[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: 33CFR203.44]



[Page 13]

 

                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.  203.44  Rehabilitation of non-Federal flood control works.



    (a) Scope of work. The Corps will provide assistance in the 

rehabilitation of non-Federal projects only when repairs are clearly 

beyond the normal physical and financial capabilities of the project 

sponsor. The urgency of the work required will be considered in 

determining the sponsor's capability.

    (b) Eligibility for Rehabilitation Assistance. A flood control 

project is eligible for Rehabilitation Assistance provided that the 

project is in an Active status at the time of the flood event, the 

damage was caused by the flood event, the work can be economically 

justified, and the work is not otherwise prohibited by this subpart D.

    (c) Work at non-Federal expense. At the earliest opportunity prior 

to commencement of or during authorized rehabilitation work, the Corps 

will inform the project sponsor of any work that must be accomplished at 

non-Federal cost. This includes costs to correct maintenance 

deficiencies, and any modifications that are necessary to preserve the 

integrity of the project.

    (d) Nonconforming works. Any non-Federal project constructed or 

modified without the appropriate local, State, tribal, and/or Federal 

permits, or waivers thereof, will not be rehabilitated under Public Law 

84-99.

    (e) Cooperation Agreements. A Cooperation Agreement is required in 

accordance with subpart G of this part.