[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: 33CFR203.41]



[Page 11-12]

 

                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 D_Rehabilitation Assistance for Flood Control Works Damaged by 

 Flood or Coastal Storm: The Corps Rehabilitation and Inspection Program

 

Sec.  203.41  General.





    (a) Authority. Public Law 84-99 authorizes repair and restoration of 

the following types of projects to ensure their continued function:

    (1) Flood control projects.

    (2) Federally authorized and constructed hurricane/shore protection 

projects.

    (b) Implementation of authority. The Rehabilitation and Inspection 

Program (RIP) implements Public Law 84-99 authority to repair and 

rehabilitate flood control projects damaged by floods and coastal storm 

events. The RIP consists of a process to inspect flood control work; a 

status determination, i.e., an inspection-based determination of 

qualification for future Rehabilitation Assistance; and the provision of 

Rehabilitation Assistance to those projects with Active status that are 

damaged in a flood or coastal storm event.

    (c) Active status. In order for a flood control work to be eligible 

for Rehabilitation Assistance, it must be in an Active status at the 

time of damage from a flood or coastal storm event. To gain an Active 

status, a non-Federal flood control work must meet certain



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engineering, maintenance, and qualification criteria, as determined by 

the Corps during an Initial Eligibility Inspection (IEI). To retain an 

Active status, Federal and non-Federal flood control works must continue 

to meet inspection criteria set by the Corps, as determined by the Corps 

during a Continuing Eligibility Inspection (CEI). All flood control 

works not in an Active status are considered to be Inactive, regardless 

of whether or not they have previously received a Corps inspection, or 

Corps assistance.

    (d) Modification of flood control projects. Modification of a flood 

control project to increase the level of protection, or to provide 

protection to a larger area, is beyond the scope of Public Law 84-99 

assistance. Such modifications to Federal projects are normally 

accomplished under congressional authorization and appropriation, or 

under Continuing Authorities Programs of the Corps. Such modifications 

to non-Federal projects are normally accomplished by the non-Federal 

sponsor and local interests. Modifications necessary to preserve the 

structural integrity of an existing non-Federal flood control project 

may be funded by the RIP, but such work must meet the criteria 

established in Sec.  203.47 to be eligible for funding under Public Law 

84-99.