[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: 33CFR276.6]



[Page 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.  276.6  General policy.



    (a) This provision will be applied only at locations where a 

congressionally authorized study is underway or where the study report 

has been forwarded for Executive Branch review or for consideration by 

Congress. If a study is underway, the District Engineer must have held 

the final public meeting and filed a draft EIS with CEQ prior to 

certification. Certification will be in response to a specific request 

from a State, city, municipality or public agency that is the 

prospective local sponsoring agency for the contemplated Federal plan 

under study.

    (b) Work eligible for certification shall be limited to that part of 

the local improvement directly related to a flood control purpose.

    (c) Only local work commenced after certification shall be eligible 

for certification except for local engineering work noted below in Sec.  

276.6(e). The work proposed for certification must meet the following 

requirements: The work will be separately useful even if the Federal 

Government does not authorize and construct the contemplated project; 

the work to be accomplished by the non-Federal entity will not create a 

potential hazard; certification of the proposal will be in the general 

public interest.

    (d) Costs assigned to that part of the local improvement that would 

constitute an integral part of the prospective recommended Federal plan 

can be included for credit toward required local cooperation. The amount 

creditable shall equal the expenditures made by the non-Federal entity 

for work that would have been accomplished at Federal expense if the 

entire project were carried out by the Corps of Engineers. However, 

credit will not exceed the amount the District Engineer considers a 

reasonable estimate of the reduction in Federal expenditures resulting 

from the local work. Costs of subsequent maintenance will not be 

credited. In the event that the local construction work is financed by a 

Federal non-reimbursable grant or Federal funds from other Federal 

sources, the amount creditable against future local cooperation 

requirements shall be reduced by a commensurate amount. However, there 

will be no corresponding reduction in the benefits credited for the 

local improvement.

    (e) Local interests are responsible for developing all necessary 

engineering plans and specifications for the work they propose to 

undertake. However, those non-Federal engineering costs and overhead 

costs directly attributable to the creditable part of local work may be 

included in the amount credited.



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