[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: 33CFR276.6]

[Page 367]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 276--WATER RESOURCES POLICIES AND AUTHORITIES: APPLICATION OF SECTION 134a OF PUBLIC LAW 94-587--Table of Contents
 
Sec. 276.6  General policy.

    (a) This provision will be applied only at locations where a 
congressionally authorized study is underway or where the study report 
has been forwarded for Executive Branch review or for consideration by 
Congress. If a study is underway, the District Engineer must have held 
the final public meeting and filed a draft EIS with CEQ prior to 
certification. Certification will be in response to a specific request 
from a State, city, municipality or public agency that is the 
prospective local sponsoring agency for the contemplated Federal plan 
under study.
    (b) Work eligible for certification shall be limited to that part of 
the local improvement directly related to a flood control purpose.
    (c) Only local work commenced after certification shall be eligible 
for certification except for local engineering work noted below in 
Sec. 276.6(e). The work proposed for certification must meet the 
following requirements: The work will be separately useful even if the 
Federal Government does not authorize and construct the contemplated 
project; the work to be accomplished by the non-Federal entity will not 
create a potential hazard; certification of the proposal will be in the 
general public interest.
    (d) Costs assigned to that part of the local improvement that would 
constitute an integral part of the prospective recommended Federal plan 
can be included for credit toward required local cooperation. The amount 
creditable shall equal the expenditures made by the non-Federal entity 
for work that would have been accomplished at Federal expense if the 
entire project were carried out by the Corps of Engineers. However, 
credit will not exceed the amount the District Engineer considers a 
reasonable estimate of the reduction in Federal expenditures resulting 
from the local work. Costs of subsequent maintenance will not be 
credited. In the event that the local construction work is financed by a 
Federal non-reimbursable grant or Federal funds from other Federal 
sources, the amount creditable against future local cooperation 
requirements shall be reduced by a commensurate amount. However, there 
will be no corresponding reduction in the benefits credited for the 
local improvement.
    (e) Local interests are responsible for developing all necessary 
engineering plans and specifications for the work they propose to 
undertake. However, those non-Federal engineering costs and overhead 
costs directly attributable to the creditable part of local work may be 
included in the amount credited.

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