[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: 33CFR203.83]

[Page 14]
 
                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. 203.83  Additional requirements.

    (a) Maintenance deficiencies. Rehabilitation and Advance Measures 
authorities may not be used to correct deferred or deficient 
maintenance. Such correction must be accomplished by, or at the expense 
of, local interests. This may include restoring normal levee or dune 
height after subsidence, replacement of deteriorated components such as 
outlet structures and pipes, removal of debris and other obstructions in 
adjacent channels, and new construction such as protection against 
erosion. This does not preclude furnishing flood fight assistance during 
an emergency.
    (b) Areas of minor damage. Separable areas with minor damage should 
be included in the maintenance program of local interests.
    (c) Minor completion items. Local interests should be responsible 
for minor completion items, such as dressing fills, placing sod, or 
seeding completed work.
    (d) Adequacy of requirements of local cooperation. In determining 
the adequacy of the pledge of local cooperation, district/division 
commanders must give proper consideration to the local sponsor's 
performance capability, taking into account any shortcomings in meeting 
prior commitments. Where a responsible local sponsor entity has not been 
formed, agreement by the local interests to later form such an entity 
may be considered for inclusion in the local cooperation agreement. If 
feasible, provisions should be made by local interests to establish a 
``Contingency Fund'' to meet future maintenance requirements if apparent 
inadequacies of protective works indicate maintenance costs will be 
unusually high.
    (e) Privately owned projects. In certain cases, Pub. L. 84-99 
activities may involve flood control or water supply facilities owned by 
individuals, organization or other non-public entities. In such cases 
whenever practicable the local cooperation agreement furnished by each 
property owner should be sponsored collectively by a public entity or 
other organization fully responsible for maintenance of the structure. 
This organization in turn is to furnish its own overall local 
cooperation agreement for acceptance by the district commander.
    (f) Eligibility under other programs. The local cooperation 
agreement must be worded to allow local interests to accept funding from 
other Federal programs for meeting the local responsibility. For example 
removal of temporary works will be without cost under Corps Pub. L. 84-
99 assistance, but will not be ``at no cost to the United States.''