[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: 33CFR263.23]

[Page 359-360]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
PART 263_CONTINUING AUTHORITIES PROGRAMS--Table of Contents
 
                     Subpart C_Flood Control Policy
 
Sec.  263.23  Small flood control project authority (Section 205).


    (a) Legislative authority. Section 205 of the Flood Control Act 
approved 30 June 1948, as amended by section 205 of the Flood Control 
Act approved 23 October 1962, section 61 of the Water Resources 
Development Act approved 7 March 1974, and section 133(b) of the Water 
Resources Development Act approved 22 October 1976, states:

    The Secretary of the Army is authorized to allot from any 
appropriations heretofore or hereafter made for flood control, not to 
exceed $30,000,000 for any one fiscal year, for the construction of 
small projects for flood control and related purposes not specifically 
authorized by Congress, which come within the provisions of Section 1 of 
the Flood Control Act of June 22, 1936, when in the opinion of the Chief 
of Engineers such work is advisable. The amount allotted for a project 
shall be sufficient to complete Federal participation in the project. 
Not more than $2,000,000 shall be allotted under this section for a 
project at any single locality, except that not more than $3,000,000 
shall be allotted under this section for a project at a single locality 
if such project protects an area which has been declared to be a major 
disaster area pursuant to the Disaster Relief Act of 1966 or the 
Disaster Relief Act of 1970 in the five-year period immediately 
preceding the date the Chief of Engineers deems such work advisable. The 
provisions of local cooperation specified in Section 3 of the Flood 
Control Act of June 22, 1936, as amended, shall apply. The work shall be 
complete in itself and not commit the United States to any additional

[[Page 360]]

improvement to insure its successful operation, except as may result 
from the normal procedure applying to projects authorized after 
submission of preliminary examination and survey reports.

    (b) Non-Federal responsibilities for dam and reservoir project. All 
new projects under this authority, including dams and reservoirs, are 
considered local protection projects. Non-Federal responsibilities for 
such dams and reservoirs will thus include the usual lands, easements, 
right-of-way, and other requirements of local protection projects. 
Similarly, non-Federal interests must operate the flood control features 
of any dam or reservoir in accordance with regulations prescribed under 
the authority contained in section 7 of the Flood Control Act of 
December 1944.
    (c) Major disaster area. Determination of a ``major disaster area'' 
can be made only by the President, pursuant to the Disaster Relief Acts 
cited above.
    (d) Local cooperation. As stated in para 1a of this part, the 
provisions of section 3, Flood Control Act of 1936, as amended (33 
U.S.C. 701c), are applicable. Other requirements shall be recommended by 
reporting officers to insure the long-term viability of the plan and the 
attainment of benefits from the plan. Consideration of land enhancement 
shall be in accordance with EM 1120-2-109.
    (e) Limitation on erosion protection. This authority shall not be 
used for protecting against bank erosion. However, bank stabilization 
may be included as an integral part of a plan for preventing flood 
damage.

[40 FR 51134, Nov. 3, 1975, as amended at 41 FR 56943, Dec. 30, 1976]