[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: 33CFR209.220]

[Page 144-145]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 209--ADMINISTRATIVE PROCEDURE--Table of Contents
 
Sec. 209.220  Flood control regulations.

    (a) Local protection works. On projects authorized subject to 
specified conditions of local cooperation, no construction is undertaken 
by the Department of the Army until satisfactory assurances of the 
required local cooperation have been accepted by the Secretary of

[[Page 145]]

the Army and until any lands, easements, and rights-of-way required to 
be furnished by local interests have been made available for at least a 
complete unit of the project. The District Engineers notify local 
interests concerned of the requirements of local cooperation and request 
assurances by registered mail prior to the preparation of final plans 
and specifications. Regulations prescribed by the Secretary of the Army 
for the maintenance and operation of local flood protection works are 
contained in Sec. 208.10 of this chapter. When assurances satisfactory 
to the District Engineer are received, they are forwarded through the 
Division Engineer to the Chief of Engineers for consideration of the 
Secretary of the Army. The District Engineers advise local interests of 
the action taken by the Department. Completed projects or completed 
useful units thereof are normally turned over to local interests for 
maintenance and operation as soon as the construction and testing of 
equipment is completed and the project is in proper condition for the 
assumption of maintenance and operation by local interests. The transfer 
is accomplished by formal notice from the District Engineer to the local 
interests that the completed facilities are being turned over to them 
for maintenance and operation as of a specific date. During 
construction, District Engineers keep the local interests concerned 
advised as to the probable date of transfer.
    (b) Use of storage allocated for flood control or navigation at 
reservoirs constructed wholly or in part with Federal funds. Regulations 
prescribed by the Secretary of the Army in accordance with section 7 of 
the Flood Control Act of December 22, 1944 (58 Stat. 890; 33 U.S.C. 709) 
are for the purpose of coordinating the operation of the flood control 
features of reservoirs constructed wholly or in part with Federal funds 
and other flood control improvements to obtain the maximum protection 
from floods which can reasonably be obtained with the proper operation 
of all flood control improvements. Proposed regulations are determined 
by the District Engineer in cooperation with the persons responsible for 
the maintenance and operation of the reservoir involved after a detailed 
study of the flood problems and the characteristics of the reservoir 
project. The proposed regulations are forwarded by the District Engineer 
through the Division Engineer to the Chief of Engineers for 
consideration of the Secretary of the Army. When approved by the 
Secretary of the Army, these regulations are published in part 208 of 
this chapter.