 funds cannot be 
used to upgrade the structure. An upgraded project would have to fully 
comply with permits, environmental, and other regulatory and legal 
requirements. Unless upgraded, such projects are not eligible for 
rehabilitation, and must be removed in accordance with paragraph (d) of 
this section. Local interests must initiate action to upgrade or remove 
the temporary works within 30 days after the flood threat has passed.
    (f) Cost sharing. The Federal government may bear up to 80 percent 
of the construction costs for rehabilitation of non-Federal projects. 
Sponsors may provide their share of construction costs in the form of 
cash, in-kind services such as labor or equipment, etc., or a 
combination of cash and in-kind services. The sponsor's share is in 
addition to providing real estate interests needed for construction and 
inspection and any deferred maintenance costs. The Corps will determine 
the dollar value of any in-kind services being provided by the sponsor.

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

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