[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: 33CFR239.8]

[Page 330]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
PART 239_WATER RESOURCES POLICIES AND AUTHORITIES: FEDERAL PARTICIPATION IN 
 
Sec.  239.8  Cost sharing.

    At local protection projects local interests are required to provide 
all lands, easements, rights-of-way and all alterations and relocations 
of utilities, streets, bridges, buildings, storm drains and other 
structures and improvements; hold and save the United States free from 
damages due to the construction works except damages due to the fault or 
negligence of the United States or its contractor; and assume operation 
and maintenance of the works after completion. In addition, local 
interests are required to provide additional cost sharing to reflect 
special local benefits or betterments. Such additional special cost 
sharing will not be required for covered channels when the addition of 
the cover increases net NED flood control benefits when compared to the 
open channel or when they are provided for safety in schoolyards, 
playgrounds, or other known play areas for juveniles. However, the 
separable cost of providing covers for mitigating SWB or RD impacts or 
to provide areas for public or private uses such as parking, or the 
provision of areas for recreation development, etc., will be assigned to 
local interests. The separable cost of recreational facilities to be 
constructed on or adjacent to the cover, i.e., picnic facilities, etc., 
are eligible for Federal participation in accordance with cost-sharing 
policies for recreation facilities at local protection projects. Cost-
sharing policies for project features which are included to make 
positive contributions to the EQ account are being developed. Until such 
policies are developed, proposals to cover channels on this basis will 
be coordinated with HQDA (DAEN-CWP), Washington, D.C. 20314.

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