[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: 33CFR263.23]



[Page 359-360]

 

                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 C_Flood Control Policy

 

Sec.  263.23  Small flood control project authority (Section 205).





    (a) Legislative authority. Section 205 of the Flood Control Act 

approved 30 June 1948, as amended by section 205 of the Flood Control 

Act approved 23 October 1962, section 61 of the Water Resources 

Development Act approved 7 March 1974, and section 133(b) of the Water 

Resources Development Act approved 22 October 1976, states:



    The Secretary of the Army is authorized to allot from any 

appropriations heretofore or hereafter made for flood control, not to 

exceed $30,000,000 for any one fiscal year, for the construction of 

small projects for flood control and related purposes not specifically 

authorized by Congress, which come within the provisions of Section 1 of 

the Flood Control Act of June 22, 1936, when in the opinion of the Chief 

of Engineers such work is advisable. The amount allotted for a project 

shall be sufficient to complete Federal participation in the project. 

Not more than $2,000,000 shall be allotted under this section for a 

project at any single locality, except that not more than $3,000,000 

shall be allotted under this section for a project at a single locality 

if such project protects an area which has been declared to be a major 

disaster area pursuant to the Disaster Relief Act of 1966 or the 

Disaster Relief Act of 1970 in the five-year period immediately 

preceding the date the Chief of Engineers deems such work advisable. The 

provisions of local cooperation specified in Section 3 of the Flood 

Control Act of June 22, 1936, as amended, shall apply. The work shall be 

complete in itself and not commit the United States to any additional



[[Page 360]]



improvement to insure its successful operation, except as may result 

from the normal procedure applying to projects authorized after 

submission of preliminary examination and survey reports.



    (b) Non-Federal responsibilities for dam and reservoir project. All 

new projects under this authority, including dams and reservoirs, are 

considered local protection projects. Non-Federal responsibilities for 

such dams and reservoirs will thus include the usual lands, easements, 

right-of-way, and other requirements of local protection projects. 

Similarly, non-Federal interests must operate the flood control features 

of any dam or reservoir in accordance with regulations prescribed under 

the authority contained in section 7 of the Flood Control Act of 

December 1944.

    (c) Major disaster area. Determination of a ``major disaster area'' 

can be made only by the President, pursuant to the Disaster Relief Acts 

cited above.

    (d) Local cooperation. As stated in para 1a of this part, the 

provisions of section 3, Flood Control Act of 1936, as amended (33 

U.S.C. 701c), are applicable. Other requirements shall be recommended by 

reporting officers to insure the long-term viability of the plan and the 

attainment of benefits from the plan. Consideration of land enhancement 

shall be in accordance with EM 1120-2-109.

    (e) Limitation on erosion protection. This authority shall not be 

used for protecting against bank erosion. However, bank stabilization 

may be included as an integral part of a plan for preventing flood 

damage.



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