[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: 33CFR203.46]



[Page 13-14]

 

                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.  203.46  Restrictions.



    (a) Restrictions to flood control works. Flood control works are 

designed and constructed to have appreciable and dependable protection 

in preventing damage from irregular and unusual rises in water levels. 

Structures built primarily for the purposes of channel alignment, 

navigation, recreation, fish and wildlife enhancement, land reclamation, 

habitat restoration, drainage, bank protection, or erosion protection 

are generally ineligible for Public Law 84-99 Rehabilitation Assistance.

    (b) Non-flood related rehabilitation. Rehabilitation of flood 

control structures damaged by occurrences other than floods, hurricanes, 

or coastal storms will generally not be provided under Public Law 84-99.

    (c) Maintenance and deterioration deficiencies. Rehabilitation under 

Public Law 84-99 will not be provided for either Federal or non-Federal 

flood control projects that, as a result of poor maintenance or 

deterioration, require substantial reconstruction. All deficient or 

deferred maintenance existing when flood damage occurs will be 

accomplished by, or at the expense of, the non-Federal sponsor, either 

prior to or concurrently with authorized rehabilitation work. When work 

accomplished by the Corps corrects deferred or deficient maintenance, 

the estimated deferred or deficient maintenance cost will not be 

included as contributed non-Federal funds, and will be in addition to 

cost-sharing requirements addressed in Sec.  203.82. Failure of project 

sponsors to correct deficiencies noted



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during Continuing Eligibility Inspections may result in ineligibility to 

receive Rehabilitation Assistance under Public Law 84-99.

    (d) Economic justification. No flood control work will be 

rehabilitated unless the work required satisfies Corps criteria for a 

favorable benefit-to-cost ratio, and the construction cost of the work 

required exceeds $15,000. Construction costs greater than $15,000 do not 

preclude the Corps from making a determination that the required work is 

a maintenance responsibility of the non-Federal sponsor, and not 

eligible for Corps Rehabilitation Assistance.