[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: 33CFR203.92]

[Page 15-16]
 
                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 H--Non-Federal Levee Rehabilitation Eligibility Guidelines
 
Sec. 203.92  Procedures.

    (a) General. Corps involvement with any non-Federal levee normally 
begins the first time an owner/sponsor requests repairs under Pub. L. 
84-99. To evaluate these levees, it is imperative that the initial 
eligibility investigation assess the integrity and reliability of the 
levee. In addition, other key information required to determine the 
Federal interest in repairing the levee will be obtained. Any levee 
repaired by the Corps will be inspected periodically to assure that the 
conditions of local cooperation are being fulfilled by the sponsor. 
These inspections will also be used in determining the eligibility of 
the levee for possible future Corps assistance under Pub. L. 84-99. The 
project sponsor will be advised of any work required to maintain project 
eligibility. The guidelines established herein may also be used where an 
owner/sponsor who has not previously received levee rehabilitation 
assistance from the Corps, submits a request for inspection to determine 
whether his levee meets established eligibility criteria.
    (b) Inspection procedure. A Rating Guide will be used to establish 
performance levels for non-Federal levees to be included in the Corps 
rehabilitation program. This guide will be provided to all non-Federal 
levee sponsors for their use in maintaining or upgrading their projects 
as required to remain eligible for the Corps rehabilitation program. (A 
copy of the Rating Guide will be provided to sponsors by the Corps 
District in their area.) The inspection will identify all areas where 
work is required to upgrade the levee to an acceptable performance 
level, and specify an appropriate time period to sponsors in which to 
accomplish the work. If a levee sponsor fails to comply

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with identified requirements, notification will be provided that the 
levee is not eligible for consideration for rehabilitation under Pub. L. 
84-99 until the Corps is advised that the work is completed. No further 
inspections will be made of a levee that is ineligible until the sponsor 
provides notification by letter indicating that noted deficiencies have 
been corrected.
    (c) Technical evaluation. Technical evaluation procedures are 
intended to establish the general capability of a non-Federal levee to 
provide reliable flood protection.