[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: 33CFR263.14]

[Page 340]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 263--CONTINUING AUTHORITIES PROGRAMS--Table of Contents
 
                           Subpart A--General
 
Sec. 263.14  Program eligibility requirements.

    Work funded under this Program must meet the requirements of Federal 
interest and Corps responsibility set forth in one of the legislative 
authorities referenced in Sec. 263.13. Any project recommended must be 
justified under established Federal planning criteria, must be complete 
in itself and must not obligate the Federal government to future work 
except for those cases in which maintenance by the Federal government is 
provided by applicable provisions of general law. Eligibility is not 
permitted for the following:
    (a) Projects specifically authorized by Congress. The Program will 
not be used to implement any portion of a project specifically 
authorized by Congress, including postauthorization changes to such 
projects. However, once a project has been completed to the full extent 
permitted by its Congressional authorization, this Program could be 
utilized to provide for a new, complete-in-itself improvement which will 
not impair or substantially change the purposes of the specifically 
authorized project.
    (b) Existing non-Federal responsibility. This Program may not be 
utilized for a project that would in effect nullify or change an 
existing condition of non-Federal responsibility required for a project 
specifically authorized by Congress, whether constructed or not. Such 
changes would require Congressional action.
    (c) Operation and maintenance of non-Federal projects. This Program 
may not be used for adoption of a non-Federal project for future 
maintenance at Federal expense.