[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: 33CFR203.46]

[Page 13-14]
 
                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.  203.46  Restrictions.

    (a) Restrictions to flood control works. Flood control works are 
designed and constructed to have appreciable and dependable protection 
in preventing damage from irregular and unusual rises in water levels. 
Structures built primarily for the purposes of channel alignment, 
navigation, recreation, fish and wildlife enhancement, land reclamation, 
habitat restoration, drainage, bank protection, or erosion protection 
are generally ineligible for Public Law 84-99 Rehabilitation Assistance.
    (b) Non-flood related rehabilitation. Rehabilitation of flood 
control structures damaged by occurrences other than floods, hurricanes, 
or coastal storms will generally not be provided under Public Law 84-99.
    (c) Maintenance and deterioration deficiencies. Rehabilitation under 
Public Law 84-99 will not be provided for either Federal or non-Federal 
flood control projects that, as a result of poor maintenance or 
deterioration, require substantial reconstruction. All deficient or 
deferred maintenance existing when flood damage occurs will be 
accomplished by, or at the expense of, the non-Federal sponsor, either 
prior to or concurrently with authorized rehabilitation work. When work 
accomplished by the Corps corrects deferred or deficient maintenance, 
the estimated deferred or deficient maintenance cost will not be 
included as contributed non-Federal funds, and will be in addition to 
cost-sharing requirements addressed in Sec.  203.82. Failure of project 
sponsors to correct deficiencies noted

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during Continuing Eligibility Inspections may result in ineligibility to 
receive Rehabilitation Assistance under Public Law 84-99.
    (d) Economic justification. No flood control work will be 
rehabilitated unless the work required satisfies Corps criteria for a 
favorable benefit-to-cost ratio, and the construction cost of the work 
required exceeds $15,000. Construction costs greater than $15,000 do not 
preclude the Corps from making a determination that the required work is 
a maintenance responsibility of the non-Federal sponsor, and not 
eligible for Corps Rehabilitation Assistance.