[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: 33CFR263.21]



[Page 358-359]

 

                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 B_Navigation Policy

 

Sec.  263.21  Small navigation project authority.





    (a) Legislative authority. Section 107 of the River and Harbor Act 

of 1960, as amended by Section 310 of the River and Harbor Act of 1965, 

section 112 of the River and Harbor Act of 1970, and section 133(a) of 

the Water Resources Development Act, approved 22 October 1976, states:



    (a) The Secretary of the Army is authorized to allot from any 

appropriations hereafter made for rivers and harbors not to exceed 

$25,000,000 for any one fiscal year for the construction of small river 

and harbor improvement projects not specifically authorized by Congress 

which will result in substantial benefits to navigation and which can be 

operated consistently with appropriate and economic use of the waters of 

the Nation for other purposes, when in the opinion of the Chief of 

Engineers such work is advisable, if benefits are in excess of the 

costs.

    (b) Not more than $2,000,000 shall be allotted for the construction 

of a project under this section at any single locality and the amount 

allotted shall be sufficient to complete the Federal participation in 

the project under this section.

    (c) Local interests shall provide without cost to the United States 

all necessary lands, easements and rights-of-way for all projects to be 

constructed under the authority of this section. In addition, local 

interests may be required to hold and save the United States free from 

damages that may result from the construction and maintenance of the 

project, and may be required to provide such additional local 

cooperation as the Chief of Engineers deems appropriate. A State, 

county, municipality or other responsible local entity shall give 

assurance satisfactory to the Chief of Engineers that such conditions of 

cooperation as are required will be accomplished.

    (d) Non-Federal interests may be required to share in the cost of 

the project to the extent that the Chief of Engineers deems that such 

cost should not be borne by the Federal Government in view of the 

recreational or otherwise special or local nature of the project 

benefits.

    (e) Each project for which money is allotted under this section 

shall be complete in itself and not commit the United States to any 

additional improvement to insure its successful operation other than 

routine maintenance, and except as may result from the normal procedure 

apply to projects authorized after submission of survey reports and 

projects constructed under the authority of this section shall be 

considered as authorized projects.

    (f) This section shall apply to, but not be limited to, the 

provision of low water access navigation channels from the existing 

channel of the Mississippi River to harbor areas heretofore or now 

established and located along the Mississippi River.



    (b) Operation and maintenance responsibility. Projects for 

navigation constructed under the authority of Section 107 will be 

considered the same as authorized projects and are operated and 

maintained by the Corps of Engineers at Federal cost under the same 

procedures and policies as applied to projects specifically authorized 

by Congress. (Reference section 6, Pub. L. 93-251).

    (c) Aids to navigation. Planning and design of channel and other 

navigation improvements should give full consideration to the 

feasibility and costs of establishment by the Coast Guard of suitable 

aids to navigation. The costs for navigation aids to be provided by the 

Corps of Engineers, Coast Guard, State, and local interests, and similar 

project-associated costs, will be included in the economic analysis. 

Project associated expenditures by the Corps of Engineers for aids to 

navigation are included within the cost limitation under the Section 107 

authority, but expenditures by the U.S. Coast Guard are not. The report 

appendix should reproduce the letter from the Coast Guard stating the 

estimated



[[Page 359]]



number, type and cost of navigation aids and their maintenance cost.

    (d) Local cooperation. Local cooperation requirements for projects 

under the Sec. 107 authority are those normally recommended for similar 

work authorized by Congress.



[40 FR 51134, Nov. 3, 1975, as amended at 41 FR 56943, Dec. 30, 1976]