not be interpreted to place any obligation on the United States to construct or improve fish and wildlife facilities or to relieve the Licensee of any obligation under this license.

Article 17. The Licensee shall construct, maintain, and operate, or shall arrange for the construction, maintenance, and operation of such reasonable recreational facilities, including modifications thereto, such as access roads, wharves, launching ramps, beaches, picnic and camping areas, sanitary facilities, and utilities, giving consideration to the needs of the physically handicapped, and shall comply with such reasonable modifications of the project, as may be prescribed hereafter by the Commission during the term of this license upon its own motion or upon the recommendation of the Secretary of the Interior or other interested Federal or State agencies, after notice and opportunity for hearing.

Article 18. So far as is consistent with proper operation of the project, the Licensee shall allow the public free access, to a reasonable extent, to project waters and adjacent project lands owned by the Licensee for the purpose of full public utilization of such lands and waters for navigation and for outdoor recreational purposes, including fishing and hunting: Provided, That the Licensee may reserve from public access such portions of the project waters, adjacent lands, and project facilities as may be necessary for the protection of life, health, and property.

Article 19. In the construction, maintenance, or operation of the project, the Licensee shall be responsible for, and shall take reasonable measures to prevent, soil erosion on lands adjacent to streams or other waters, stream sedimentation, and any form of water or air pollution. The Commission, upon request or upon its own motion, may order the Licensee to take such measures as the Commission finds to be necessary for these purposes, after notice and opportunity for hearing.

Article 20. The Licensee shall consult with the appropriate State and Federal agencies and, within one year of the date of issuance of this license, shall submit for Commission approval a plan for clearing the reservoir area. Further, the Licensee shall clear and keep clear to an adequate width lands along open conduits and shall dispose of all temporary structures, unused timber, brush, refuse, or other material unnecessary for the purposes of the project which results from the clearing of lands or from the maintenance or alteration of the project works. In addition, all trees along the periphery of project reservoirs which may die during operations of the project shall be removed. Upon approval of the clearing plan all clearing of the lands and disposal of the unneces

sary material shall be done with due diligence and to the satisfaction of the authorized representative of the Commission and in accordance with appropriate Federal, State, and local statutes and regulations.

Article 21. Material may be dredged or excavated from, or placed as fill in, project lands and/or waters only in the prosecution of work specifically authorized under the license; in the maintenance of the project; or after obtaining Commission approval, as appropriate. Any such material shall be removed and/or deposited in such manner as to reasonably preserve the environmental values of the project and so as not to interfere with traffic on land or water. Dredging and filling in a navigable water of the United States shall also be done to the satisfaction of the District Engineer, Department of the Army, in charge of the locality.

Article 22. Whenever the United States shall desire to construct, complete, or improve navigation facilities in connection with the project, the Licensee shall convey to the United States, free of cost, such of its lands and rights-of-way and such rights of passage through its dams or other structures, and shall permit such control of its pools, as may be required to complete and maintain such navigation facilities.

Article 23. The operation of any navigation facilities which may be constructed as a part of, or in connection with, any dam or diversion structure constituting a part of the project works shall at all times be controlled by such reasonable rules and regulations in the interest of navigation, including control of the level of the pool caused by such dam or diversion structure, as may be made from time to time by the Secretary of the Army.

Article 24. The Licensee shall furnish power free of cost to the United States for the operation and maintenance of navigation facilities in the vicinity of the project at the voltage and frequency required by such facilities and at a point adjacent thereto, whether said facilities are constructed by the Licensee or by the United States.

Article 25. The Licensee shall construct, maintain, and operate at its own expense such lights and other signals for the protection of navigation as may be directed by the Secretary of the Department in which the Coast Guard is operating.

Article 26. If the Licensee shall cause or suffer essential project property to be removed or destroyed or to become unfit for use, without adequate replacement, or shall abandon or discontinue good faith operation of the project or refuse or neglect to comply with the terms of the license and the lawful orders of the Commission mailed to the record address of the Licensee or its agent, the Commission will deem it to be the intent of the Licensee to surrender the li

cense. The Commission, after notice and opportunity for hearing, may require the Licensee to remove any or all structures, equipment and power lines within the project boundary and to take any such other action necessary to restore the project waters, lands, and facilities remaining within the project boundary to a condition satisfactory to the United States agency having jurisdiction over its lands or the Commission's authorized representative, as appropriate, or to provide for the continued operation and maintenance of nonpower facilities and fulfill such other obligations under the license as the Commission may prescribe. In addition, the Commission in its discretion, after notice and opportunity for hearing, may also agree to the surrender of the license when the Commission, for the reasons recited herein, deems it to be the intent of the Licensee to surrender the license.

Article 27. The right of the Licensee and of its successors and assigns to use or occupy waters over which the United States has jurisdiction, or lands of the United States under the license, for the purpose of maintaining the project works or otherwise, shall absolutely cease at the end of the license period, unless the Licensee has obtained a new license pursuant to the then existing laws and regulations, or an annual license under the terms and conditions of this license.

Article 28. The terms and conditions expressly set forth in the license shall not be construed as impairing any terms and conditions of the Federal Power Act which are not expressly set forth herein.

FPC Forms: 1 L-10.

L-11..

L-14..

L-15..

L-16..

L-17..

L-18..

L-19..

Title

Terms and conditions of license for constructed major project affecting the interests of interstate or foreign commerce. Terms and conditions of license for unconstructed major project affecting the interests of interstate or foreign commerce. Terms and conditions of license for unconstructed minor project affecting navigable waters of the United States. Terms and conditions of license for unconstructed minor project affecting the interests of interstate or foreign commerce. Terms and conditions of license for constructed minor project affecting lands of the United States.

Terms and conditions of license for unconstructed minor project affecting lands of the United States.

Terms and conditions of license or constructed minor project affecting navigable waters and lands of the United States. Terms and conditions of license for unconstructed minor project affecting navigable waters and lands of the United States.

§ 222.2 Periodic inspection and continuing evaluation of completed civil works structures.

(a) Purpose. This regulation defines objectives, states policy, assigns responsibilities, and establishes procedures by which the Corps of Engineers carries out its responsibilities for assuring the continuing structural adequacy of its major Civil Works structures in service.

(b) Applicability. This regulation is applicable to all Divisions and Districts having Civil Works responsibilities.

(c) References. (1) ER 1110-2-99, Inspection and Evaluation of Corps of Engineers Bridges.

'This regulation supersedes ER 1110-2100, dated 30 Nov. 72.

(2) ER 1110–2–101, Reporting of Evidence of Distress of Civil Works Projects.

(3) ER 1110-2-1150, Post-Authorization Studies.

(4) ER 1110-2-8150, Investigations to Develop Design Criteria for Civil Works Construction Activities.

(d) Objective. Civil Works structures whose failure or partial failure would endanger the lives of the public or cause substantial property damage will be continuously evaluated to insure their structural safety and stability, and operational adequacy. Such evaluations, based upon periodic inspections supported when appropriate by programs of instrumentation, will be conducted to detect conditions of significant structural distress or operational inadequacy and to provide a basis for timely initiation of restorative and remedial measures.

(e) Policy. Major Civil Works structures covered by this regulation include flood control and multipurpose dams, navigation locks and dams, powerhouses, and appurtenant structures (intakes, outlet works, tunnels, spillways) which are operated by the Corps of Engineers and for which the Corps is fully responsible. Also included are major levees, floodwalls, pumping stations and similar facilities designed and constructed under Corps of Engineers jurisdiction and for which the Corps has a public obligation for being aware of their structural safety and stability although not responsible for their maintenance and operation.

(1) For those projects constructed by the Corps of Engineers and then operated by others, transfer of this responsibility should not preclude Corps participation in the inspections, if desirable. At the time of transfer of the responsibility for operation, the operating entity should be informed of the inspections and observations considered appropriate, and arrangements should be made for any such participation by Corps of Engineers personnel. However, these inspections and observations will be the responsibility of the operating entity.

(2) Where ownership of major elements of a project is divided between the Corps of Engineers and other or

ganizations, governmental or private, the Corps will inspect those features of the non-Corps elements which could endanger the stability, safety or operation of the Corps-owned portion of the project.

(3) The policy, responsibility and interest of the Corps in regard to nonFederal dams is contained in ER 1110– 2-101. Non-Federal dams located upstream of a Corps project would be the greatest concern to the safety of the Corps project. It may be appropriate, at the time of inspection of the Corps project, to include a visit to the upstream non-Federal dam for the purpose of evaluating the safety of the structures and the operational capabilities or limitations which may influence the safety of the Corps project.

(4) Excluded from this regulation are those public highway bridges owned or maintained by the Corps which are covered under the provisions of ER 1110-2-99, and all other bridges constructed by the Corps as a part of Civil Works projects but whose maintenance and operation are the responsibility of others.

(f) Funding. The funds needed for the evaluation and inspection program will be applied from allocations made to the various projects for the fiscal year in which the inspection is made. Travel and per diem costs incurred by personnel of the Division Office or the Office, Chief of Engineers will be covered in the same manner. Funds will be programed by the Districts for the periodic inspection and evaluation of the structures scheduled in each fiscal year.

(1) Funding for the evaluation and inspection program during construction will be under Cost Code 51, Appropriation 96X3122, Construction, General. The Term "during construction" is defined as the period from the beginning of construction to the time when project components are placed into operation for their beneficial purposes.

(2) Funding for the evaluation and inspection program after the project components are placed in operation for their beneficial purposes will be under Appropriation 96X3123, Operation and Maintenance, General.

(g) Inspection and Evaluation Program. Structures for which programs will be established will be selected on the basis of their size, importance, or the potential hazard they present. Division Engineers will be responsible for the selection of structures to be inIcluded in the inspection and evaluation program and for maintaining a list of the selected structures, schedule for inspections and status of reports. This information will be furnished HQDA (DAEN-CWE-BB) WASH DC 20314 at the end of each fiscal year. Any changes or additions to the list will be furnished as soon as they are established.

(1) A detailed systematic technical inspection will be made of the condition of each selected structure at periodic intervals, taking into account its distinctive features to evaluate the structural safety and stability and operational adequacy. A formal technical report will be prepared for permanent record and reference purposes and to form a basis for major remedial work when required. The report will contain the results of the inspection including summaries of instrumentation observations, the evaluation of the safety of the structure and recommendations and cost estimates for remedial work when appropriate. When the need for remedial work is not urgent and additional studies are required, the recommendations may include a proposal to include the additional studies under authority of Section 216 of the Flood Control Act of 1970. The inspection reports shall be submitted for review and approval withing 120 days of the inspection. Reports may be approved by the Division Engineer except as follows:

(i) Those reports which were prepared in Division Offices.

(ii) Those reports of inspections where OCE was represented and the resulting trip report contains a request that the inspection report be submitted to OCE for approval.

Information copies of reports approved by Divison Engineers will be furnished DAEN-CWE-BB, including submittal and approval correspond

ence.

(2) The inspection, evaluation and reporting procedures will be in accordance with Appendix A.

(3) For projects where ownership of major elements is divided between the Corps and others (paragraph (e) of this section), information pertinent to project elements owned by others noted during the Corps inspection should be furnished to the owner. For hydroelectric power projects under purview of Part 12 of the Regulations under the Federal Power Act (18 CFR Part 12), such information could be made available to the Federal Power Commission, upon request. Owners of such FPC licensed facilities should be advised that the information made available by the Corps will not be presented to the FPC as representing results of inspections performed for the Licensee by the Corps.

Instrumenta

(h) Instrumentation. tion will be incorporated in the selected structures as appropriate to measure forces, pressures, loads, stresses, strains, displacements, deflections or other conditions related to structural safety and stability. Whenever feasible, instrumentation and prototype testing programs undertaken under ER 1110-2-8150 will be utilized in the safety evaluation program. The scope of the instrumentation facilities will be indicated in the feature design memorandum prepared to summarize the instrumentation program for the entire project (including facilities, observation frequencies and arrangements for processing the collected data) prepared in accordance with ER 1110-2-1150. Guidance for instrumentation facilities is contained in Appendix A.

(i) Responsibilities. (1) The engineering divisions of the district offices will formulate the inspection and instrumentation plans, process and analyze the results of the instrument observations, evaluate the condition of the structure, conduct the periodic inspections, and prepare the inspection reports.

(2) The engineering divisions of the district offices will be responsible for the installation of the instrumentation devices and for data collection during the construction period.

(3) The operations divisions of the district offices will be responsible for data collection after the construction period in accordance with the instrument observation programs, and will assist and participate in the periodic inspections.

(4) The engineering divisions of the division offices will review and monitor the data collection, processing, evaluation, and inspection activities. This element will be specifically responsible for the establishment of procedures for promptly informing HQDA (DAEN-CWE) WASH DC 20314 when evaluation of the condition of the structure or analyses of the instrumentation data indicate the stability of a structure is questionable.

(j) Emergency Situations. This regulation does not contravene the reporting procedures for emergency situations set forth in ER 1110-2-101.

APPENDIX A-PROCEDURES FOR INSPECTION AND EVALUATION PROGRAM

(a) Data. Engineering data relating to the project structures will be collected and permanently retained in appropriate file facilities at the project administrative headquarters on the project site. The data should consist of design memoranda, subsurface exploration results, laboratory reports, asbuilt drawings, and pertinent construction records. These documents and drawings will be considered as permanent engineering data, subject to retirement and disposal only upon termination of operation of the project. These data will include, where available:

(1) Principal Design Assumptions and stability and stress analyses, slope stability, seepage and settlement analyses, consolidation, shear, permeability, compaction, and classification tests or summaries thereof.

(2) Typical as-built plans, elevations, and sections.

(3) Selected as-built drawings of important project features, to include details such as instrumentation, internal drainage, transition zones or relief wells.

(4) Foundation data and geological features, including boring profiles.

(5) Location of borrow areas and identification of embankment, filter and riprap materials.

(6) As-built properties of foundation and embankment materials, such as shear strength, unit weight, water content and classification. The number of control tests and undisturbed record sample tests should be included.

(7) Identification of concrete material

sources.

(8) Physical, chemical and thermal properties of concrete and concrete materials.

(9) Summary of concrete mixture proportions and control procedures.

(10) Construction history, including diversion scheme and construction sequence shown on appropriate drawings.

(11) Instrumentation observations and observation records.

(b) Basic Structural Safety Instrumentation Programs. There will be provided during the design and construction stages appropriate instrumentation facilities for measuring:

(1) Concrete Dams Under 150 Feet in Height:

(i) Hydrostatic uplift magnitudes and gradients under one or more monoliths.

(ii) Rates of inflow into the interior drainage system from foundation, face and joint drains.

(iii) Displacement or changes in the position of each individual monolith with respect to the dam axis, usually at the roadway level.

(2) Concrete Dams, 150 Feet or Over in Height. Provide some basic instrumentation facilities as required for dams under 150 feet in height. In addition, provide appropriate instrumentation facilities suitable for measuring:

(i) Deflection and tilting of one or more of the higher monoliths in the dam, usually by means of long plumb lines suspended within and from near the top of the structure.

(ii) In geographical regions of possible significant seismic activity, response of the structure to earthquake forces.

(3) Other Concrete Structures. Instrumentation for the determination of the integrity or safety of other types of concrete structures included in the safety evaluation program may consist of one or more of the following as appropriate:

(i) High-order triangulation or alignment surveys.

(ii) First-order elevation surveys. (iii) Tilting.

(iv) Internal strains.

(v) External deformations.

(4) Earth and Rock-fill Structures.

(i) Settlement of the foundation due to the applied loads of the embankment and/ or structural features such as the intake tower, tower bridge, conduit or tunnel.

(ii) Settlement within the embankment. (iii) Pore pressures within the embankment and/or foundation.

(iv) Horizontal movement of the embankment and/or foundation.

(v) Horizontal or vertical displacement of structural features on or within the embankment or foundation.