[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: 33CFR240.8]

[Page 334]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
PART 240_GENERAL CREDIT FOR FLOOD CONTROL--Table of Contents
 
Sec.  240.8  Credit criteria for projects authorized after 17 November 1986.

    (a) In general, for projects authorized after 17 November 1986, work 
eligible for credit will be explicitly addressed in recommendations to 
Congress. If a report has been submitted to Congress, work on an element 
of the recommended Federal project or work that reduces its construction 
cost can be considered for credit.
    (b) Local work initiated after 17 November 1981 or within 5 years 
before the first obligation of funds for the reconnaissance study began, 
whichever is later, can be incorporated into the recommended plan for 
the purpose of economic evaluation. However, credit can be considered 
only for local work undertaken after the end of the reconnaissance study 
and for which a credit application has been acted upon prior to 
construction pursuant to Sec.  240.9 procedures. (For any portion of 
such work undertaken prior to 17 November 1986, credit may be granted 
only if a letter application was received prior to 31 March 1987.) If 
such work was undertaken between 17 November 1986 and the effective date 
of this regulation, an after-the-fact application pursuant to the Sec.  
240.9 procedures will be accepted.
    (c) Reports recommending Federal participation in a plan should 
include the following, ``Future non-Federal expenditures for 
improvements that, prior to their construction, are found to be 
compatible with the plan recommended herein, as it may be subsequently 
modified, will entitle the (sponsor's name) to consideration for credit 
in accordance with the guidelines established under section 104, Pub. L. 
99-662.''
    (d) All costs for non-Federal work incorporated in the recommended 
plan in accordance with this paragraph shall be included in total 
project first costs and will therefore be subject to cost sharing. 
Related benefits will be included in the project's economic evaluation.