[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: 33CFR263.25]



[Page 360-361]

 

                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.  263.25  Authority for emergency streambank and shoreline protection 

of public works and nonprofit public services (Section 14).



    (a) Legislative authority. Section 14 of the Flood Control Act 

approved July 24, 1946, as amended by section 27 of the Water Resources 

Development Act approved March 7, 1974, states:



    The Secretary of the Army is authorized to allot from any 

appropriations heretofore or hereinafter made for flood control, not to 

exceed $10,000,000 per year, for the construction, repair, restoration, 

and modification of emergency streambank and shoreline protection works 

to prevent damage to highways, bridge approaches, public works, 

churches, hospitals, schools, and other nonprofit public services, when 

in the opinion of the Chief of Engineers such work is advisable: 

Provided, That not more than $250,000 shall be allotted for this purpose 

at any single locality from the appropriations for any one fiscal year.



    (b) Policy. Work under the Section 14 authority shall serve to 

prevent flood or erosion damages to endangered highways, highway bridge 

approaches, public works, and nonprofit public facilities by the 

construction or repair of emergency streambank and shoreline protection 

works. Eligible highways consist of major highway systems of national 

importance, and principal highways, streets, and roads of importance to 

the local community, such as arterial streets, important access



[[Page 361]]



routes to other communities and adjacent settlements, and roads 

designated as primary farm-to-market roads.

    (1) Work under this authority is not limited in engineering scope 

but the design must be an integrally complete within itself project that 

does not require additional work for effective and successful operation. 

The cost limitation on Federal participation may require that local 

interests supplement the Federal funds, so that combined Federal and 

local efforts will produce a complete, useful improvement.

    (2) Reporting officers must be satisfied that the protection of 

eligible public works and non-profit public services are justified on 

the basis of the National Economic Development and Environmental Quality 

objectives.

    (c) Legislative interpretations. (1) ``Public Works'' are considered 

to be those important and essential public facilities which serve the 

general public and are owned and operated by the Federal, State, or 

local governments, such as municipal water supply systems and sewage 

disposal plants.

    (2) ``Churches, hospitals, schools'' includes churches, and public 

and private non-profit hospitals and schools.

    (3) ``Non-profit public services'' are considered to be facilities 

or structures which serve the general public and are not intended to 

earn a profit. Although they may be publicly used, privately owned, 

profit-making facilities located along streambanks or shore lines are 

not eligible for protection.

    (4) ``Shoreline'' includes, but is not limited to, oceans, gulfs, 

and the Great Lakes.

    (d) Local cooperation. The provisions of Sec.  263.23(d) are 

applicable.