[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: 33CFR203.49]



[Page 15-16]

 

                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.  203.49  Rehabilitation of Hurricane and Shore Protection Projects.



    (a) Authority. The Chief of Engineers is authorized to rehabilitate 

any Federally authorized hurricane or shore protection structure damaged 

or destroyed by wind, wave, or water action of an other than ordinary 

nature when, in the discretion of the Chief of Engineers, such 

rehabilitation is warranted for the adequate functioning of the project.

    (b) Policies. (1) Rehabilitation of HSPP's is limited to the repair/

restoration of the HSPP to a pre-storm condition that allows for the 

adequate functioning of the project, provided that the damage was caused 

by an extraordinary storm.

    (2) To be eligible for Rehabilitation Assistance, HSPP's must be:

    (i) A completed element of a Federally authorized project; or,

    (ii) A portion of a Federally authorized project constructed by non-

Federal interests when approval of such construction was obtained from 

the Commander, Headquarters, U.S. Army Corps of Engineers (HQUSACE), or 

his designated representative; or,

    (iii) A portion of a Federally authorized project constructed by 

non-Federal interests and designated by an Act of Congress as a Federal 

project; and

    (3) Rehabilitation Assistance for sacrificial features will be 

limited to that necessary to reduce the immediate threat to life and 

property, or restoration to pre-storm conditions, whichever is less.

    (4) To be eligible for rehabilitation, the sacrificial features of 

an HSPP must be substantially eroded by wind, wave, or water action of 

an other than ordinary nature. The determination of whether a storm 

qualifies as extraordinary will be made by the Director of Civil Works, 

and may be delegated to the Chief, Operations Division, Directorate of 

Civil Works.

    (5) Rehabilitation will not be provided for uncompleted HSPP's. An 

HSPP (or separable portion thereof) is considered completed when 

transferred to the non-Federal sponsor for operation and maintenance.

    (6) Definition of extraordinary storm. An extraordinary storm is a 

storm that, due to prolongation or severity, creates weather conditions 

that cause significant amounts of damage to a Hurricane/Shore Protection 

Project. ``Prolongation or severity'' means a Category 3 or higher 

hurricane as measured on the Saffir-Simpson scale, or a storm that has 

an exceedance frequency equal to or greater than the design storm of the 

project. ``Significant



[[Page 16]]



amounts of damage'' have occurred when:

    (i) The cost of the construction effort to effect repair of the HSPP 

or separable element thereof (exclusive of dredge mobilization and 

demobilization costs) exceeds $1 million and is greater than two percent 

of the original construction cost (expressed in current day dollars) of 

the HSPP or separable element thereof; or,

    (ii) The cost of the construction effort to effect repair of the 

HSPP or separable element thereof (exclusive of dredge mobilization and 

demobilization costs) exceeds $6 million; or,

    (iii) More than one-third of the planned or historically placed sand 

for renourishment efforts for the HSPP (or separable element thereof) is 

lost.

    (c) Procedural requirements. Rehabilitation of HSPP'S will be done 

in accordance with Sec.  203.45, except as modified by this section.

    (d) Combined rehabilitation and periodic nourishment. In some cases, 

the non-Federal sponsor may wish to fully restore the sacrificial 

features of a project where only a partial restoration is justifiable as 

Rehabilitation Assistance. In these cases, a cost allocation between 

Rehabilitation Assistance and periodic nourishment under the terms of 

the project PCA will be determined by the Director of Civil Works.