[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: 33CFR203.83]



[Page 24-25]

 

                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.  203.83  Additional requirements.



    (a) Maintenance deficiencies. Rehabilitation, Emergency Water, Post 

Flood Response, and Advance Measures authorities may not be used to 

correct deferred or deficient maintenance. Such correction must be 

accomplished by, or at the expense of, local interests. This may include 

restoring normal levee or dune height after subsidence, replacement of 

deteriorated components such as outlet structures and pipes, removal of 

debris, and new construction items such as protection against erosion. 

This restriction on use of these authorities does not preclude 

furnishing flood fight assistance during an emergency.

    (b) Areas of minor damage, flood control works. Separable areas with 

minor damage will be included in the maintenance program of local 

interests.

    (c) Minor completion items. Local interests should be responsible 

for minor completion items, such as dressing fills, placing sod, or 

seeding completed work.

    (d) Adequacy of requirements of local cooperation. In determining 

the adequacy of the pledge of local cooperation, district/division 

commanders must consider the local sponsor's performance capability, 

taking into account any shortcomings in meeting prior commitments. Local 

sponsors should make provisions to establish and provide resources for a 

``Contingency Fund'' to meet future maintenance requirements if apparent 

inadequacies of protective works indicate maintenance costs will be 

unusually high. Local sponsors should make provisions to establish and 

provide resources for a ``Capital Improvement Fund'' to meet future 

costs of capital



[[Page 25]]



improvement projects such as replacement of culverts in levees, pump 

station equipment, etc.

    (e) Eligibility under other Federal programs. The Cooperation 

Agreement must be worded to allow local interests to accept funding from 

other Federal programs for meeting the local responsibility. For 

example, removal of temporary works will be without cost under Corps 

Public Law 84-99 assistance, but will not be ``at no cost to the United 

States.'' Use of another Federal agency's funds is contingent upon that 

agency providing the Corps written assurance that such usage does not 

violate any existing laws or rules concerning the usage or expenditure 

of such funds.