[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: 33CFR240.8]



[Page 334]

 

                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.  240.8  Credit criteria for projects authorized after 17 November 

1986.



    (a) In general, for projects authorized after 17 November 1986, work 

eligible for credit will be explicitly addressed in recommendations to 

Congress. If a report has been submitted to Congress, work on an element 

of the recommended Federal project or work that reduces its construction 

cost can be considered for credit.

    (b) Local work initiated after 17 November 1981 or within 5 years 

before the first obligation of funds for the reconnaissance study began, 

whichever is later, can be incorporated into the recommended plan for 

the purpose of economic evaluation. However, credit can be considered 

only for local work undertaken after the end of the reconnaissance study 

and for which a credit application has been acted upon prior to 

construction pursuant to Sec.  240.9 procedures. (For any portion of 

such work undertaken prior to 17 November 1986, credit may be granted 

only if a letter application was received prior to 31 March 1987.) If 

such work was undertaken between 17 November 1986 and the effective date 

of this regulation, an after-the-fact application pursuant to the Sec.  

240.9 procedures will be accepted.

    (c) Reports recommending Federal participation in a plan should 

include the following, ``Future non-Federal expenditures for 

improvements that, prior to their construction, are found to be 

compatible with the plan recommended herein, as it may be subsequently 

modified, will entitle the (sponsor's name) to consideration for credit 

in accordance with the guidelines established under section 104, Pub. L. 

99-662.''

    (d) All costs for non-Federal work incorporated in the recommended 

plan in accordance with this paragraph shall be included in total 

project first costs and will therefore be subject to cost sharing. 

Related benefits will be included in the project's economic evaluation.