[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: 33CFR240.4]

[Page 322]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 240--GENERAL CREDIT FOR FLOOD CONTROL--Table of Contents
 
Sec. 240.4  Legislative provisions.

    Section 104 authorizes and directs the development of guidelines 
which include criteria for determining whether work carried out by local 
interests is compatible with a project for flood control. Compatible 
work which was carried out prior to project authorization, before 17 
November 1986 but after 17 November 1981, may be considered part of the 
project and credited against the non-Federal share of the cost of 
project, if the local sponsor applied for consideration of such work not 
later than 31 March 1987. Local work to be carried out after 17 November 
1986 must receive Army approval prior to construction to be eligible for 
credit, taking into account the economic and environmental feasibility 
of the project. (Such approval can only be given on the basis of the 
guidelines required to be issued pursuant to section 104(a); hence, the 
law is silent with respect to work performed between 17 November 1986 
and the effective date of the guidelines.) The credit will not relieve 
the non-Federal sponsor of the requirement to pay 5 percent of the 
project costs in cash during construction of the remainder of the 
project. This legislative authority also provides that benefits and 
costs of compatible work will be considered in the economic evaluation 
of the Federal project. This includes the costs and benefits of 
compatible local work which was carried out after 17 November 1981 or 
within the 5 years prior to the initial obligation of reconnaissance 
study funds if that should establish a later date.