[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: 33CFR263.21]

[Page 349-350]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 263--CONTINUING AUTHORITIES PROGRAMS--Table of Contents
 
                      Subpart B--Navigation Policy
 
Sec. 263.21  Small navigation project authority.


    (a) Legislative authority. Section 107 of the River and Harbor Act 
of 1960, as amended by Section 310 of the River and Harbor Act of 1965, 
section 112 of the River and Harbor Act of 1970, and section 133(a) of 
the Water Resources Development Act, approved 22 October 1976, states:

    (a) The Secretary of the Army is authorized to allot from any 
appropriations hereafter made for rivers and harbors not to exceed 
$25,000,000 for any one fiscal year for the construction of small river 
and harbor improvement projects not specifically authorized by Congress 
which will result in substantial benefits to navigation and which can be 
operated consistently with appropriate and economic use of the waters of 
the Nation for other purposes, when in the opinion of the Chief of 
Engineers such work is advisable, if benefits are in excess of the 
costs.
    (b) Not more than $2,000,000 shall be allotted for the construction 
of a project under this section at any single locality and the amount 
allotted shall be sufficient to complete the Federal participation in 
the project under this section.
    (c) Local interests shall provide without cost to the United States 
all necessary lands, easements and rights-of-way for all projects to be 
constructed under the authority of this section. In addition, local 
interests may be required to hold and save the United States free from 
damages that may result from the construction and maintenance of the 
project, and may be required to provide such additional local 
cooperation as the Chief of Engineers deems appropriate. A State, 
county, municipality or other responsible local entity shall give 
assurance satisfactory to the Chief of Engineers that such conditions of 
cooperation as are required will be accomplished.
    (d) Non-Federal interests may be required to share in the cost of 
the project to the extent that the Chief of Engineers deems that such 
cost should not be borne by the Federal Government in view of the 
recreational or otherwise special or local nature of the project 
benefits.
    (e) Each project for which money is allotted under this section 
shall be complete in itself and not commit the United States to any 
additional improvement to insure its successful operation other than 
routine maintenance, and except as may result from the normal procedure 
apply to projects authorized after submission of survey reports and 
projects constructed under the authority of this section shall be 
considered as authorized projects.
    (f) This section shall apply to, but not be limited to, the 
provision of low water access navigation channels from the existing 
channel of the Mississippi River to harbor areas heretofore or now 
established and located along the Mississippi River.

    (b) Operation and maintenance responsibility. Projects for 
navigation constructed under the authority of Section 107 will be 
considered the same as authorized projects and are operated and 
maintained by the Corps of Engineers at Federal cost under the same 
procedures and policies as applied to projects specifically authorized 
by Congress. (Reference section 6, Pub. L. 93-251).
    (c) Aids to navigation. Planning and design of channel and other 
navigation improvements should give full consideration to the 
feasibility and costs of establishment by the Coast Guard of suitable 
aids to navigation. The costs for navigation aids to be provided by the 
Corps of Engineers, Coast Guard, State, and local interests, and similar 
project-associated costs, will be included in the economic analysis. 
Project associated expenditures by the Corps of Engineers for aids to 
navigation are included within the cost limitation under the Section 107 
authority, but expenditures by the U.S. Coast Guard are not. The report 
appendix should reproduce the letter from the Coast Guard stating the 
estimated

[[Page 350]]

number, type and cost of navigation aids and their maintenance cost.
    (d) Local cooperation. Local cooperation requirements for projects 
under the Sec. 107 authority are those normally recommended for similar 
work authorized by Congress.

[40 FR 51134, Nov. 3, 1975, as amended at 41 FR 56943, Dec. 30, 1976]