[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: 33CFR276.5]



[Page 375-376]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 276_WATER RESOURCES POLICIES AND AUTHORITIES: APPLICATION OF SECTION 

134a OF PUBLIC LAW 94-587--Table of Contents

 

Sec.  276.5  Legislative history.



    Discussion of this legislation is contained in the reports by the 

Senate



[[Page 376]]



Committee on Public Works and the House Committee on Public Works and 

Transportation which accompanied S. 3823, the Water Resources 

Development Act of 1976 (Pub. L. 94-587). These reports make clear that 

Congress intended to encourage local communities to assume 

responsibility and accelerate local cooperation in reducing urban 

flooding dangers without committing the United States to any future 

Federal expenditure. The Senate Committee report noted that some 

communities might be reluctant to undertake compatible local flood 

control measures for fear that the local work would jeopardize the 

potentially favorable cost-benefit ratio of a prospective Federal 

project. The Act authorizes establishing a procedure for certification 

of certain local improvements undertaken for the purpose of flood 

control. Cost assignable to that part of the local improvement that 

would constitute an integral part of a prospective Federal plan would be 

eligible to be recommended for credit toward required local cooperation. 

The Senate Committee report specifically stated that:



    * * * This flexibility should in no way be interpreted as a Federal 

assurance of late approval of any project. While it is in no way a 

Federal commitment, this provision assures the city that the work it 

undertakes, once certified, will not be removed from the cost-benefit 

analysis. and it assures the city that such local work will be credited 

toward the local costs of cooperation, should the project be later 

authorized. This will not, however, qualify the community for any cash 

refunds. If the local costs on such certified work exceed the local 

share, when later computed, the local government must assume that extra 

cost. * * *