C.F.R. » Title 33 » CHAPTER II—CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE › PART 203—EMERGENCY EMPLOYMENT OF ARMY AND OTHER RESOURCES, NATURAL DISASTER PROCEDURES › Subpart D—Rehabilitation Assistance for Flood Control Works Damaged by Flood or Coastal Storm: The Corps Rehabilitation and Inspection Program

33 C.F.R. § 203.44

Rehabilitation of non-Federal flood control works

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(a) Scope of work. The Corps will provide assistance in the rehabilitation of non-Federal projects only when repairs are clearly beyond the normal physical and financial capabilities of the project sponsor. The urgency of the work required will be considered in determining the sponsor's capability.

(b) Eligibility for Rehabilitation Assistance. A flood control project is eligible for Rehabilitation Assistance provided that the project is in an Active status at the time of the flood event, the damage was caused by the flood event, the work can be economically justified, and the work is not otherwise prohibited by this subpart D.

(c) Work at non-Federal expense. At the earliest opportunity prior to commencement of or during authorized rehabilitation work, the Corps will inform the project sponsor of any work that must be accomplished at non-Federal cost. This includes costs to correct maintenance deficiencies, and any modifications that are necessary to preserve the integrity of the project.

(d) Nonconforming works. Any non-Federal project constructed or modified without the appropriate local, State, tribal, and/or Federal permits, or waivers thereof, will not be rehabilitated under Public Law 84-99.

(e) Cooperation Agreements. A Cooperation Agreement is required in accordance with subpart G of this part.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2021 · leading case: Jackson-Greenly Farm, Inc. v. United States (Fed. Cl. 2019).
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Jackson-Greenly Farm, Inc. v. United States (Fed. Cl. 2019). “; see 33 C.F.R. § 203.44 (b) (“A flood control project is eligible for Rehabilitation Assistance provided that the project is in an Active status at the time of the flood event, the damage was caused by the flood event, the work can be economically justified, and the work is not…”
Jackson-Greenly Farm, Inc. v. United States (Fed. Cir. 2021). “This cost benefit analysis reflected the Corps’ ability to approve rehabilitation projects for non-Federal flood control works only when the work could be economically justified, a requirement now appearing in 33 C.F.R. § 203.44 . Case: 20-1113 Document: 41 Page: 5 Filed:…”
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