[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: 33CFR263.14]



[Page 349]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 263_CONTINUING AUTHORITIES PROGRAMS--Table of Contents

 

                            Subpart A_General

 

Sec.  263.14  Program eligibility requirements.



    Work funded under this Program must meet the requirements of Federal 

interest and Corps responsibility set forth in one of the legislative 

authorities referenced in Sec.  263.13. Any project recommended must be 

justified under established Federal planning criteria, must be complete 

in itself and must not obligate the Federal government to future work 

except for those cases in which maintenance by the Federal government is 

provided by applicable provisions of general law. Eligibility is not 

permitted for the following:

    (a) Projects specifically authorized by Congress. The Program will 

not be used to implement any portion of a project specifically 

authorized by Congress, including postauthorization changes to such 

projects. However, once a project has been completed to the full extent 

permitted by its Congressional authorization, this Program could be 

utilized to provide for a new, complete-in-itself improvement which will 

not impair or substantially change the purposes of the specifically 

authorized project.

    (b) Existing non-Federal responsibility. This Program may not be 

utilized for a project that would in effect nullify or change an 

existing condition of non-Federal responsibility required for a project 

specifically authorized by Congress, whether constructed or not. Such 

changes would require Congressional action.

    (c) Operation and maintenance of non-Federal projects. This Program 

may not be used for adoption of a non-Federal project for future 

maintenance at Federal expense.