[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: 33CFR209.220]



[Page 153-154]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 209_ADMINISTRATIVE PROCEDURE--Table of Contents

 

Sec.  209.220  Flood control regulations.



    (a) Local protection works. On projects authorized subject to 

specified conditions of local cooperation, no construction is undertaken 

by the Department of the Army until satisfactory assurances of the 

required local cooperation have been accepted by the Secretary of



[[Page 154]]



the Army and until any lands, easements, and rights-of-way required to 

be furnished by local interests have been made available for at least a 

complete unit of the project. The District Engineers notify local 

interests concerned of the requirements of local cooperation and request 

assurances by registered mail prior to the preparation of final plans 

and specifications. Regulations prescribed by the Secretary of the Army 

for the maintenance and operation of local flood protection works are 

contained in Sec.  208.10 of this chapter. When assurances satisfactory 

to the District Engineer are received, they are forwarded through the 

Division Engineer to the Chief of Engineers for consideration of the 

Secretary of the Army. The District Engineers advise local interests of 

the action taken by the Department. Completed projects or completed 

useful units thereof are normally turned over to local interests for 

maintenance and operation as soon as the construction and testing of 

equipment is completed and the project is in proper condition for the 

assumption of maintenance and operation by local interests. The transfer 

is accomplished by formal notice from the District Engineer to the local 

interests that the completed facilities are being turned over to them 

for maintenance and operation as of a specific date. During 

construction, District Engineers keep the local interests concerned 

advised as to the probable date of transfer.

    (b) Use of storage allocated for flood control or navigation at 

reservoirs constructed wholly or in part with Federal funds. Regulations 

prescribed by the Secretary of the Army in accordance with section 7 of 

the Flood Control Act of December 22, 1944 (58 Stat. 890; 33 U.S.C. 709) 

are for the purpose of coordinating the operation of the flood control 

features of reservoirs constructed wholly or in part with Federal funds 

and other flood control improvements to obtain the maximum protection 

from floods which can reasonably be obtained with the proper operation 

of all flood control improvements. Proposed regulations are determined 

by the District Engineer in cooperation with the persons responsible for 

the maintenance and operation of the reservoir involved after a detailed 

study of the flood problems and the characteristics of the reservoir 

project. The proposed regulations are forwarded by the District Engineer 

through the Division Engineer to the Chief of Engineers for 

consideration of the Secretary of the Army. When approved by the 

Secretary of the Army, these regulations are published in part 208 of 

this chapter.