[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: 33CFR276.7]

[Page 368]
 
                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. 276.7  Procedures.

    (a) Non-Federal entities desiring certification credit under the 
provisions of section 134a of Pub. L. 94-587 should confer with the 
District Engineer and submit a written application to him. The 
application will include full description of planned work, plans, 
sketches, and similar engineering data and information sufficient to 
permit analysis of the local proposal.
    (b) The District Engineer shall review the engineering adequacy of 
the local proposal and its relation to the possible selected Federal 
Plan and determine what part of the proposed local improvement would be 
eligible for certification. Prior to certification, the District 
Engineer will obtain the concurrence--through the Division Engineer and 
the Chief of Engineers--of the Assistant Secretary of the Army (Civil 
Works) by forwarding a copy of the draft survey report and providing 
information on:
    (1) Coordination with local interests including results of public 
meetings and circulation of the draft EIS.
    (2) Basis for concluding the local plan is appropriate in relation 
to the prospective Federal plan.
    (3) Total estimated cost of creditable work.
    (4) The urgency for proceeding with the local plan.
    (c) The District Engineer shall reply by letter stating to the local 
applicant what local work and costs can reasonably be expected to be 
creditable under the provisions of section 134a. This letter shall be 
the certification contemplated under section 134a. The certification 
shall include the following conditions:
    (1) Issuance of certification shall not be interpreted as a Federal 
assurance regarding later approval of any project nor shall it commit 
the United States to any type of reimbursement if a Federal project is 
not undertaken.
    (2) Issuance of the certification does not eliminate the need for 
compliance with other Federal, State, and local requirements, including 
any requirements for permits, Environmental Impact Statements, etc.
    (3) If the improvement proposed by the non-Federal entity includes 
work that will not become a part of the Federal project, the means of 
determining the part eligible for reimbursement shall be fully defined.
    (4) Certification shall expire 3 years after the date of 
certification if the non-Federal entity has not commenced the work 
contemplated by the certification.
    (d) The non-Federal entity will notify the District Engineer when 
work commences. The District Engineer will conduct periodic and final 
inspections. Upon completion of local work, local interests shall 
provide the District Engineer details of the work accomplished and the 
actual costs directly associated therewith. The District Engineer shall 
audit claimed costs to a certain and confirm those costs properly 
creditable and shall inform the non-Federal entity of the audit results.
    (e) During further Corps studies, the local work actually 
accomplished that would constitute a legitimate part of the overall 
recommended Federal project may be incorporated within any plan later 
recommended for authorization. It shall be permissible to include the 
accepted costs of such certified local improvement and the flood control 
benefits properly attributable thereto in the benefit-cost computations 
for the recommended plan.
    (f) If the Corps report recommends Federal authorization of a plan 
that incorporates credit for local work certified under section 134a, 
the report shall include a specific recommendation to cover this credit 
and shall provide full identification and description of the local work 
for which such credit is recommended.
    (g) The District Engineer shall submit a copy of his certification 
letter and notification of creditable costs of completed work to the 
Assistant Secretary of the Army (Civil Works) through the Division 
Engineer and the Chief of Engineers.
    (h) All justification sheets supporting new start recommendations 
for Advance Engineering and Design or Construction projects will include 
information on certification activities in the paragraph on local 
cooperation. The information should include but not be limited to date 
of certification, work completion, description and cost of credit work.

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