[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: 33CFR203.49]

[Page 15-16]
 
                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.  203.49  Rehabilitation of Hurricane and Shore Protection Projects.

    (a) Authority. The Chief of Engineers is authorized to rehabilitate 
any Federally authorized hurricane or shore protection structure damaged 
or destroyed by wind, wave, or water action of an other than ordinary 
nature when, in the discretion of the Chief of Engineers, such 
rehabilitation is warranted for the adequate functioning of the project.
    (b) Policies. (1) Rehabilitation of HSPP's is limited to the repair/
restoration of the HSPP to a pre-storm condition that allows for the 
adequate functioning of the project, provided that the damage was caused 
by an extraordinary storm.
    (2) To be eligible for Rehabilitation Assistance, HSPP's must be:
    (i) A completed element of a Federally authorized project; or,
    (ii) A portion of a Federally authorized project constructed by non-
Federal interests when approval of such construction was obtained from 
the Commander, Headquarters, U.S. Army Corps of Engineers (HQUSACE), or 
his designated representative; or,
    (iii) A portion of a Federally authorized project constructed by 
non-Federal interests and designated by an Act of Congress as a Federal 
project; and
    (3) Rehabilitation Assistance for sacrificial features will be 
limited to that necessary to reduce the immediate threat to life and 
property, or restoration to pre-storm conditions, whichever is less.
    (4) To be eligible for rehabilitation, the sacrificial features of 
an HSPP must be substantially eroded by wind, wave, or water action of 
an other than ordinary nature. The determination of whether a storm 
qualifies as extraordinary will be made by the Director of Civil Works, 
and may be delegated to the Chief, Operations Division, Directorate of 
Civil Works.
    (5) Rehabilitation will not be provided for uncompleted HSPP's. An 
HSPP (or separable portion thereof) is considered completed when 
transferred to the non-Federal sponsor for operation and maintenance.
    (6) Definition of extraordinary storm. An extraordinary storm is a 
storm that, due to prolongation or severity, creates weather conditions 
that cause significant amounts of damage to a Hurricane/Shore Protection 
Project. ``Prolongation or severity'' means a Category 3 or higher 
hurricane as measured on the Saffir-Simpson scale, or a storm that has 
an exceedance frequency equal to or greater than the design storm of the 
project. ``Significant

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amounts of damage'' have occurred when:
    (i) The cost of the construction effort to effect repair of the HSPP 
or separable element thereof (exclusive of dredge mobilization and 
demobilization costs) exceeds $1 million and is greater than two percent 
of the original construction cost (expressed in current day dollars) of 
the HSPP or separable element thereof; or,
    (ii) The cost of the construction effort to effect repair of the 
HSPP or separable element thereof (exclusive of dredge mobilization and 
demobilization costs) exceeds $6 million; or,
    (iii) More than one-third of the planned or historically placed sand 
for renourishment efforts for the HSPP (or separable element thereof) is 
lost.
    (c) Procedural requirements. Rehabilitation of HSPP'S will be done 
in accordance with Sec.  203.45, except as modified by this section.
    (d) Combined rehabilitation and periodic nourishment. In some cases, 
the non-Federal sponsor may wish to fully restore the sacrificial 
features of a project where only a partial restoration is justifiable as 
Rehabilitation Assistance. In these cases, a cost allocation between 
Rehabilitation Assistance and periodic nourishment under the terms of 
the project PCA will be determined by the Director of Civil Works.