[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: 33CFR203.83]

[Page 24-25]
 
                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 G_Local Interests/Cooperation Agreements
 
Sec.  203.83  Additional requirements.

    (a) Maintenance deficiencies. Rehabilitation, Emergency Water, Post 
Flood Response, and Advance Measures authorities may not be used to 
correct deferred or deficient maintenance. Such correction must be 
accomplished by, or at the expense of, local interests. This may include 
restoring normal levee or dune height after subsidence, replacement of 
deteriorated components such as outlet structures and pipes, removal of 
debris, and new construction items such as protection against erosion. 
This restriction on use of these authorities does not preclude 
furnishing flood fight assistance during an emergency.
    (b) Areas of minor damage, flood control works. Separable areas with 
minor damage will be included in the maintenance program of local 
interests.
    (c) Minor completion items. Local interests should be responsible 
for minor completion items, such as dressing fills, placing sod, or 
seeding completed work.
    (d) Adequacy of requirements of local cooperation. In determining 
the adequacy of the pledge of local cooperation, district/division 
commanders must consider the local sponsor's performance capability, 
taking into account any shortcomings in meeting prior commitments. Local 
sponsors should make provisions to establish and provide resources for a 
``Contingency Fund'' to meet future maintenance requirements if apparent 
inadequacies of protective works indicate maintenance costs will be 
unusually high. Local sponsors should make provisions to establish and 
provide resources for a ``Capital Improvement Fund'' to meet future 
costs of capital

[[Page 25]]

improvement projects such as replacement of culverts in levees, pump 
station equipment, etc.
    (e) Eligibility under other Federal programs. The Cooperation 
Agreement must be worded to allow local interests to accept funding from 
other Federal programs for meeting the local responsibility. For 
example, removal of temporary works will be without cost under Corps 
Public Law 84-99 assistance, but will not be ``at no cost to the United 
States.'' Use of another Federal agency's funds is contingent upon that 
agency providing the Corps written assurance that such usage does not 
violate any existing laws or rules concerning the usage or expenditure 
of such funds.