which have been authorized for at least eight years, have received no funds in the last eight years, and which should be no longer authorized.

§ 266.11 Applicability.

This regulation is applicable to all OCE elements and all field operating agencies having civil works responsibilities.

§ 266.12 References.

(a) Section 12, Pub. L. 93-251, "Water Resources Development Act of 1974," (88 Stat. 16), dated March 7, 1974 (Appendix A), as amended by section 157, Pub. L. 94-587 (90 Stat. 2933), dated October 22, 1976.

(b) ER 1105-2-502, "Public Meetings", (33 CFR 209.405).

[40 FR 42654, Sept. 15, 1975, as amended at 42 FR 31159, June 20, 1977]

266.13 Program eligibility.

The following criteria are applicable to determine if an authorized project, a project modification separately authorized by Congress, or an element that has been administratively identified as a separate project by the Corps of Engineers, as shown in the Civil Works Information System, is eligible for review under this program; assume that recommendations will be submitted on 1 January each year:

(a) The project must have been authorized for at least eight years prior to submission of a recommendation to Congress.

(b) The project must have received no funds for advanced engineering and design or construction in the successive eight years prior to submission of Congress.

a

recommendation to

(Funds include those which have been appropriated by Congress or allotted with specific Congressional approval.)

(c) The project is not being reviewed under another Corps program that will affect the deauthorization review.

(d) Projects which have been automatically deauthorized due to the expiration of the 5-year limitation for receipt of local assurances (33 U.S.C. 701c) are not eligible for review under this program.

(e) Pending Congressional action on the legislation proposed by the Chief

of Engineers to amend Section 12 (H. Doc. 94-192), the following are not eligible for review under this Program and shall not be recommended under the provisions of § 266.16(c):

(1) Deauthorization (or abandonment) of Federal maintenance of completed projects, where such maintenance has been authorized by Congress.

(2) Deauthorization of an element of a project if another element of that project, authorized by the same Act of Congress, has received funds in the last eight years.

§ 266.14 Program policies.

(a) A list of projects eligible for deauthorization will be maintained by OCE. Division and District Engineers will maintain those portions of the list for States within their respective areas of jurisdiction. Such listings are to be made available to the public upon request.

(b) Within the capability for implementation of this program, and within available funds, projects eligible for deauthorization should be reviewed under Section 12 in the order of priority given in this subparagraph. Reporting officers may release information regarding which projects are scheduled for review in the next fiscal year, following release of the President's budget for that year.

(1) Projects for which a deauthorization review has been requested by a Congressional resolution adopted pursuant to section 12(e), Pub. L. 93-251. (2) Completion of deauthorization reviews previously started.

(3) Projects for which a deauthorization review has been requested by local interests (i.e., governmental or non-governmental entities in the project area), or national organizations having an interest in the project area.

(4) Projects considered by the reporting officer as suitable for a recommendation of deauthorization without further study.

(5) Projects requiring further study in order to make a recommendation concerning deauthorization.

(c) Review under section 12 should be conducted to the extent necessary to determine whether the project as

authorized, should continue to be authorized based on the criteria in § 266.14e. The review is not intended to affirm the viability of the project as authorized or to reformulate the authorized project to meet current needs. These objectives are to be reserved for Phase I Advanced Engineering and Design, should the project become funded by Congress, for the Deferred for Restudy Program if the project was deferred due to lack of economic justification, or for a review specifically authorized by Congress. However, a review conducted under section 12 may provide sufficient information to recommend reclassification of the project.

(d) Reporting officers shall solicit views from the public that would be affected by, or interested in, the authorized project and coordinate their review with other agencies, as part of their formulation of recommendations to Division Engineers on deauthorization. The procedures by which views are solicited are to be determined by the reporting officer, and may include public meetings, public notices, news releases and others. As a minimum, the reporting officer shall issue a public notice, and mail such notice to known interested and affected parties, announcing the Corps interest in obtaining the public's views on projects under deauthorization review and informing the public that the Corps will hold a public meeting if deemed necessary by the public response. A list of projects under review, together with pertinent information, should be provided in the public notice.

(e) In addition to the eligibility criteria given in § 266.13, a recommendation for deauthorization must be supported by one or more of the following

reasons:

(1) The project lacks economic justification, and it is apparent that a restudy would not develop an economically justified plan.

(2) The project, as authorized, is not adequate to meet current or prospective needs, and to obtain an adequate improvement would require such substantial modifications and involves such increased costs that the Corps

could not proceed without new authorization from Congress.

(3) The project has significant and unacceptable adverse environmental impacts.

(4) The project is generally opposed by local interests or there is little or no prospect that the required local cooperation will be forthcoming.

(5) The project, or part thereof, is no longer required because it has been accomplished by local interests or another agency, or has been superseded by another project, or is no longer required for any other reason.

(f) Recommendations of reporting officers and Division Engineers regarding project deauthorizations are considered internal staff recommendations to the Chief of Engineers and are not to be released to the public until the Chief of Engineers list of projects proposed for deauthorization is transmitted to States and Federal agencies for comment. Information, other than the recommendation, obtained during the review process is to be made available to the public on request.

deauthorization

(g) The Chief of Engineers will formulate his list of projects proposed for deauthorization based on the recommendations of Division Engineers. The Chief of Engineers will coordinate this list with Governors of affected States and Federal department, agency and instrumentality heads, as prescribed by section 12.

§ 266.15 Program management responsibilities.

(a) Office of the Chief of Engineers. Planning Division (DAEN-CWP) has primary responsibility for management of the program, to include providing guidance to field operating agencies, formulating recommendations for the Chief of Engineers based on inputs from Division Engineers, notifying Division and District Engineers of recommendations made by the Chief of Engineers, and formulating program budgetary submissions and work allowances. DAEN-CWP will also keep listings of projects eligible for deauthorization, projects recommended for deauthorization by the Chief of Engineers, and projects deauthorized

under Section 12. All funding and budgetary matters will be coordinated with DAEN-CWB, which will issue work allowances to field operating agencies.

(b) Division Engineers. Division Engineers are responsible for reviewing budgetary requests submitted by District Engineers and for recommending project deauthorizations to the Chief of Engineers in accordance with the procedures in § 266.16.

(c) District Engineers/Operating Division Engineers. Reporting officers are responsible for conducting reviews of projects in accordance with the policies and procedures contained in this regulation. Reporting officers are encouraged to annually conduct the maximum number of reviews possible within their capability and funding limitations.

§ 266.16 Program procedures.

(a) Maintenance of eligibility listing. A listing of projects eligible for deauthorization will be revised as necessary by DAEN-CWP-A. Division Engineers will submit changes together with recommendations, as provided in § 266.16(c) below, or at other times as they deem appropriate. A project will be removed from the listing:

(1) If funds are appropriated for advanced engineering and design or construction for the project,

(2) If deauthorized under section 12 or other appropriate legislation, or

(3) If either Committee on Public Works adopts a resolution stating that the project shall continue to be authorized.

(b) Conduct of deauthorization review. Pursuant to the policies stated in § 266.14, reporting officers shall prepare project information sheets and other appropriate data for the purposes of public invol ment, coordination, and documenti g a determination on the appropriɛeness of deauthorization at the conclusion of the review. The reporting officer shall conduct those studies and analyses, and initiate public involvement and coordination activities, as deemed necessary, but shall include the minimum procedure set forth in § 266.14(d), to achieve the objective of this program

and the Corps public involvement objectives. Public meetings, if held, will be generally in accordance with guidelines in ER 1105-2-502.

(c) Submittal of deauthorization recommendations to the Chief of Engineers (RCS DAEN-CWP-13). Division Engineers will submit annually to the Chief of Engineers the following information. Submissions are to be sent to HQDA (DAEN-CWP-A) WASH DC 20314 by October 1.

(1) Recommendations (in 3 copies) on projects for which reviews have been conducted since the previous annual submission, in accordance with the format given in Appendix B. 2 Negative responses are required.

(2) Project information sheets for all projects recommended for deauthorization, in accordance with the format given in Appendix C. A map which can be reproduced in black-and-white, 8" x 101⁄2" in size, should be attached whenever possible, to clearly indicate the project to be deauthorized. Project information sheets are to be typed in 12pitch elite, with margins as shown, and are to be submitted as an original and one copy. The original shall be signed by the reporting officer.

(3) Appropriate pages from the last published listing of projects eligible for deauthorization with changes noted by typing in the new data.

(4) Division Engineers shall review Project Information Sheets on all projects for which a deauthorization review was conducted in the preceding year. Information sheets on projects not recommended for deauthorization need not be submitted to OCE.

(d) Submittal of Chief of Engineers' Recommendations to Congress. Upon submittal of the Chief of Engineers' recommendations to Congress by the Secretary of the Army, OCE will issue a press release. Press releases may also be issued by Division and District Engineers.

(e) Determination of Deauthorization. DAEN-CWP will determine the date of deauthorization of recommended projects due to the elapse of 90 days without action by the Secretary of the Army or by either Commit

'Appendices B and C filed as part of the original document.

tee on Public Works, as prescribed by Section 12; will notify Division and District Engineers of these deauthorizations; and will remove deauthorized projects from the eligibility listing as provided under § 266.16(a).

[40 FR 42654, Sept. 15, 1975, as amended at 42 FR 31159, June 20, 1977]

§ 266.17 Effective date.

This regulation is effective September 15, 1975, as published in the FEDERAL REGISTER on that date and codified as 33 CFR Part 266. The regulation is fully applicable to deauthorization reviews conducted after the effective date.

APPENDIX A

DISCUSSION OF SECTION 12, PUBLIC LAW 93-251 CONTAINED IN THE REPORTS OF THE COMMITTEES ON PUBLIC WORKS

Many water resources development projects become, after they are authorized, inappropriate for one reason or another. Changing economic conditions may render them uneconomic. Population and industrial growth may make them inadequate to serve new needs. The local interests may decide they do not want a project. Yet, in all of these cases, unless the time consuming process of obtaining specific Congressional deauthorization through an Act of Congress is followed, the project remains authorized,

is considered part of the backlog of authorized but unconstructed projects, and continues to discourage homeowners and landowners in the project area from maintaining, much less improving, their property.

It should be clearly noted that this section is not intended to be used as a vehicle for the abandonment by the Federal Government of maintenance of completed projects.

This section fulfills a very real need for a means to remove from the books projects which are not needed or justified, while at the same time providing ample congressional review and final decision-making authority.

(a) Section 302, Pub. L. 89-298, (79 Stat. 1092), Rivers and Harbors Act of 1965, (Appendix A).

(b) Pub. L. 92-516, Federal Insecticide, Fungicide and Rodenticide Act of 1972, (86 Stat. 973), 21 October 1972.

(c) 40 CFR 180, Tolerances and exemptions from tolerances for pesticide chemicals, 2,4-D, subpart C (F) 16 December 1975.

(d) Pub. L. 91-596, Occupational Safety and Health Act of 1970, (84 Stat. 1609, 29 U.S.C. 668), 29 December 1970.

(e) 29 CFR 1960, Safety and Health Provisions for Federal Employees, FEDERAL REGISTER, Vol. 39, No. 9, 9 October 1974.

(f) ER 11-2-240, "Civil Works Activities, Construction and Design."

(g) ER 70-2-3, "Civil Works Research and Development Management System."

(h) ER 1105-2-507, "Preparation and Coordination of Environmental Statements." (33 CFR 209.410)

(i) ER 1105-2-811.

§ 273.13 Program policy.

(a) Program orientation. The Aquatic Plant Control Program is designed to deal primarily with weed infestations of major economic significance including those that have reached that stage (such as water-hyacinth) and those that have that potential (such as alligatorweed and Eurasian watermilfoil) in navigable waters, tributaries, streams, connecting channels and allied waters. This does not imply that the infestation must have countrywide distribution. However, the infestation should constitute a known problem of economic importance in the area involved. Initial planning should constitute investigation of a specific problem weed or weed complex, not generalized surveys of aquatic vegetation. The common submersed aquatics and floating or emergent, wetland, marsh, and swamp vegetation do not generally meet those criteria for special problems merely because they may qualify as "obnoxious aquatic plants" under the language of the legislation authorizing the program except as indicated in § 273.13(b).

(b) Work not eligible under this program. Weed control for operation and maintenance of reservoirs, channels, harbors, or other water areas of authorized projects under jurisdiction of the Corps of Engineers or other Federal agencies will not be undertaken as a part of the Aquatic Plant Control Program, except as such areas may be used for experimental purposes in research performed for the program. Aquatic plant control work for the operation and maintenance of Federal projects are eligible to be included under this authority for the purpose of cost-sharing with participating State or local agencies, but are not eligible for budgeting or funding under the Aquatic Plant Control Program.

(c) Applied research. Applied research developed by OCE with the assistance of the Interagency Aquatic Plant Control Research Advisory Committee and the appropriate Division Engineer will be an all Federal cost. This research will be accomplished through contracts with Federal, State and private research institutions. A research planning meeting

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