[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: 33CFR263.25]

[Page 351-352]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 263--CONTINUING AUTHORITIES PROGRAMS--Table of Contents
 
                     Subpart C--Flood Control Policy
 
Sec. 263.25  Authority for emergency streambank and shoreline protection of public works and nonprofit public services (Section 14).

    (a) Legislative authority. Section 14 of the Flood Control Act 
approved July 24, 1946, as amended by section 27 of the Water Resources 
Development Act approved March 7, 1974, states:

    The Secretary of the Army is authorized to allot from any 
appropriations heretofore or hereinafter made for flood control, not to 
exceed $10,000,000 per year, for the construction, repair, restoration, 
and modification of emergency streambank and shoreline protection works 
to prevent damage to highways, bridge approaches, public works, 
churches, hospitals, schools, and other nonprofit public services, when 
in the opinion of the Chief of Engineers such work is advisable: 
Provided, That not more than $250,000 shall be allotted for this purpose 
at any single locality from the appropriations for any one fiscal year.

    (b) Policy. Work under the Section 14 authority shall serve to 
prevent flood or erosion damages to endangered highways, highway bridge 
approaches, public works, and nonprofit public facilities by the 
construction or repair of emergency streambank and shoreline protection 
works. Eligible highways consist of major highway systems of national 
importance, and principal highways, streets, and roads of importance to 
the local community, such as arterial streets, important access

[[Page 352]]

routes to other communities and adjacent settlements, and roads 
designated as primary farm-to-market roads.
    (1) Work under this authority is not limited in engineering scope 
but the design must be an integrally complete within itself project that 
does not require additional work for effective and successful operation. 
The cost limitation on Federal participation may require that local 
interests supplement the Federal funds, so that combined Federal and 
local efforts will produce a complete, useful improvement.
    (2) Reporting officers must be satisfied that the protection of 
eligible public works and non-profit public services are justified on 
the basis of the National Economic Development and Environmental Quality 
objectives.
    (c) Legislative interpretations. (1) ``Public Works'' are considered 
to be those important and essential public facilities which serve the 
general public and are owned and operated by the Federal, State, or 
local governments, such as municipal water supply systems and sewage 
disposal plants.
    (2) ``Churches, hospitals, schools'' includes churches, and public 
and private non-profit hospitals and schools.
    (3) ``Non-profit public services'' are considered to be facilities 
or structures which serve the general public and are not intended to 
earn a profit. Although they may be publicly used, privately owned, 
profit-making facilities located along streambanks or shore lines are 
not eligible for protection.
    (4) ``Shoreline'' includes, but is not limited to, oceans, gulfs, 
and the Great Lakes.
    (d) Local cooperation. The provisions of Sec. 263.23(d) are 
applicable.