[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR203.41]

[Page 11-12]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
PART 203_EMERGENCY EMPLOYMENT OF ARMY AND OTHER RESOURCES, NATURAL DISASTER 
 
 Subpart D_Rehabilitation Assistance for Flood Control Works Damaged by 
 
Sec.  203.41  General.

 Flood or Coastal Storm: The Corps Rehabilitation and Inspection Program


    (a) Authority. Public Law 84-99 authorizes repair and restoration of 
the following types of projects to ensure their continued function:
    (1) Flood control projects.
    (2) Federally authorized and constructed hurricane/shore protection 
projects.
    (b) Implementation of authority. The Rehabilitation and Inspection 
Program (RIP) implements Public Law 84-99 authority to repair and 
rehabilitate flood control projects damaged by floods and coastal storm 
events. The RIP consists of a process to inspect flood control work; a 
status determination, i.e., an inspection-based determination of 
qualification for future Rehabilitation Assistance; and the provision of 
Rehabilitation Assistance to those projects with Active status that are 
damaged in a flood or coastal storm event.
    (c) Active status. In order for a flood control work to be eligible 
for Rehabilitation Assistance, it must be in an Active status at the 
time of damage from a flood or coastal storm event. To gain an Active 
status, a non-Federal flood control work must meet certain

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engineering, maintenance, and qualification criteria, as determined by 
the Corps during an Initial Eligibility Inspection (IEI). To retain an 
Active status, Federal and non-Federal flood control works must continue 
to meet inspection criteria set by the Corps, as determined by the Corps 
during a Continuing Eligibility Inspection (CEI). All flood control 
works not in an Active status are considered to be Inactive, regardless 
of whether or not they have previously received a Corps inspection, or 
Corps assistance.
    (d) Modification of flood control projects. Modification of a flood 
control project to increase the level of protection, or to provide 
protection to a larger area, is beyond the scope of Public Law 84-99 
assistance. Such modifications to Federal projects are normally 
accomplished under congressional authorization and appropriation, or 
under Continuing Authorities Programs of the Corps. Such modifications 
to non-Federal projects are normally accomplished by the non-Federal 
sponsor and local interests. Modifications necessary to preserve the 
structural integrity of an existing non-Federal flood control project 
may be funded by the RIP, but such work must meet the criteria 
established in Sec.  203.47 to be eligible for funding under Public Law 
84-99.