[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: 33CFR240.4]



[Page 331]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 240_GENERAL CREDIT FOR FLOOD CONTROL--Table of Contents

 

Sec.  240.4  Legislative provisions.



    Section 104 authorizes and directs the development of guidelines 

which include criteria for determining whether work carried out by local 

interests is compatible with a project for flood control. Compatible 

work which was carried out prior to project authorization, before 17 

November 1986 but after 17 November 1981, may be considered part of the 

project and credited against the non-Federal share of the cost of 

project, if the local sponsor applied for consideration of such work not 

later than 31 March 1987. Local work to be carried out after 17 November 

1986 must receive Army approval prior to construction to be eligible for 

credit, taking into account the economic and environmental feasibility 

of the project. (Such approval can only be given on the basis of the 

guidelines required to be issued pursuant to section 104(a); hence, the 

law is silent with respect to work performed between 17 November 1986 

and the effective date of the guidelines.) The credit will not relieve 

the non-Federal sponsor of the requirement to pay 5 percent of the 

project costs in cash during construction of the remainder of the 

project. This legislative authority also provides that benefits and 

costs of compatible work will be considered in the economic evaluation 

of the Federal project. This includes the costs and benefits of 

compatible local work which was carried out after 17 November 1981 or 

within the 5 years prior to the initial obligation of reconnaissance 

study funds if that should establish a later date.