[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR203.15]



[Page 8-9]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 203_EMERGENCY EMPLOYMENT OF ARMY AND OTHER RESOURCES, NATURAL 

DISASTER PROCEDURES--Table of Contents

 

                         Subpart A_Introduction

 

Sec.  203.15  Definitions.



    The following definitions are applicable throughout this part:

    Federal project. A project constructed by the Corps, and 

subsequently turned over to a local sponsor for operations and 

maintenance responsibility. This definition also includes any project 

specifically designated as a Federal project by an Act of Congress.

    Flood control project: A project designed and constructed to have 

appreciable and dependable effects in preventing damage from irregular 

and unusual rises in water level. For a multipurpose project, only those 

components that are necessary for the flood control function are 

considered eligible for Rehabilitation Assistance.

    Governor. All references in part 203 to the Governor of a State also 

refer to: the Governors of United States commonwealths, territories, and 

possessions; and the Mayor of Washington, D.C.

    Hurricane/Shore Protection Project (HSPP). A flood control project 

designed and constructed to have appreciable and predictable effects in 

preventing damage to developed areas from the impacts of hurricanes, 

tsunamis, and coastal storms. These effects are primarily to protect 

against wave action, storm surge, wind, and the complicating factors of 

extraordinary high tides. HSPP's include projects known as shore 

protection projects, shore protection structures, periodic nourishment 

projects, shore enhancement projects, and similar terms. Components of 

an HSPP may include both hard (permanent construction) and soft 

(sacrificial, i.e., sand) features.

    Non-Federal project. A project constructed with non-Federal funds, 

or a project constructed by tribal, State, local, or private interests, 

or a component of such a project. A project constructed under Federal 

emergency disaster authorities, such as Public Law 84-99 or the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 

U.S.C. 5121, et seq.) (hereinafter referred to as the Stafford Act), is 

a non-Federal project unless it repairs or replaces an existing Federal 

project. Works Progress Administration (WPA) projects, and projects 

funded completely or partially by other (non-Corps) Federal agencies, 

are considered non-Federal projects for the application of Public Law 

84-99 authority.

    Non-Federal sponsor. A non-Federal sponsor is a public entity that 

is a legally constituted public body with full authority and capability 

to perform the terms of its agreement as the non-Federal partner of the 

Corps for a project, and able to pay damages, if necessary, in the event 

of its failure to perform. A non-Federal sponsor may be a State, County, 

City, Town, Federally recognized Indian Tribe or tribal organization, 

Alaska Native Corporation, or any political subpart of a State or group 

of states that has the legal and financial authority and capability to 

provide the necessary cash contributions and LERRD's necessary for the 

project.

    Repair and rehabilitation. The term ``repair and rehabilitation'' 

means the repair or rebuilding of a flood control structure, after the 

structure has been damaged by a flood, hurricane, or coastal storm, to 

the level of protection provided by the structure prior to the flood, 

hurricane, or coastal storm. ``Repair and rehabilitation'' does not 

include improvements (betterments) to



[[Page 9]]



the structure, nor does ``repair and rehabilitation'' include any repair 

or rebuilding of a flood control structure that, in the normal course of 

usage, has become structurally unsound and is no longer fit to provide 

the level of protection for which it was designed.