[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: 33CFR263.22]



[Page 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.  263.22  Authority for snagging and clearing for navigation 

(Section 3).



    (a) Legislative authority. Section 3 of the River and Harbor Act 

approved 2 March 1945, states:



    The Secretary of the Army is hereby authorized to allot not to 

exceed $300,000 from any appropriations made prior to or after March 2, 

1945, for any one fiscal year for improvement of rivers and harbors, for 

removing accumulated snags and other debris, and for protection, 

clearing and straightening channels in navigable harbors and navigable 

streams and tributaries thereof, when in the opinion of the Chief of 

Engineers such work is advisable in the interest of navigation or flood 

control.



    (b) Policy--(1) Eligible work. It is the policy of the Chief of 

Engineers to utilize this authority primarily for emergency work to 

benefit navigation. Work pursuant to this authority is undertaken as an 

emergency measure to clear or remove unreasonable obstructions to 

navigation in navigable portions of rivers, harbors and other waterways 

of the United States, or tributaries thereof, in order to provide 

existing traffic with immediate and significant benefit. When recurring 

maintenance work will be required to secure enduring benefits from the 

initial work, local interests should be informed that they will have to 

bear the costs of such recurring maintenance until such time as 

maintenance at that location may become part of a project specifically 

authorized by Congress and subsequently funded.

    (2) Ineligible work. In addition to the ineligible work listed in 

para 5 of the basic regulation, the following work is also ineligible 

under this authority:

    (i) Normal shoaling process. When the condition for which the 

remedial work is requested resulted from the normal shoaling process 

associated with that particular reach of waterway and not from a sudden 

occurrence.

    (ii) Work within the limits of authorized projects. This restriction 

applies where authorized new work remains to be accomplished unless an 

emergency results from aggravated conditions arising subsequent to the 

authorization of the project. In that event, corrective measures will be 

limited to restoration of conditions existing at the time of such 

authorization.

    (iii) General widening or deepening. No general widening or 

deepening will be accomplished to meet the desires of navigation 

interests to use larger vessels.

    (c) Local cooperation. Local cooperation requirements for projects 

under the Section 3 authority are those normally recommended for similar 

work authorized by Congress.