[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: 33CFR203.82]



[Page 23-24]

 

                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 G_Local Interests/Cooperation Agreements

 

Sec.  203.82  Requirements of local cooperation.



    It is Corps policy that provision of assistance under Public Law 84-

99 will, insofar as feasible, require local interests to: provide 

without cost to the United States all LERRD's necessary for the 

authorized work; hold and save the United States free from damages due 

to the authorized work, exclusive of damages due to the fault or 

negligence of the United States or its contractor; maintain and operate, 

in a manner satisfactory to the Chief of Engineers, all the works after 

completion. When assistance includes the construction of temporary 

protective works, the maintain and operate clause is modified by adding 

(or substituting, as applicable) the requirement for local interests to 

remove any temporary works constructed by the Corps under Public Law 84-

99. If any permanent works are constructed, then the sponsor is required 

to operate and maintain the project in accordance with requirements 

determined by the Corps.

    (a) Furnishing of LERRD's. This item provides for sites of 

structures, for borrow and disposal areas, and for access. It also 

provides for all other rights in, upon, through, or over private 

property as needed by the United States in connection with the 

authorized work. Performance by the local interests under their 

assurance to furnish LERRD's will normally not be considered a 

contribution. If more advantageous to the Federal Government, borrow and 

disposal areas may be assumed as a Federal responsibility. Easements 

must be provided for future Federal inspection of maintenance or 

removal. If a public agency sponsors a project for a non-public 

applicant, the applicant must provide an easement to the sponsor for 

future maintenance or removal, as well as for Federal inspection. 

Easements should extend to the life of the project.

    (b) Hold and save clause. This clause serves as legal protection of 

the government. Where property concerned is under tenancy, both the 

property owner and the tenant should acknowledge the non-Federal 

sponsor's signed CA.



[[Page 24]]



    (c) Maintain and operate clause. This item is intended to protect 

the investment of government resources and provide proper stewardship of 

resources entrusted to the Corps. This clause must include: ``It is 

understood that the foregoing maintenance and operation requirement 

extends to interrelated features of all protective work under the 

control of (insert name of sponsor, and owner if appropriate).''

    (d) Removal of temporary works. Local interests are responsible for 

the removal of all temporary works constructed by the Corps, which are 

unsuitable for upgrade to permanent structures. Structures may be deemed 

unsuitable due to inherent health, access, or safety problems that could 

result from their location. The wording of this clause must not preclude 

the use of other Federal assistance programs to fund removal.

    (e) Request for retention of temporary flood control works. Local 

interests may ask to retain a temporary structure for protection from 

future floods. This will not be approved by the Corps unless the works 

are upgraded to meet all Corps criteria for permanent projects. Public 

Law 84-99 funds will not be used to upgrade the structure. An upgraded 

project must comply with permitting, environmental, and other regulatory 

and legal requirements. Unless upgraded, such projects are not eligible 

for rehabilitation, and must be removed in accordance with paragraph (d) 

of this section. Unless upgraded, temporary projects which are not 

removed by the local sponsor will cause all projects with the same 

sponsor to lose eligibility for Public Law 84-99 assistance. Local 

interests must initiate action to upgrade or remove the temporary works 

within 30 days after the flood threat has passed.

    (f) Cost sharing. (1) The Federal Government may assume up to 80 

percent of the eligible construction costs for rehabilitation of non-

Federal flood control projects, and up to 100 percent of the eligible 

construction costs for rehabilitation of Federal flood control projects. 

The Federal Government may assume up to 100 percent of the eligible 

construction costs for rehabilitation of HSPP's. Sponsors will provide 

their share of costs as provided for in Sec.  203.84. The sponsor's 

share is in addition to providing costs for LERRD's, and any costs for 

correction of any deferred/deficient maintenance. The Corps will 

determine the dollar value of any in-kind services provided by the local 

sponsor.

    (2) For those unusual occasions where permanent construction (vice 

the temporary standard) for Advance Measures projects is employed, the 

local sponsor will normally be required to provide 25 percent of the 

project cost, in addition to LERRD's.