§ 203.83 Additional requirements.

(a) Maintenance deficiencies. Rehabilitation and Advance Measures authorities may not be used to correct deferred or deficient maintenance. Such correction must be accomplished by, or at the expense of, local interests. This may include restoring normal levee or dune height after subsidence, replacement of deteriorated components such as outlet structures and pipes, removal of debris and other obstructions in adjacent channels, and new construction such as protection against erosion. This does not preclude furnishing flood fight assistance during an emergency.

(b) Areas of minor damage. Separable areas with minor damage should be included in the maintenance program of local interests.

(c) Minor completion items. Local interests should be responsible for minor completion items, such as dressing fills, placing sod, or seeding completed work.

(d) Adequacy of requirements of local cooperation. In determining the adequacy of the pledge of local cooperation, district/division commanders must give proper consideration to the local sponsor's performance capability, taking into account any shortcomings in meeting prior commitments. Where a responsible local sponsor entity has not been formed, agreement by the local interests to later form such an entity may be considered for inclusion in the local cooperation agreement. If feasible, provisions should be made by local interests to establish a "Contingency Fund" to meet future maintenance requirements if apparent inadequacies of protective works indicate maintenance costs will be unusually high.

(e) Privately owned projects. In certain cases, Pub. L. 84-99 activities may involve flood control or water supply facilities owned by individuals, organization or other non-public entities. In such cases whenever practicable the local cooperation agreement furnished by each property owner should be sponsored collectively by a public entity or other organization fully responsible for maintenance of the structure. This organization in turn is to furnish its own overall local cooperation agreement for acceptance by the district commander.

(f) Eligibility under other program The local cooperation agreement mas be worded to allow local interests: accept funding from other Federal pro grams for meeting the local respons bility. For example removal of ter porary works will be without cor under Corps Pub. L. 84-99 assistance but will not be "at no cost to the United States."

§ 203.84 Forms of local participation.

In addition to the standard require ments of local cooperation and according to the circumstances, local participation in project work may be in the form of: Contributed funds; the furnishing of materials, equipment, or services; and/or accomplishment of work either concurrently or within a specified reasonable period of time. The final terms agreed upon will be set forth in writing and made a part of the assurance agreement before commencement of work.

(a) Contributed funds. Contributed funds may be accepted, or refunded, without further reference or approval by the Chief of Engineers. The required certificate of the district commander will cite as the pertinent authority "Pub. L. 99, 84th Congress, approved 28 June 1955 as amended."

(b) Obligation of contributed funds. Per OMB Circular A-34, all contributed funds must be received in cash and deposited with the Treasury before any obligations can be made against such funds. Well construction is exempted from this requirement because financing is specifically authorized in Pub. L. 84-99 as amended. However, the assurance agreement must be signed in advance of any obligations. To reduce administrative problems, the agreement should be for no longer than will provide payments within the means of the applicant. The term is limited by Pub. L. 84-99 to a maximum of 30 years.

(c) Provision of work or services in kind. To the extent practicable, local interest should be allowed to minimize the amount of contributed funds by providing equivalent work or services in kind. Such services do not include lands, easements or right-of-way.

203.85 Transfer of completed work to local interest.

- Responsibility for

operation and aintenance of completed emergency epair work under Pub. L. 84-99 will be cansferred to the responsible local inerests in accordance with the applicale procedures for transfer of comleted local protection projects (ER 150-2-301). Detailed instructions and uggestions relative to proper mainteance and operation usually will be urnished as a standard inclosure to a Eetter notifying the local interests that the work authorized under Pub. L. 84– 99 has been completed. The letter must remind the local interests that they are responsible for satisfactory maintenance of the flood control works in accordance with the terms of the local Cooperation agreement. In appropriate cases, use the "Flood Control Regulation for Maintenance and Operation of Flood Control Works: (33 CFR part 208). If warranted, a full-scale operation and maintenance manual may be furnished. Reporting requirements placed on the local interests will vary according to organization and other circumstances. Regular inspections will be scheduled to verify local maintenance.

(a) Intent. The intent of these guidelines is to facilitate the evaluation of the design, construction and maintenance of non-Federal flood control facilities to determine eligiblity for repair under Pub. L. 84-99. Based on its common use the word "levees" will be used in this text to mean any flood control work.

(b) Level of detail. The evaluation will be made through site inspections and technical analyses by trained (experienced) Corps district technical staff. This inspection will assess the general functional and structural integrity of the levee for flood control purposes and will serve as a basis for determining Corps assistance. The guidelines are not intended to establish design stand

ards for non-Federal levees, but to provide uniform procedures within the Corps for determining eligibility under Pub. L. 84-99. If the results of the Corps study are not acceptable to the levee owner, he may choose to provide his own detailed engineering study (certified by a qualified professional engineer) as a reclama to establish the elibility of his levee for Corps assist

ance.

$203.92 Procedures.

(a) General. Corps involvement with any non-Federal levee normally begins the first time an owner/sponsor requests repairs under Pub. L. 84-99. To evaluate these levees, it is imperative that the initial eligibility investigation assess the integrity and reliability of the levee. In addition, other key information required to determine the Federal interest in repairing the levee will be obtained. Any levee repaired by the Corps will be inspected periodically to assure that the conditions of local cooperation are being fulfilled by the sponsor. These inspections will also be used in determining the eligibility of the levee for possible future Corps assistance under Pub. L. 84-99. The project sponsor will be advised of any work required to maintain project eligibility. The guidelines established herein may also be used where an owner/sponsor who has not previously received levee rehabilitation assistance from the Corps, submits a request for inspection to determine whether his levee meets established eligibility criteria.

(b) Inspection procedure. A Rating Guide will be used to establish performance levels for non-Federal levees to be included in the Corps rehabilitation program. This guide will be provided to all non-Federal levee sponsors for their use in maintaining or upgrading their projects as required to remain eligible for the Corps rehabilitation program. (A copy of the Rating Guide will be provided to sponsors by the Corps District in their area.) The inspection will identify all areas where work is required to upgrade the levee to an acceptable performance level, and specify an appropriate time period to sponsors in which to accomplish the work. If a levee sponsor fails to comply

with identified requirements, notification will be provided that the levee is not eligible for consideration for rehabilitation under Pub. L. 84-99 until the Corps is advised that the work is completed. No further inspections will be made of a levee that is ineligible until the sponsor provides notification by letter indicating that noted deficiencies have been corrected.

(c) Technical evaluation. Technical evaluation procedures are intended to establish the general capability of a non-Federal levee to provide reliable flood protection.

$203.93 Inspections.

(a) General. The initial inspection of any non-Federal levee using these guidelines will establish the estimated level of protection and structural reliability of the existing levee. Subsequent inspections will detect changed project conditions which have an impact on the integrity of the flood protection provided by the levee.

(b) Hydrologic/hydraulic analyses. The level of protection provided by a nonFederal levee will be evaluated and expressed in terms of exceedence frequency (e.g., a 20%, 10% etc. chance of the levee being overtopped in any given year.) These analyses also include an evaluation of existing or needed erosion control features for portions of the levee which may be threatened by wind generated waves, stream or surface flows.

The

(c) Geotechnical analyses. geotechnical evaluation will be based primarily on a detailed visual inspection. The initial inspection will identify critical sections where levee stability appears weakest and will document the location, reach, and crosssection at these points.

(d) Maintenance. The Maintenance section of Rating is intended for use in of maintenance performevaluation ance and deficiencies to the same scope and degree as is required to determine compliance with assurance agreements entered into pursuant to 33 CFR 208.10. This evaluation should reflect the level of maintenance required to assure the intended degree of flood protection and performance of local cooperation required for a levee to remain eligible for the rehabilitation program under Pub.

L. 84-99. The Rating Guide is also ap plicable to levees where no local co operation agreement exists (i.e., no previously repaired under Pub. L. 84 99), but an eligibility review is re quested by the owner/sponsor of the project.

§ 203.94 Evaluation of eligibility base on the Rating Guide.

After the technical evaluation has assessed the integrity of the levee, the current definitive condition of the levee will be evaluated using the Rating Guide as a basis. The following table provides general guidance on ap propriate inspection recommendations based on the Rating Guide parameters:

If the sponsor/owner does not comply with the recommendation for correction of Condition "U" items, within specified time frames a notification will be provided to the sponsor/owner that the levee is ineligible for rehabilitation under Pub. L. 84-99 until the deficiencies are corrected. No further inspections will be made until the sponsor/owner notifies the Corps that this has been completed.

$203.95 Rehabilitation investigation.

The inspection program outlined in this subpart is intended to facilitate the completion of rehabilitation investigations when levees in the program are damaged by flood. The most recent inspection report should provide most of the general information required to support a request to rehabilitate a levee under Pub. L. 84-99.

River to Chesapeake Bay, Del. and Md. (Chesapeake and Delaware Canal); use, administration, and navigation.

207.160

All waterways tributary to the Atlantic Ocean south of Chesapeake Bay and all waterways tributary to the Gulf of Mexico east and south of St. Marks, Fla.; use, administration, and navigation. 207.169 Oklawaha River, navigation lock and dam at Moss Bluff, Fla.; use, administration and navigation. 207.170 Federal Dam, Oklawaha River, Moss Bluff, Fla.; pool level.

207.170a Eugene J. Burrell Navigation Lock in Haines Creek near Lisbon, Florida; use, administration, and navigation. 207.170b Apopka-Beauclair Navigation Lock in Apopka-Beauclair Canal in Lake County, Fla.; use, administration, and navigation.

207.170c Kissimmee River, navigation locks between Lake Tohopekaliga and Lake Okeechobee, Fla.; use, administration, and navigation.

207.170d Taylor Creek, navigation lock (S193) across the entrance to Taylor Creek at Lake Okeechobee, Okeechobee, Fla.; use, administration, and navigation. 207.175a Carlson's Landing Dam navigation lock, Withlacoochee River, Fla.; use, administration, and navigation.

207.180 All waterways tributary to the Gulf of Mexico (except the Mississippi River, its tributaries, South and Southwest Passes and the Atchafalaya River) from St. Marks, Fla., to the Rio Grande; use, administration, and navigation. 207.185 Taylors Bayou, Tex., Beaumont Navigation District Lock; use, administration and navigation.

207.187 Gulf Intracoastal Waterway, Tex.; special floodgate, lock and navigation regulations.

207.200 Mississippi River below mouth of Ohio River, including South and Southwest Passes; use, administration, and navigation.

207.249 Ouachita and Black Rivers, Ark. and La., Mile 0.0 to Mile 338.0 (Camden, Ark.)

above the mouth of the Black River; the Red River, La., Mile 6.7 (Junction of Red, Atchafalaya and Old Rivers) to Mile 276.0 (Shreveport, La.); use, administration, and navigation.

207.260 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at Kleinston Landing to Fisher Street; navigation. 207.270 Tallahatchie River, Miss., between Batesville and the mouth; logging. 207.275 McClellan-Kerr Arkansas River navigation system: use, administration, and navigation.

207.300 Ohio River, Mississippi River above Cairo, Ill., and their tributaries; use, administration, and navigation.

207.306 Missouri River; administration and navigation.

207.310 Mississippi River at Keokuk, Iowa; operation of power dam by Mississippi River Power Co.

207.320 Mississippi River, Twin City Locks and Dam, St. Paul and Minneapolis, Minn.; pool level.

207.440

St. Marys Falls Canal and Locks, Mich.; use, administration, and navigation.

207.441 St. Marys Falls Canal and Locks, Mich.; security.

207.460 Fox River, Wis.

207.470 Sturgeon Bay and Lake Michigan Ship Canal, Wis.; use and navigation. 207.476 The Inland Route-lock in Crooked River, Alanson, Mich.; use, administration, and navigation.

207.480 Lake Huron, Mich.; Harbor of refuge, Harbor Beach; use and navigation. 207.560 Sandusky Harbor, Ohio; use, administration, and navigation. 207.565 Vermilion Harbor, Ohio; use, istration, and navigation.

admin

207.570 Harbors of Huron, Lorain. Cleveland.

Fairport. Ashtabula, Conneaut, Ohio: use. administration, and navigation. 207.580 Buffalo Harbor, N.Y.; use, administration, and navigation.

207.590 Black Rock Canal and Lock at Buffalo. N.Y.; use, administration and navigation.

207.600 Rochester (Charlotte) Harbor, N.Y.; use. administration, and navigation. 207.610 St. Lawrence River, Cape Vincent Harbor. N.Y.; use. administration, and navigation of the harbor and U.S. breakwater.

207.640 Sacramento Deep Water Ship Channel Barge Lock and Approach Canals; use. administration, and navigation. 207.680 Willamette River, Oreg.; use, administration. and navigation of canal and locks at Willamette Falls, Oreg.

207.718 Navigation locks and approach channels. Columbia and Snake Rivers, Oreg. and Wash.

207.750 Puget Sound Area, Wash. 207.800 Collection of navigation statistics. AUTHORITY: 40 Stat. 266 (33 U.S.C. 1).

§ 207.9 Mystic River, Mass.; dam of Commonwealth of Massachusetts, Metropolitan District Commission. (a) Definition and authority of superintendent. The term superintendent as used in the regulations in this section shall mean himself and/or his personnel then on duty at the dam. The positioning and movements of all watercraft of every description while in the locks or within 100 yards of the locks or dam shall be subject to the direction of the superintendent whose orders must be obeyed. This order does not relieve the master of the responsibility for the safety of his vessel.

are

(b) Description of locks. There three (3) locks to be used for the passage of vessels; one large lock 325 feet long, 45 feet wide, shall be used for vessels with draft up to seventeen (17) feet; two small locks each 120 feet long and 22 feet wide shall be used for boats up to six (6) feet draft.

(c) Maximum draft. Vessels drawing within six (6) inches of depth over the sills shall not be permitted lockage except under special permission of the superintendent. Every vessel using the locks and drawing more than ten (10) feet shall be accurately and distinctly marked at bow and stern showing the exact draft of water at such portions of the vessel. Gages set into the walls or the locks, both upstream and down

stream of each gate, indicate the de in feet of water over the sill of gate.

(d) Vessels denied lockage. The sup intendent may deny passage thro the locks to any craft with shar rough projecting corners, overhang equipment or cargo, or any craft or that is in sinking condition or in & way unseaworthy or insufficier: manned and equipped, or any craft fa ing to comply with the regulations this section or with any orders giver. pursuance thereof.

(e) Protection of lock gates. (1) In: case shall boats be permitted to ente or leave any of the locks until directe to do so by the superintendent. Boat shall not be permitted to enter or star to leave until the lock gates are at res within the gate recesses. All person whether in charge of vessels or not, ar prohibited from willfully or careless. damaging the locks or any of the a purtenances or the grounds adjacer thereto, and from throwing or allowing any material of any kind to fall from the barge, scow or other vessel into the locks.

(2) No person shall permit or suffer any vessel, scow, raft, or float to come in contract with any gate or any of the locks of the Amelia Earhart Dam.

(f) Damage to walls. The sides of all craft passing through the locks must be free from projection of any kind which might injure the lock walls. All craft must be provided with suitable fenders. One or more men as the superintendent may direct shall be kept at the head of every tow until it has cleared the lock and guide walls, and shall protect the walls by use of the fenders.

(g) Unnecessary delay at locks. No person shall cause or permit any craft of which he is in charge to remain in the locks or their approaches for a longer period of time than is necessary for the passage of the locks unless he is especially permitted to do so by the superintendent, and if such craft is, in the opinion of such superintendent, in a position to obstruct navigation, it shall be removed at once as requested or directed by the superintendent.

(h) Procedure at locks. The locks shall be operated promptly for the passage of all craft upon signal, excepting only in