[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: 33CFR276.7]



[Page 377]

 

                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.  276.7  Procedures.



    (a) Non-Federal entities desiring certification credit under the 

provisions of section 134a of Pub. L. 94-587 should confer with the 

District Engineer and submit a written application to him. The 

application will include full description of planned work, plans, 

sketches, and similar engineering data and information sufficient to 

permit analysis of the local proposal.

    (b) The District Engineer shall review the engineering adequacy of 

the local proposal and its relation to the possible selected Federal 

Plan and determine what part of the proposed local improvement would be 

eligible for certification. Prior to certification, the District 

Engineer will obtain the concurrence--through the Division Engineer and 

the Chief of Engineers--of the Assistant Secretary of the Army (Civil 

Works) by forwarding a copy of the draft survey report and providing 

information on:

    (1) Coordination with local interests including results of public 

meetings and circulation of the draft EIS.

    (2) Basis for concluding the local plan is appropriate in relation 

to the prospective Federal plan.

    (3) Total estimated cost of creditable work.

    (4) The urgency for proceeding with the local plan.

    (c) The District Engineer shall reply by letter stating to the local 

applicant what local work and costs can reasonably be expected to be 

creditable under the provisions of section 134a. This letter shall be 

the certification contemplated under section 134a. The certification 

shall include the following conditions:

    (1) Issuance of certification shall not be interpreted as a Federal 

assurance regarding later approval of any project nor shall it commit 

the United States to any type of reimbursement if a Federal project is 

not undertaken.

    (2) Issuance of the certification does not eliminate the need for 

compliance with other Federal, State, and local requirements, including 

any requirements for permits, Environmental Impact Statements, etc.

    (3) If the improvement proposed by the non-Federal entity includes 

work that will not become a part of the Federal project, the means of 

determining the part eligible for reimbursement shall be fully defined.

    (4) Certification shall expire 3 years after the date of 

certification if the non-Federal entity has not commenced the work 

contemplated by the certification.

    (d) The non-Federal entity will notify the District Engineer when 

work commences. The District Engineer will conduct periodic and final 

inspections. Upon completion of local work, local interests shall 

provide the District Engineer details of the work accomplished and the 

actual costs directly associated therewith. The District Engineer shall 

audit claimed costs to a certain and confirm those costs properly 

creditable and shall inform the non-Federal entity of the audit results.

    (e) During further Corps studies, the local work actually 

accomplished that would constitute a legitimate part of the overall 

recommended Federal project may be incorporated within any plan later 

recommended for authorization. It shall be permissible to include the 

accepted costs of such certified local improvement and the flood control 

benefits properly attributable thereto in the benefit-cost computations 

for the recommended plan.

    (f) If the Corps report recommends Federal authorization of a plan 

that incorporates credit for local work certified under section 134a, 

the report shall include a specific recommendation to cover this credit 

and shall provide full identification and description of the local work 

for which such credit is recommended.

    (g) The District Engineer shall submit a copy of his certification 

letter and notification of creditable costs of completed work to the 

Assistant Secretary of the Army (Civil Works) through the Division 

Engineer and the Chief of Engineers.

    (h) All justification sheets supporting new start recommendations 

for Advance Engineering and Design or Construction projects will include 

information on certification activities in the paragraph on local 

cooperation. The information should include but not be limited to date 

of certification, work completion, description and cost of credit work.



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