[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: 33CFR239.8]



[Page 330]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 239_WATER RESOURCES POLICIES AND AUTHORITIES: FEDERAL PARTICIPATION 

IN COVERED FLOOD CONTROL CHANNELS--Table of Contents

 

Sec.  239.8  Cost sharing.



    At local protection projects local interests are required to provide 

all lands, easements, rights-of-way and all alterations and relocations 

of utilities, streets, bridges, buildings, storm drains and other 

structures and improvements; hold and save the United States free from 

damages due to the construction works except damages due to the fault or 

negligence of the United States or its contractor; and assume operation 

and maintenance of the works after completion. In addition, local 

interests are required to provide additional cost sharing to reflect 

special local benefits or betterments. Such additional special cost 

sharing will not be required for covered channels when the addition of 

the cover increases net NED flood control benefits when compared to the 

open channel or when they are provided for safety in schoolyards, 

playgrounds, or other known play areas for juveniles. However, the 

separable cost of providing covers for mitigating SWB or RD impacts or 

to provide areas for public or private uses such as parking, or the 

provision of areas for recreation development, etc., will be assigned to 

local interests. The separable cost of recreational facilities to be 

constructed on or adjacent to the cover, i.e., picnic facilities, etc., 

are eligible for Federal participation in accordance with cost-sharing 

policies for recreation facilities at local protection projects. Cost-

sharing policies for project features which are included to make 

positive contributions to the EQ account are being developed. Until such 

policies are developed, proposals to cover channels on this basis will 

be coordinated with HQDA (DAEN-CWP), Washington, D.C. 20314.



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