[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: 33CFR263.22]

[Page 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. 263.22  Authority for snagging and clearing for navigation (Section 3).

    (a) Legislative authority. Section 3 of the River and Harbor Act 
approved 2 March 1945, states:

    The Secretary of the Army is hereby authorized to allot not to 
exceed $300,000 from any appropriations made prior to or after March 2, 
1945, for any one fiscal year for improvement of rivers and harbors, for 
removing accumulated snags and other debris, and for protection, 
clearing and straightening channels in navigable harbors and navigable 
streams and tributaries thereof, when in the opinion of the Chief of 
Engineers such work is advisable in the interest of navigation or flood 
control.

    (b) Policy--(1) Eligible work. It is the policy of the Chief of 
Engineers to utilize this authority primarily for emergency work to 
benefit navigation. Work pursuant to this authority is undertaken as an 
emergency measure to clear or remove unreasonable obstructions to 
navigation in navigable portions of rivers, harbors and other waterways 
of the United States, or tributaries thereof, in order to provide 
existing traffic with immediate and significant benefit. When recurring 
maintenance work will be required to secure enduring benefits from the 
initial work, local interests should be informed that they will have to 
bear the costs of such recurring maintenance until such time as 
maintenance at that location may become part of a project specifically 
authorized by Congress and subsequently funded.
    (2) Ineligible work. In addition to the ineligible work listed in 
para 5 of the basic regulation, the following work is also ineligible 
under this authority:
    (i) Normal shoaling process. When the condition for which the 
remedial work is requested resulted from the normal shoaling process 
associated with that particular reach of waterway and not from a sudden 
occurrence.
    (ii) Work within the limits of authorized projects. This restriction 
applies where authorized new work remains to be accomplished unless an 
emergency results from aggravated conditions arising subsequent to the 
authorization of the project. In that event, corrective measures will be 
limited to restoration of conditions existing at the time of such 
authorization.
    (iii) General widening or deepening. No general widening or 
deepening will be accomplished to meet the desires of navigation 
interests to use larger vessels.
    (c) Local cooperation. Local cooperation requirements for projects 
under the Section 3 authority are those normally recommended for similar 
work authorized by Congress.