[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2008 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
33
Part 200 to End
Revised as of July 1, 2008
Navigation and Navigable Waters
________________________
Containing a codification of documents of general
applicability and future effect
As of July 1, 2008
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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Table of Contents
Page
Explanation................................................. v
Title 33:
Chapter II--Corps of Engineers, Department of the
Army, Department of Defense 3
Chapter IV--Saint Lawrence Seaway Development
Corporation, Department of Transportation 691
Finding Aids:
Material Approved for Incorporation by Reference........ 735
Table of CFR Titles and Chapters........................ 737
Alphabetical List of Agencies Appearing in the CFR...... 757
List of CFR Sections Affected........................... 767
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 33 CFR 203.11 refers
to title 33, part 203,
section 11.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the
Executivedepartments and agencies of the Federal Government. The Code is
divided into 50 titles which represent broad areas subject to Federal
regulation. Eachtitle is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specificregulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
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LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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To determine whether a Code volume has been amended since its
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control numberwith their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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What is incorporation by reference? Incorporation by reference was
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This material, like any other properly issued regulation, has the
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What is a proper incorporation by reference? The Director of the
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(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
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Properly approved incorporations by reference in this volume are
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What if the material incorporated by reference cannot be found? If
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the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
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July 1, 2008.
[[Page ix]]
THIS TITLE
Title 33--Navigation and Navigable Waters is composed of three
volumes. The contents of these volumes represent all current
regulationscodified under this title of the CFR as of July 1, 2008. The
first and second volumes, parts 1-124 and 125-199, contain current
regulationsof the Coast Guard, Department of Homeland Security. The
third volume, part 200 to End, contains current regulations of the Corps
of Engineers, Departmentof the Army, and the Saint Lawrence Seaway
Development Corporation, Department of Transportation.
In volumes one and two, subject indexes follow the subchapters in
chapter I.
For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Michael L.White, assisted by Ann Worley.
[[Page 1]]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
(This book contains part 200 to End)
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Part
chapter ii--Corps of Engineers, Department of the Army,
Department of Defense..................................... 203
chapter iv--Saint Lawrence Seaway Development Corporation,
Department of Transportation.............................. 401
Cross Reference: For research and development, laboratory research and
development and tests, work for others regulations, see 32 CFR
part555.
Abbreviation Used in Chapter II:
CE = Corps of Engineers.
[[Page 3]]
CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF
DEFENSE
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Editorial Note: Other regulations issued by the Department of the Army
appear in Title 32, Chapter V; Title 33, Chapter II; and Title
36,Chapter III, of the Code of Federal Regulations.
Part Page
203 Emergency employment of Army and other
resources, natural disaster procedures.. 5
207 Navigation regulations...................... 26
208 Flood control regulations................... 106
209 Administrative procedure.................... 140
210 Procurement activities of the Corps of
Engineers............................... 165
211 Real estate activities of the Corps of
Engineers in connection with civil works
projects................................ 182
214 Emergency supplies of drinking water........ 198
220 Design criteria for dam and lake projects... 201
221 Work for others............................. 202
222 Engineering and design...................... 218
223 Boards, commissions, and committees......... 311
230 Procedures for implementing NEPA............ 312
236 Water resource policies and authorities:
Corps of Engineers participation in
improvements for environmental quality.. 324
238 Water resources policies and authorities:
Flood damage reduction measures in urban
areas................................... 326
239 Water resources policies and authorities:
Federal participation in covered flood
control channels........................ 329
240 General credit for flood control............ 331
241 Flood control cost-sharing requirements
under the ability to pay provision...... 337
242 Flood Plain Management Services Program
establishment of fees for cost recovery. 343
245 Removal of wrecks and other obstructions.... 344
263 Continuing authorities programs............. 348
273 Aquatic plant control....................... 366
274 Pest control program for civil works
projects................................ 371
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276 Water resources policies and authorities:
Application of section 134a of Public
Law 94-587.............................. 375
277 Water resources policies and authorities:
Navigation policy: Cost apportionment of
bridge alterations...................... 378
279 Resource use: Establishment of objectives... 386
320 General regulatory policies................. 391
321 Permits for dams and dikes in navigable
waters of the United States............. 404
322 Permits for structures or work in or
affecting navigable waters of the United
States.................................. 405
323 Permits for discharges of dredged or fill
material into waters of the United
States.................................. 413
324 Permits for ocean dumping of dredged
material................................ 420
325 Processing of Department of the Army permits 421
326 Enforcement................................. 451
327 Public hearings............................. 462
328 Definition of waters of the United States... 465
329 Definition of navigable waters of the United
States.................................. 467
330 Nationwide permit program................... 472
331 Administrative appeal process............... 483
332 Compensatory mitigation for losses of
aquatic resources....................... 498
334 Danger zone and restricted area regulations. 528
335 Operation and maintenance of Army Corps of
Engineers civil works projects involving
the discharge of dredged or fill
material into waters of the U.S.or ocean
waters.................................. 624
336 Factors to be considered in the evaluation
of Army Corps of Engineers dredging
projects involving the discharge of
dredged material into waters of theU.S.
and ocean waters........................ 626
337 Practice and procedure...................... 634
338 Other Corps activities involving the
discharge of dredged material or fill
into waters of the U.S.................. 640
384 Intergovernmental review of Department of
the Army Corps of Engineers programs and
activities.............................. 641
385 Programmatic regulations for the
comprehensive Everglades Restoration
Plan.................................... 644
[[Page 5]]
PART 203_EMERGENCY EMPLOYMENT OF ARMY AND OTHER RESOURCES, NATURAL DISASTER PROCEDURES--Table of Contents
Subpart A_Introduction
Sec.
203.11 Purpose.
203.12 Authority.
203.13 Available assistance.
203.14 Responsibilities of non-Federal interests.
203.15 Definitions.
203.16 Federally recognized Indian Tribes and the Alaska Native
Corporations.
Subpart B_Disaster Preparedness
203.21 Disaster preparedness responsibilities of non-Federal interests.
Subpart C_Emergency Operations
203.31 Authority.
203.32 Policy.
Subpart D_Rehabilitation Assistance for Flood Control Works Damaged by
Flood or Coastal Storm: The Corps Rehabilitation and Inspection Program
203.41 General.
203.42 Inspection of non-Federal flood control works.
203.43 Inspection of Federal flood control works.
203.44 Rehabilitation of non-Federal flood control works.
203.45 Rehabilitation of Federal flood control works.
203.46 Restrictions.
203.47 Modifications to non-Federal flood control works.
203.48 Inspection guidelines for non-Federal flood control works.
203.49 Rehabilitation of Hurricane and Shore Protection Projects.
203.50 Nonstructural alternatives to rehabilitation of flood control
works.
203.51 Levee owner's manual.
203.52 [Reserved]
Subpart E_Emergency Water Supplies: Contaminated Water Sources and
Drought Assistance
203.61 Emergency water supplies due to contaminated water source.
203.62 Drought assistance.
Subpart F_Advance Measures
203.71 Policy.
203.72 Eligibility criteria and procedures.
Subpart G_Local Interests/Cooperation Agreements
203.81 General.
203.82 Requirements of local cooperation.
203.83 Additional requirements.
203.84 Forms of local participation--cost sharing.
203.85 Rehabilitation of Federal flood control projects.
203.86 Transfer of completed work to local interests.
Authority: 33 U.S.C. 701n.
Source: 68 FR 19359, Apr. 21, 2003, unless otherwise noted.
Subpart A_Introduction
Sec. 203.11 Purpose.
This part prescribes administrative policies, guidance, and
operating procedures for natural disaster preparedness, response, and
recovery activitiesof the United States Army Corps of Engineers.
Sec. 203.12 Authority.
Section 5 of the Flood Control Act of 1941, as amended, (33 U.S.C.
701n) (69 Stat. 186), commonly and hereinafter referred to as Public
Law84-99, authorizes an emergency fund to be expended at the discretion
of the Chief of Engineers for: preparation for natural disasters;
floodfighting and rescue operations; repair or restoration of flood
control works threatened, damaged, or destroyed by flood, or
nonstructural alternativesthereto; emergency protection of federally
authorized hurricane or shore protection projects which are threatened,
when such protection is warranted toprotect against imminent and
substantial loss to life and property; and repair and restoration of
federally authorized hurricane or shore protectionprojects damaged or
destroyed by wind, wave, or water of other than ordinary nature. The law
includes provision of emergency supplies of clean water when
acontaminated source threatens the public health and welfare of a
locality, and activities necessary to protect life and improved property
from a threatresulting from a major flood or coastal storm. This law
authorizes the Secretary of the Army (Secretary) to construct wells and
to transport water
[[Page 6]]
within areas determined by the Secretary to be drought-distressed. The
Secretary of the Army has delegated the authority vested in the
Secretary underPublic Law 84-99 through the Assistant Secretary of the
Army (Civil Works) to the Chief of Engineers, subject to such further
direction as theSecretary may provide.
Sec. 203.13 Available assistance.
Corps assistance provided under authority of Public Law 84-99 is
intended to be supplemental to State and local efforts. The
principalassistance programs and activities of the Corps are described
in this section.
(a) Disaster preparedness. Technical assistance for many types of
disasters is available to State and local interests. Primary Corps
efforts arefocused on technical assistance for, and inspections of,
flood control works, and related flood fight preparedness and training
activities. Technicalassistance for specialized studies, project
development, and related activities, and requirements for long term
assistance, are normally beyond the scopeof disaster preparedness
assistance, and are appropriately addressed by other Corps authorities
and programs. Subpart B addresses disaster preparednessresponsibilities
and activities.
(b) Emergency operations. Emergency operations, consisting of Flood
Response (flood fight and rescue operations) and Post Flood
Responseassistance, may be provided to supplement State and local
emergency operations efforts. Subpart C of this part addresses emergency
operations assistance.
(c) Rehabilitation. The Corps may rehabilitate flood control works
damaged or destroyed by floods and coastal storms. The Corps
Rehabilitationand Inspection Program (RIP) incorporates both disaster
preparedness activities and Rehabilitation Assistance. The RIP consists
of a process to inspectflood control works; a status determination,
i.e., an inspection-based determination of qualification for future
potential Rehabilitation Assistance;and the provision of Rehabilitation
Assistance to those projects with Active status that are damaged in a
flood or coastal storm event. Subpart D addressesRehabilitation
Assistance and the RIP.
(d) Emergency water supplies due to contaminated water source. The
Corps may provide emergency supplies of clean water to any locality
confrontedwith a source of contaminated water causing, or likely to
cause, a substantial threat to the public health and welfare of the
inhabitants of the locality.Subpart E addresses emergency water supply
assistance.
(e) Drought assistance. Corps assistance may be provided to drought-
distressed areas (as declared by the Secretary of the Army or his
delegatednominee) to construct wells and to transport water for human
consumption. Subpart E addresses drought assistance.
(f) Advance Measures. Advance Measures assistance may be provided to
protect against imminent threats of predicted, but unusual, floods.
AdvanceMeasures projects must be justified from an engineering and
economic standpoint, and must be capable of completion in a timely
manner. Advance Measuresassistance may be provided only to protect
against loss of life and/or significant damages to improved property due
to flooding. Subpart F of this partaddresses Advance Measures
assistance.
Sec. 203.14 Responsibilities of non-Federal interests.
Non-Federal interests, which include State, county and local
governments; federally recognized Indian Tribes; and Alaska Native
Corporations, arerequired to make full use of their own resources before
Federal assistance can be furnished. The National Guard, as part of the
State's resources when itis under State control, must be fully utilized
as part of the non-Federal response. Non-Federal responsibilities
include the following:
(a) Disaster preparedness. Disaster preparedness is a basic tenet of
State and local responsibility. Disaster preparedness responsibilities
ofnon-Federal interests include:
(1) Operation and maintenance of flood control works;
[[Page 7]]
(2) Procurement and stockpiling of sandbags, pumps, and/or other
materials or equipment that might be needed during flood situations;
(3) Training personnel to operate, maintain, and patrol projects
during crisis situations, and preparation of plans to address emergency
situations;
(4) Taking those actions necessary for flood control works to gain
and maintain an Active status in the Corps Rehabilitation and Inspection
Program(RIP), as detailed in subpart D of this part; and,
(5) Responsible regulation, management, and use of floodplain areas.
(b) Emergency operations. During emergency operations, non-Federal
interests must commit available resources, to include work force,
supplies,equipment, and funds. Requests for Corps emergency operations
assistance will be in writing from the appropriate State, tribal, or
local official. Forflood fight direct assistance and Post Flood Response
assistance, non-Federal interests must furnish formal written assurances
of local cooperation byentering into Cooperation Agreements (CA's), as
detailed in subpart G of this regulation. (For Corps work authorized
under Public Law 84-99, theterm ``Cooperation Agreement'' is used to
differentiate this agreement from a Project Cooperation Agreement (PCA)
that addresses the originalconstruction of a project.) Following Flood
Response or Post Flood Response assistance, it is a non-Federal
responsibility to remove expedient floodcontrol structures and similar
works installed by the Corps under Public Law 84-99.
(c) Rehabilitation of non-Federal flood control projects. Prior to
Corps rehabilitation of non-Federal flood control projects, non-
Federalinterests must furnish formal written assurances of local
cooperation by entering into a CA, as detailed in subpart G of this
part. Requirements of localparticipation include such items as provision
of lands, easements, rights-of-way, relocations, and suitable borrow and
dredged or excavated materialdisposal areas (LERRD's), applicable cost-
sharing, and costs attributable to deficient and/or deferred
maintenance.
(d) Rehabilitation of Federal flood control projects. Sponsors of
Federal flood control projects are usually not required to furnish
writtenassurances of local cooperation, if the PCA for the original
construction of the project is sufficient. (Note: The PCA may also be
referred to as alocal cooperation agreement (LCA), cooperation and
participation agreement (C&P), or similar terms.) In lieu of a new PCA,
the Corps will notify thesponsor of the sponsor's standing requirements,
including such items as LERRD's, costs attributable to deficient or
deferred maintenance, removal oftemporary works, relocations, and any
cost-sharing requirements contained in subpart G of Sec. 203.82.
Modifications to the existing Operationand Maintenance Manual may be
required based on the Rehabilitation Assistance required.
(e) Emergency water supplies due to contaminated water source.
Except for federally recognized Indian Tribes or Alaska Native
Corporations, Non-Federal interests must first seek emergency water
assistance through the Governor of the affected State. If the State is
unable to provide the neededassistance, then the Governor or his or her
authorized representative must request Corps assistance in writing.
Similarly, requests for Corps assistancefor Indian Tribes or Alaska
Native Corporations must be submitted in writing. A CA (see subpart G of
this part) is required prior to assistance beingrendered. Requests for
assistance must include information concerning the criteria prescribed
by subpart E of this part.
(f) Drought assistance. Except for federally recognized Indian
Tribes or Alaska Native Corporations, non-Federal interests must first
seekemergency drinking water assistance through the Governor of the
affected State. Requests for Corps assistance will be in writing from
the Governor or hisor her authorized representative. Similarly, requests
for Corps assistance for Indian Tribes or Alaska Native Corporations
must be submitted in writing. ACA (see subpart G of this part) is
required prior to assistance being rendered. Assistance can be provided
to those drought-distressed areas (as declaredby the Secretary of the
Army) to construct wells and to transport water for
[[Page 8]]
human consumption. Requests for assistance must include
informationconcerning the criteria prescribed by subpart E of this part.
(g) Advance Measures. Advance Measures assistance should complement
the maximum non-Federal capability. Requests for assistance must be made
bythe Governor of the affected State, except requests for assistance on
tribal lands held in trust by the United States, or on lands of the
Alaska Natives,may be submitted directly by the affected Federally
recognized Indian Tribe or Alaska Native Corporation, or through the
regional representative of theBureau of Indian Affairs, or through the
Governor of the State in which the lands are located. A CA (see subpart
G of this part) is required prior toassistance being rendered. Non-
Federal participation may include either financial contribution or
commitment of non-Federal physical resources, or both.
Sec. 203.15 Definitions.
The following definitions are applicable throughout this part:
Federal project. A project constructed by the Corps, and
subsequently turned over to a local sponsor for operations and
maintenanceresponsibility. This definition also includes any project
specifically designated as a Federal project by an Act of Congress.
Flood control project: A project designed and constructed to have
appreciable and dependable effects in preventing damage from irregular
andunusual rises in water level. For a multipurpose project, only those
components that are necessary for the flood control function are
considered eligiblefor Rehabilitation Assistance.
Governor. All references in part 203 to the Governor of a State also
refer to: the Governors of United States commonwealths, territories,
andpossessions; and the Mayor of Washington, D.C.
Hurricane/Shore Protection Project (HSPP). A flood control project
designed and constructed to have appreciable and predictable effects
inpreventing damage to developed areas from the impacts of hurricanes,
tsunamis, and coastal storms. These effects are primarily to protect
against waveaction, storm surge, wind, and the complicating factors of
extraordinary high tides. HSPP's include projects known as shore
protection projects, shoreprotection structures, periodic nourishment
projects, shore enhancement projects, and similar terms. Components of
an HSPP may include both hard (permanentconstruction) and soft
(sacrificial, i.e., sand) features.
Non-Federal project. A project constructed with non-Federal funds,
or a project constructed by tribal, State, local, or private interests,
or acomponent of such a project. A project constructed under Federal
emergency disaster authorities, such as Public Law 84-99 or the Robert
T. StaffordDisaster Relief and Emergency Assistance Act, as amended (42
U.S.C. 5121, et seq.) (hereinafter referred to as the Stafford Act), is
a non-Federalproject unless it repairs or replaces an existing Federal
project. Works Progress Administration (WPA) projects, and projects
funded completely orpartially by other (non-Corps) Federal agencies, are
considered non-Federal projects for the application of Public Law 84-99
authority.
Non-Federal sponsor. A non-Federal sponsor is a public entity that
is a legally constituted public body with full authority and capability
toperform the terms of its agreement as the non-Federal partner of the
Corps for a project, and able to pay damages, if necessary, in the event
of itsfailure to perform. A non-Federal sponsor may be a State, County,
City, Town, Federally recognized Indian Tribe or tribal organization,
Alaska NativeCorporation, or any political subpart of a State or group
of states that has the legal and financial authority and capability to
provide the necessary cashcontributions and LERRD's necessary for the
project.
Repair and rehabilitation. The term ``repair and rehabilitation''
means the repair or rebuilding of a flood control structure, afterthe
structure has been damaged by a flood, hurricane, or coastal storm, to
the level of protection provided by the structure prior to the flood,
hurricane,or coastal storm. ``Repair and rehabilitation'' does not
include improvements (betterments) to
[[Page 9]]
the structure, nor does ``repair andrehabilitation'' include any repair
or rebuilding of a flood control structure that, in the normal course of
usage, has become structurally unsoundand is no longer fit to provide
the level of protection for which it was designed.
Sec. 203.16 Federally recognized Indian Tribes and the Alaska Native Corporations.
Requests for Public Law 84-99 assistance on tribal lands held in
trust by the United States, or on lands of the Alaska Natives, may be
submittedto the Corps directly by the affected federally recognized
Indian Tribe or Alaska Native Corporation, or through the appropriate
regional representative ofthe Bureau of Indian Affairs, or through the
Governor of the State.
Subpart B_Disaster Preparedness
Sec. 203.21 Disaster preparedness responsibilities of non-Federal interests.
Disaster preparedness is a basic tenet of State and local
responsibility. Assistance provided under authority of Public Law 84-99
is intended tobe supplemental to the maximum efforts of State and local
interests. Assistance under Public Law 84-99 will not be provided when
non-Federalinterests have made insufficient efforts to address the
situation for which assistance is requested. Assistance under Public Law
84-99 will not beprovided when a request for such assistance is based
entirely on a lack of fiscal resources with which to address the
situation. Non-Federal interests'responsibilities are addressed in
detail as follows:
(a) Operation and maintenance of flood control works. Flood control
works must be operated and maintained by non-Federal interests.
Maintenanceincludes both short-term activities (normally done on an
annual cycle, or more frequently) such as vegetation control and control
of burrowing animals, andlonger term activities such as repair or
replacement of structural components (e.g., culverts) of the project.
(b) Procurement/stockpiling. Procurement and stockpiling of
sandbags, pumps, and/or other materials or equipment that might be
needed duringflood situations is a non-Federal responsibility. The Corps
is normally a last resort option for obtaining such materials. Local
interests should requestsuch materials from State assets prior to
seeking Corps assistance. Local interests are responsible for
reimbursing (either in kind or in cash) the Corpsfor expendable flood
fight supplies and materials, and returning items such as pumps. When a
flood is of sufficient magnitude to receive a Stafford Actemergency or
disaster declaration, then the District Engineer may waive reimbursement
of expendable supplies.
(c) Training and plans. Training personnel to operate, maintain, and
patrol flood control projects during crisis situations is a non-
Federalresponsibility. Specific plans should be developed and in place
to address known problem areas. For instance, the non-Federal sponsor of
a levee reachprone to boils should have personnel specifically trained
in flood fighting boils. In addition, contingency plans must be made
when needed to address shortterm situations. For instance, if a culvert
through a levee is being replaced, then the contingency plan should
address all actions needed should a floodevent occur during the
construction period when levee integrity is lacking.
(d) Corps Rehabilitation and Inspection Program for Flood Control
Works. To be eligible for Rehabilitation Assistance under Public Law84-
99, it is a non-Federal responsibility to take those actions necessary
for flood control works to gain and maintain an Active status in the
CorpsRehabilitation and Inspection Program (RIP), as detailed in subpart
D of this part.
Subpart C_Emergency Operations
Sec. 203.31 Authority.
Emergency operations under Public Law 84-99 apply to Flood Response
and Post Flood Response activities. Flood Response activities include
floodfighting, rescue operations, and protection of Corps-constructed
hurricane/shore protection projects. Post Flood Response activities
include certainlimited activities intended to prevent imminent loss of
life or significant public
[[Page 10]]
property, or to protect against significant threats to public healthand
welfare, and are intended to bridge the time frame between the
occurrence of a disaster and the provision of disaster relief efforts
under authority ofThe Stafford Act.
(a) Flood Response. Flood Response measures are applicable to any
flood control work where assistance is supplemental to tribal, State,
and localefforts, except that Corps assistance is not appropriate to
protect flood control works constructed, previously repaired, and/or
maintained by otherFederal agencies, where such agencies have emergency
flood fighting authority. Further, Flood Response measures (except
technical assistance) are notappropriate for flood control works
protecting strictly agricultural lands. Corps assistance in support of
other Federal agencies, or State and localinterests, may include the
following: technical advice and assistance; lending of flood fight
supplies, e.g., sandbags, lumber, polyethylene sheeting, orstone;
lending of Corps-owned equipment; hiring of equipment and operators for
flood operations; emergency contracting; and similar measures.
(b) Post Flood Response. The Corps may furnish Post Flood Response
assistance for a period not to exceed 10 days (the statutory limitation)
fromthe date of the Governor's request to the Federal Emergency
Management Agency for an emergency or disaster declaration under
authority of the Stafford Act.Requests for Post Flood Response
assistance must be made by the Governor of the affected State, except
that requests for assistance on lands held in trustby the United States,
or on lands of the Alaska Natives, may be submitted directly by the
affected federally recognized Indian Tribe or Alaska NativeCorporation,
or through the appropriate regional representative of the Bureau of
Indian Affairs, or through the Governor of the State in which the
landsare located. Assistance from the Corps may include the following:
provision of technical advice and assistance; cleaning of drainage
channels, bridgeopenings, or structures blocked by debris deposited
during a flood event, where the immediate threat of flooding of or
damage to public facilities has notabated; removal of debris blockages
of critical water supply intakes, sewer outfalls, etc.; clearance of the
minimum amounts of debris necessary to reopencritical transportation
routes or public services/facilities; other assistance required to
prevent imminent loss of life or significant damage to publicproperty,
or to protect against significant threats to public health and welfare.
Post Flood Response assistance is supplemental to the maximum efforts
ofnon-Federal interests.
Sec. 203.32 Policy.
Prior to, during, or immediately following flood or coastal storm
activity, emergency operations may be undertaken to supplement State and
localactivities. Corps assistance is limited to the preservation of life
and property, i.e., residential/commercial/industrial developments, and
publicfacilities/services. Direct assistance to individual homeowners,
individual property owners, or businesses is not permitted. Assistance
will be temporaryto meet the immediate threat, and is not intended to
provide permanent solutions. All Corps activities will be coordinated
with the State EmergencyManagement Agency or equivalent. Reimbursement
of State or local emergency costs is not authorized. The local
assurances required for the provision ofCorps assistance apply only to
the work performed under Public Law 84-99, and will not prevent State or
local governments from receiving otherFederal assistance for which they
are eligible.
(a) Flood Response. Requests for Corps assistance will be in writing
from the appropriate requesting official, or his or her
authorizedrepresentative. When time does not permit a written request, a
verbal request from a responsible tribal, State, or local official will
be accepted,followed by a written confirmation.
(1) Corps assistance may include operational control of flood
response activities, if requested by the responsible tribal, State, or
local official.However, legal responsibility always remains with the
tribal, State, and local officials.
[[Page 11]]
(2) Corps assistance will be terminated when the flood waters recede
below bankfull, absent a short term threat (e.g., a significant storm
frontexpected to arrive within a day or two) likely to cause additional
flooding.
(3) Removal of ice jams is a local responsibility. Corps technical
advice and assistance, as well as assistance with flood fight
operations, can beprovided to supplement State and local efforts. The
Corps will not perform ice jam blasting operations for local interests.
(b) Post Flood Response. A written request from the Governor is
required to receive Corps assistance. Corps assistance will be limited
to majorfloods or coastal storm disasters resulting in life threatening
situations. The Governor's request will include verification that the
Federal EmergencyManagement Agency (FEMA) has been requested to make an
emergency or disaster declaration; a statement that the assistance
required is beyond the State'scapability; specific damage locations; and
the extent of Corps assistance required to supplement State and local
efforts. Corps assistance is limited to 10days following receipt of the
Governor's written request, or on assumption of activities by State and
local interests, whichever is earlier. After aGovernor's request has
triggered the 10-day period, subsequent request(s) for additional
assistance resulting from the same flood or coastal storm eventwill not
extend the 10-day period, or trigger a new 10-day period. The Corps will
deny any Governor's request for Post Flood Response if it is
receivedsubsequent to a Stafford Act Presidential disaster declaration,
or denial of such a declaration. Shoreline or beach erosion damage
reduction/preventionactions under Post Flood Response will normally not
be undertaken unless there is an immediate threat to life or critical
public facilities.
(c) Loan or issue of supplies and equipment. (1) Issuance of
Government-owned equipment or materials to non-Federal interests is
authorized onlyafter local resources have been fully committed.
(2) Equipment that is lent will be returned to the Corps immediately
after the flood operation ceases, in a fully maintained condition, or
with fundsto pay for such maintenance. The Corps may waive the non-
Federal interest's responsibility to pay for or perform maintenance if a
Stafford Act Presidentialemergency or disaster declaration has already
been made for the affected locality, and the waiver is considered
feasible and reasonable.
(3) Expendable supplies that are lent, such as sandbags, will be
replaced in kind, or paid for by local interests. The Corps may waive
the localinterest's replacement/payment if a Stafford Act Presidential
disaster declaration has been made for the affected locality, and the
waiver is consideredfeasible and reasonable. All unused expendable
supplies will be returned to the Corps when the operation is terminated.
Subpart D_Rehabilitation Assistance for Flood Control Works Damaged by
Flood or Coastal Storm: The Corps Rehabilitation and Inspection Program
Sec. 203.41 General.
(a) Authority. Public Law 84-99 authorizes repair and restoration of
the following types of projects to ensure their continued function:
(1) Flood control projects.
(2) Federally authorized and constructed hurricane/shore protection
projects.
(b) Implementation of authority. The Rehabilitation and Inspection
Program (RIP) implements Public Law 84-99 authority to repair
andrehabilitate flood control projects damaged by floods and coastal
storm events. The RIP consists of a process to inspect flood control
work; a statusdetermination, i.e., an inspection-based determination of
qualification for future Rehabilitation Assistance; and the provision of
RehabilitationAssistance to those projects with Active status that are
damaged in a flood or coastal storm event.
(c) Active status. In order for a flood control work to be eligible
for Rehabilitation Assistance, it must be in an Active status at the
time ofdamage from a flood or coastal storm event. To gain an Active
status, a non-Federal flood control work must meet certain
[[Page 12]]
engineering, maintenance, andqualification criteria, as determined by
the Corps during an Initial Eligibility Inspection (IEI). To retain an
Active status, Federal and non-Federalflood control works must continue
to meet inspection criteria set by the Corps, as determined by the Corps
during a Continuing Eligibility Inspection(CEI). All flood control works
not in an Active status are considered to be Inactive, regardless of
whether or not they have previously received a Corpsinspection, or Corps
assistance.
(d) Modification of flood control projects. Modification of a flood
control project to increase the level of protection, or to provide
protectionto a larger area, is beyond the scope of Public Law 84-99
assistance. Such modifications to Federal projects are normally
accomplished undercongressional authorization and appropriation, or
under Continuing Authorities Programs of the Corps. Such modifications
to non-Federal projects arenormally accomplished by the non-Federal
sponsor and local interests. Modifications necessary to preserve the
structural integrity of an existing non-Federal flood control project
may be funded by the RIP, but such work must meet the criteria
established in Sec. 203.47 to be eligible forfunding under Public Law
84-99.
Sec. 203.42 Inspection of non-Federal flood control works.
(a) Required inspections. The Corps will conduct inspections of non-
Federal flood control works. These inspections are IEI's and CEI's.
Conductof IEI's and CEI's will be as provided for in Sec. 203.48.
(1) Corps involvement with any non-Federal flood control work
normally begins when the sponsor requests an IEI. The Corps will conduct
an IEI todetermine if the flood control work meets minimum engineering
and maintenance standards and is capable of providing the intended
degree of floodprotection. An Acceptable or Minimally Acceptable rating
(see Sec. 203.48) on the IEI is required to allow the project to gain
an Active statusin the RIP.
(2) CEI's are conducted periodically to ensure that projects Active
in the RIP continue to meet Corps standards, and to determine if the
sponsor'smaintenance program is adequate. A rating of Acceptable or
Minimally Acceptable (see Sec. 203.48) on a CEI is required in order to
retain anActive status in the RIP.
(b) Advice and reporting. Information on the results of IEI and CEI
inspections will be furnished in writing to non-Federal sponsors, and
will bemaintained in Corps district offices.
(1) Non-Federal sponsors will be informed that an IEI rating of
Unacceptable will cause the flood control work to remain in an Inactive
status, andineligible for Rehabilitation Assistance.
(2) Non-Federal sponsors will be informed that a CEI rating of
Unacceptable will cause the flood control work to be placed in an
Inactive status, andineligible for Rehabilitation Assistance.
(3) Non-Federal sponsors will be informed that maintenance
deficiencies found during CEI's may negatively impact on eligibility of
futureRehabilitation Assistance, and the degree of local cost-sharing
participation in any proposed work. Follow-up inspections can be made by
the Corps tomonitor progress in correcting deficiencies when warranted.
Sec. 203.43 Inspection of Federal flood control works.
(a) Required inspections. A completed Federal flood control project,
or completed functional portions thereof, is granted Active status in
theRIP upon transfer of the operation and maintenance of the project (or
functional portion thereof) to the non-Federal sponsor. Federal flood
control workswill be periodically inspected in accordance with 33 CFR
208.10 and Engineer Regulation (ER) 1130-2-530, Flood Control Operations
andMaintenance Policies. These periodic inspections of Federal flood
control works are also, for simplicity, known as CEI's. If a Federal
project is found tobe inadequately maintained on a CEI, then it will be
placed in an Inactive status in the RIP. [Note: This is a separate and
distinct action fromproject deauthorization, which is not within the
scope of PL 84-99 activities.] A Federal project will remain in an
Inactive status until such
[[Page 13]]
time as an adequate maintenance program is restored, and the project is
determined by the Corps to be adequately maintained.
(b) Advice and reporting. Information on the results of CEI
inspections will be furnished in writing to non-Federal sponsors, and
will bemaintained in Corps district offices. Non-Federal sponsors will
be informed that a CEI rating of Unacceptable will cause the flood
control work to beplaced in an Inactive status, and not eligible for
Rehabilitation Assistance. Non-Federal sponsors will be informed that
maintenance deficiencies foundduring CEI's may negatively impact on
eligibility of future Rehabilitation Assistance, and the degree of local
cost-sharing participation in any proposedwork. Follow-up inspections
can be made by the Corps to monitor progress in correcting deficiencies
when warranted.
Sec. 203.44 Rehabilitation of non-Federal flood control works.
(a) Scope of work. The Corps will provide assistance in the
rehabilitation of non-Federal projects only when repairs are clearly
beyond thenormal physical and financial capabilities of the project
sponsor. The urgency of the work required will be considered in
determining the sponsor'scapability.
(b) Eligibility for Rehabilitation Assistance. A flood control
project is eligible for Rehabilitation Assistance provided that the
project is inan 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 nototherwise 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
willinform the project sponsor of any work that must be accomplished at
non-Federal cost. This includes costs to correct maintenance
deficiencies, and anymodifications 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, orwaivers 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.
Sec. 203.45 Rehabilitation of Federal flood control works.
Rehabilitation of Federal flood control projects will be identical
to rehabilitation of non-Federal projects (Sec. 203.44), except for
thoseconditions contained in subpart G of this part concerning
cooperation agreements, when the original PCA for the Federal project is
sufficient. Additionalrequirements for Hurricane/Shore Protection
Projects are covered in Sec. 203.49.
Sec. 203.46 Restrictions.
(a) Restrictions to flood control works. Flood control works are
designed and constructed to have appreciable and dependable protection
in preventingdamage from irregular and unusual rises in water levels.
Structures built primarily for the purposes of channel alignment,
navigation, recreation, fish andwildlife enhancement, land reclamation,
habitat restoration, drainage, bank protection, or erosion protection
are generally ineligible for Public Law84-99 Rehabilitation Assistance.
(b) Non-flood related rehabilitation. Rehabilitation of flood
control structures damaged by occurrences other than floods, hurricanes,
or coastalstorms will generally not be provided under Public Law 84-99.
(c) Maintenance and deterioration deficiencies. Rehabilitation under
Public Law 84-99 will not be provided for either Federal or non-Federal
flood control projects that, as a result of poor maintenance or
deterioration, require substantial reconstruction. All deficient or
deferredmaintenance existing when flood damage occurs will be
accomplished by, or at the expense of, the non-Federal sponsor, either
prior to or concurrently withauthorized rehabilitation work. When work
accomplished by the Corps corrects deferred or deficient maintenance,
the estimated deferred or deficientmaintenance cost will not be included
as contributed non-Federal funds, and will be in addition to cost-
sharing requirements addressed inSec. 203.82. Failure of project
sponsors to correct deficiencies noted
[[Page 14]]
during Continuing Eligibility Inspections may result in ineligibilityto
receive Rehabilitation Assistance under Public Law 84-99.
(d) Economic justification. No flood control work will be
rehabilitated unless the work required satisfies Corps criteria for a
favorablebenefit-to-cost ratio, and the construction cost of the work
required exceeds $15,000. Construction costs greater than $15,000 do not
preclude the Corpsfrom making a determination that the required work is
a maintenance responsibility of the non-Federal sponsor, and not
eligible for Corps RehabilitationAssistance.
Sec. 203.47 Modifications to non-Federal flood control works.
Modifications necessary to preserve the structural integrity of
existing non-Federal projects may be constructed at additional Federal
and non-Federalexpense in conjunction with approved rehabilitation work.
The additional Federal cost will be limited to not more than one-third
of the estimated Federalconstruction cost of rehabilitation to preflood
level of protection, or $100,000, whichever is less. The modification
work must be economically justified.Non-Federal interests are required
to contribute a minimum of 25% of the total construction costs of the
modification, LERRD's, and any additional fundsnecessary to support the
remaining cost of the modification beyond what the Corps can provide.
Engineering and design costs will be at Corps cost.
(a) Cash contributions. Non-Federal contributions will be only in
cash. In-kind services are not permitted for modification work.
(b) Protection of additional areas. Modifications designed to
provide protection to additional area are not authorized.
Sec. 203.48 Inspection guidelines for non-Federal flood control works.
(a) Intent. The intent of these guidelines is to facilitate
inspections of the design, construction, and maintenance of non-Federal
flood controlworks. The guidelines are not intended to establish design
standards for non-Federal flood control works, but to provide uniform
procedures within theCorps for conducting required inspections. The
results of these inspections determine Active status in the RIP, and
thus determine eligibility forRehabilitation Assistance. The contents of
this section are applicable to both IEI's and CEI's.
(b) Level of detail. Evaluations of non-Federal flood control works
will be made through on site inspections and technical analyses by
Corpstechnical personnel. The level of detail required in an inspection
will be commensurate with the complexity of the inspected project, the
potential forcatastrophic failure to cause significant loss of life, the
economic benefits of the area protected, and other special circumstances
that may occur.Technical evaluation procedures are intended to establish
the general capability of a non-Federal flood control work to provide
reliable flood protection.
(c) Purposes. The IEI assesses the integrity and reliability of the
flood control work. In addition, other essential information required to
helpdetermine the Federal interest in future repairs/rehabilitation to
the flood control work will be obtained. The IEI will establish the
estimated level ofprotection and structural reliability of the existing
flood control work. Subsequent CEI's will seek to detect changed project
conditions that may have animpact on the reliability of the flood
protection provided by the flood control work, to include the level of
maintenance being performed on the floodcontrol work.
(d) Inspection components--(1) Hydrologic/hydraulic analyses. The
level of protection provided by a non-Federal flood control workwill be
evaluated and expressed in terms of exceedence frequency (e.g., a 20%
chance of a levee being overtopped in any given year). These analyses
alsoinclude an evaluation of existing or needed erosion control features
for portions of a project that may be threatened by stream flows,
overland flows, orwind generated waves.
(2) Geotechnical analyses. The Geotechnical evaluation will be based
primarily on a detailed visual inspection. As a minimum, for levees, the
IEIwill identify critical sections where levee stability appears weakest
and
[[Page 15]]
will document the location, reach, and cross-section at these points.
(3) Maintenance. Project maintenance analysis will evaluate the
maintenance performance of the non-Federal sponsor, and deficiencies of
theproject. This evaluation should reflect the level of maintenance
needed to assure the intended degree of flood protection, and assess the
performance ofrecent maintenance on the project. The effects of
structures on, over, or under the flood control work, such as buried
fiber optic cables, gas pipelines,etc., will be evaluated for impact on
the stability of the structure.
(4) Other structural features. Other features that may be present,
such as pump stations, culverts, closure structures, etc., will be
evaluated.
(e) Ratings. Inspected flood control works will receive a rating in
accordance with the table below. The table below provides the
generalassessment parameters used in assigning a rating to the inspected
flood control work.
------------------------------------------------------------------------
Rating Assessment
------------------------------------------------------------------------
A--Acceptable.......................... No immediate work required,
other than routine
maintenance. The flood control
project will function as
designed and intended,
andnecessary cyclic
maintenance is being
adequately performed.
M--Minimally Acceptable................ One or more deficient
conditions exist in the flood
control project that need to
be improved/corrected.
However, theproject will
essentially function as
designed and intended.
U--Unacceptable........................ One or more deficient
conditions exist which can
reasonably be foreseen to
prevent the project from
functioning as
designed,intended, or
required.
------------------------------------------------------------------------
(f) Sponsor reclama. If the results of a Corps evaluation are not
acceptable to the project sponsor, the sponsor may choose, at its own
expense,to provide a detailed engineering study, preferably certified by
a qualified Professional Engineer, as a reclama to attempt to change the
Corps evaluation.
Sec. 203.49 Rehabilitation of Hurricane and Shore Protection Projects.
(a) Authority. The Chief of Engineers is authorized to rehabilitate
any Federally authorized hurricane or shore protection structure damaged
ordestroyed by wind, wave, or water action of an other than ordinary
nature when, in the discretion of the Chief of Engineers, such
rehabilitation iswarranted for the adequate functioning of the project.
(b) Policies. (1) Rehabilitation of HSPP's is limited to the repair/
restoration of the HSPP to a pre-storm condition that allows for the
adequatefunctioning of the project, provided that the damage was caused
by an extraordinary storm.
(2) To be eligible for Rehabilitation Assistance, HSPP's must be:
(i) A completed element of a Federally authorized project; or,
(ii) A portion of a Federally authorized project constructed by non-
Federal interests when approval of such construction was obtained from
theCommander, Headquarters, U.S. Army Corps of Engineers (HQUSACE), or
his designated representative; or,
(iii) A portion of a Federally authorized project constructed by
non-Federal interests and designated by an Act of Congress as a Federal
project; and
(3) Rehabilitation Assistance for sacrificial features will be
limited to that necessary to reduce the immediate threat to life and
property, orrestoration to pre-storm conditions, whichever is less.
(4) To be eligible for rehabilitation, the sacrificial features of
an HSPP must be substantially eroded by wind, wave, or water action of
an other thanordinary nature. The determination of whether a storm
qualifies as extraordinary will be made by the Director of Civil Works,
and may be delegated to theChief, Operations Division, Directorate of
Civil Works.
(5) Rehabilitation will not be provided for uncompleted HSPP's. An
HSPP (or separable portion thereof) is considered completed when
transferred to thenon-Federal sponsor for operation and maintenance.
(6) Definition of extraordinary storm. An extraordinary storm is a
storm that, due to prolongation or severity, creates weather conditions
thatcause significant amounts of damage to a Hurricane/Shore Protection
Project. ``Prolongation or severity'' means a Category 3 or
higherhurricane as measured on the Saffir-Simpson scale, or a storm that
has an exceedance frequency equal to or greater than the design storm of
the project.``Significant
[[Page 16]]
amounts of damage'' have occurred when:
(i) The cost of the construction effort to effect repair of the HSPP
or separable element thereof (exclusive of dredge mobilization and
demobilizationcosts) exceeds $1 million and is greater than two percent
of the original construction cost (expressed in current day dollars) of
the HSPP or separableelement thereof; or,
(ii) The cost of the construction effort to effect repair of the
HSPP or separable element thereof (exclusive of dredge mobilization and
demobilizationcosts) exceeds $6 million; or,
(iii) More than one-third of the planned or historically placed sand
for renourishment efforts for the HSPP (or separable element thereof) is
lost.
(c) Procedural requirements. Rehabilitation of HSPP'S will be done
in accordance with Sec. 203.45, except as modified by this section.
(d) Combined rehabilitation and periodic nourishment. In some cases,
the non-Federal sponsor may wish to fully restore the sacrificial
featuresof a project where only a partial restoration is justifiable as
Rehabilitation Assistance. In these cases, a cost allocation between
RehabilitationAssistance and periodic nourishment under the terms of the
project PCA will be determined by the Director of Civil Works.
Sec. 203.50 Nonstructural alternatives to rehabilitation of flood control works.
(a) Authority. Under Public Law 84-99, the Chief of Engineers is
authorized, when requested by the non-Federal sponsor, to
implementnonstructural alternatives (NSA's) to the rehabilitation,
repair, or restoration of flood control works damaged by floods or
coastal storms.
(b) Policy. (1) The option of implementing an NSA project (NSAP) in
lieu of a structural repair or restoration is available only to non-
Federalsponsors of flood control works eligible for Rehabilitation
Assistance in accordance with this regulation, and only upon the request
of such non-Federalsponsors.
(2) A sponsor is required for implementation of an NSAP. The NSAP
sponsor must be either a non-Federal sponsor as defined in Sec. 203.15,
oranother Federal agency. The NSAP sponsor must demonstrate that it has
the legal authority and financial capability to provide for the required
items oflocal cooperation.
(3) The Corps shall not be responsible for the operation,
maintenance, or management of any NSAP implemented in accordance with
this section.
(4) The Corps may, in its sole discretion, reject any request for an
NSA that would:
(i) Lead to significantly increased flood protection expenses or
flood fighting expenses for public agencies, flood control works
sponsors, publicutilities, or the Federal Government; or,
(ii) Threaten or have a significant adverse impact on the integrity,
stability, or level of protection of adjacent or nearby flood control
works; or,
(iii) Lead to increased risk of loss of life or property during
flood events.
(5) The principal purposes of an NSAP are for:
(i) Floodplain restoration;
(ii) Provision or restoration of floodways; and,
Note to paragraphs (b)(5)(i) and (ii): Habitat restoration is
recognized as being a significant benefit that can be achieved with an
NSAP, andmay be a significant component of an NSAP, but is not
considered to be a principal purpose under PL 84-99 authority.
(iii) Reduction of future flood damages and associated flood control
works repair costs.
(c) Limitation on Corps expenditures. Exclusive of the costs of
investigation, report preparation, engineering and design work, and
relatedcosts, Corps expenditures for implementation of an NSAP are
limited to the lesser of the Federal share of rehabilitation
construction costs of the projectwere the flood control work to be
structurally rehabilitated in accordance with subpart D of this part, or
the Federal share of computed benefits whichwould be derived from such
structural rehabilitation. This limitation on Corps expenditures may be
waived by the Director of Civil Works or the Chief,Operations Division,
Directorate of Civil Works when compelling reasons exist.
[[Page 17]]
(d) Responsibilities of the NSAP non-Federal sponsor. (1) Operate
and maintain the NSAP;
(2) Provide, or arrange for and obtain, all funding required to
implement the NSAP in excess of the limitation established in paragraph
(c) of thissection.
(3) Accept the transfer of ownership of any lands or interests in
lands acquired by the Corps and determined by the Corps to be necessary
to implementthe NSAP.
(e) Responsibilities of other Federal agencies acting as NSAP
sponsor. The Corps may participate with one or more Federal agencies in
NSAP's. Ifthe Corps is the lead Federal agency, based on mutual
agreement of the Federal agencies, then a non-Federal NSAP sponsor is
required. (See paragraph(d) of this section.) If another Federal agency
is the lead Federal agency, then Corps participation in the NSAP will be
based on the content of thissection, with appropriate allowances for
effecting an NSAP in accordance with the authority and ultimate goal of
the lead Federal agency. In such cases, aMemorandum of Agreement between
the Corps and the lead Federal agency is required, in accordance with
paragraph (1) of this section.
(f) Responsibilities of the requesting flood control work project
sponsor. (1) The flood control work project sponsor must request the
Corpsundertake an NSA project in lieu of rehabilitation of the flood
control work, in accordance with the sponsor's applicable laws,
ordinances, rules, andregulations.
(2) If not also the NSAP sponsor, the flood control work project
sponsor must:
(i) Divest itself of responsibility to operate and maintain the
flood control work involved in the NSAP; and
(ii) Provide to the NSAP sponsor such lands or interests in lands as
it may have which the Corps determines are necessary to implement the
NSAP.
(g) Allowable Public Law 84-99 expenses for NSAP's. (1) Acquisition
of land or interests in land.
(2) Removal of structures, including manufactured homes, for salvage
and/or reuse purposes.
(3) Demolition and removal of structures, including utility
connections and related items.
(4) Debris removal and debris reduction.
(5) Removal, protection, and/or relocation of highways, roads,
utilities, cemeteries, and railroads.
(6) Construction to promote, enhance, control, or modify water flows
into, out of, through, or around the nonstructural project area.
(7) Nonstructural habitat restoration, to include select planting of
native and desirable plant species, native species nesting site
enhancements, etc.
(8) Total or partial removal or razing of existing reaches of levee,
to include removal of bank protection features and/or riprap.
(9) Protection/floodproofing of essential structures and facilities.
(10) Supervision, administrative, and contract administration costs
of other expenses allowed in this subparagraph.
(h) Time limitation. Corps participation in development and
implementation of an NSAP may cease, at the sole discretion of the
Corps, one yearafter the date of approval of rehabilitation of the
damaged flood control work or the date of receipt of the flood control
work public sponsor's requestfor an NSAP, whichever is earlier, if
insufficient progress is being made to develop and implement the NSAP
for reasons beyond the control of the Corps. Insuch circumstances, the
Corps may, at its sole discretion, determine that Rehabilitation
Assistance for the damaged flood control project may also bedenied.
(i) Participation and involvement of other Federal, State, tribal,
local, and private agencies. Nothing in this section shall be construed
tolimit the participation of other Federal, State, tribal, local, and
private agencies in the development, implementation, or future
operations andmaintenance of an NSAP under this section, subject to the
limitations of such participating agency's authorities and regulations.
(j) Future assistance. After transfer of NSAP operation and
maintenance responsibility to the NSAP sponsor or the lead Federal
agency, flood-related assistance pursuant to Public Law 84-
[[Page 18]]
99 will not be provided anywhere within the formerly protected area of
the flood control work,except for rescue operations provided in
accordance with Sec. 203.13(b). As an exception, on a case-by-case
basis, certain structural floodcontrol works (or elements thereof)
repaired or set back as part of the implementation of an NSAP having a
non-Federal sponsor may be considered for futureflood-related
assistance.
(k) Environmental considerations. NSAP's are subject to the same
environmental requirements, restrictions, and limitations as are
structuralrehabilitation projects.
(l) Requirements for Cooperation Agreement (CA)/Items of Local
Cooperation--(1) Requirement for Local Cooperation. In order toclearly
define the obligations of the Corps and of non-Federal interests, a CA
with the NSAP non-Federal sponsor is required. Requirements are
addressed inparagraphs (l)(2) through (10) of this section. When another
Federal agency is the lead Federal agency, a Memorandum of Agreement
(MOA) between the Corpsand that agency is required. Wording of MOA's
will be similar to, and consistent with, requirements detailed in
paragraphs (l)(2) through (10) of thissection for CA's, with appropriate
modifications based on the other Federal agencies' authorized
expenditures and programs.
(2) The CA requirements of subpart G of this part are not applicable
to NSAP's.
(3) Items of Local Cooperation. For NSAP's, non-Federal interests
shall:
(i) Provide without cost to the United States all borrow sites and
dredged or excavated material disposal areas necessary for the project;
(ii) Hold and save the United States free from damages due to the
project, except for damages due to the fault or negligence of the United
States orits contractor; and
(iii) Maintain and operate the project after completion in a manner
satisfactory to the Chief of Engineers.
(4) Cost sharing. The Corps may assume up to 100 percent of the
costs of implementing an NSAP, subject to the limitations set forth in
paragraph(c) of this section.
(5) Eligibility under other Federal programs. NSAP CA's shall not
prohibit non-Federal interests from accepting funding from other
Federalagencies, so long as the provision of such other Federal agency
funding is not prohibited by statute.
(6) Contributed funds. Contributed funds may be accepted without
further approval by the Chief of Engineers upon execution of the CA by
allparties. The required certificate of the district commander will cite
33 U.S.C. 701h as the pertinent authority.
(7) Obligation of contributed funds. In accordance with OMB Circular
A-34, all contributed funds must be received in cash and depositedwith
the Treasury before any obligations can be made against such funds.
(8) Prohibition of future assistance. The prohibition of future
assistance described in paragraph (j) of this section must be included
in theNSAP CA.
(9) Assurance of compliance with Executive Order 11988. NSAP CA's
shall include acknowledgment of, and a statement of planned adherence
to,Executive Order 11988, Floodplain Management, 3 CFR 117 (1977
Compilation), or as it may be revised in the future, by the NSAP
sponsor.
(10) The CA must include a statement of legal restrictions placed on
formerly protected lands that would preclude future use and/or
development of suchlands in a fashion incompatible with the purposes of
the NSAP.
(m) Acquisition of LERRD's. (1) For the acquisition of LERRD's,
reimbursement may be made to the non-Federal sponsor of an NSAP.
Suchreimbursements are subject to the normal Corps land acquisition
process, funding caps set forth in (c) of this section, and availability
of appropriations.
(2) For the acquisition of LERRD's, Corps funding may be combined
with the funding of other Federal agencies, absent specific statutory
language orprinciple prohibiting such combinations, under the terms of
the MOA with other Federal agencies.
Sec. 203.51 Levee owner's manual.
(a) Authority. In accordance with section 202(f) of Public Law 104-
303, the Corps will provide a levee owner's manual to the non-
Federalsponsor of all flood control works in an Active status in the
RIP.
[[Page 19]]
(b) Policies--(1) Active non-Federal projects. A levee owner's
manual developed and distributed by the Corps will be provided toall
sponsors of Active non-Federal projects. The levee owner's manual will
include the standards that must be met to maintain an Active status in
theRehabilitation and Inspection Program. Levee owner's manuals will
also be provided, upon request, to sponsors of Inactive non-Federal
projects so that thesponsors may evaluate their projects and prepare for
an IEI to gain an Active status in the RIP.
(2) Federal projects. The Operation and Maintenance Manual specified
by 33 CFR 208.10(a)(10) will fulfill the requirement of providing a
leveeowner's manual if the Corps has not provided a separate levee
owner's manual to the sponsor of a Federal project.
(c) Procedural requirements. Levee Owner's Manuals will be initially
provided to non-Federal sponsors of Active flood control works
duringscheduled CEI's and IEI's. Sponsors of Inactive projects and
private levee owners will be provided manuals upon written request to
the responsible Corpsdistrict.
Sec. 203.52 [Reserved]
Subpart E_Emergency Water Supplies: Contaminated Water Sources and
Drought Assistance
Sec. 203.61 Emergency water supplies due to contaminated water source.
(a) Authority. The Chief of Engineers is authorized to provide
emergency supplies of clean water to any locality confronted with a
source ofcontaminated water causing, or likely to cause, a substantial
threat to the public health and welfare of the inhabitants of the
locality.
(b) Policies. (1) Any locality faced with a threat to public health
and welfare from a contaminated source of drinking water is eligible
forassistance.
(2) Eligibility for assistance will be based on one or more of the
following factors:
(i) The maximum contaminant level or treatment technique for a
contaminant, as established by the Environmental Protection Agency
pursuant to theSafe Drinking Water Act (see 40 CFR 141), is exceeded.
(ii) The water supply has been identified as a source of illness by
a tribal, State, or Federal public health official. The specific
contaminant doesnot have to be identified.
(iii) An emergency (e.g., a flood or chemical spill) has occurred
that has resulted in either: one or more contaminants entering the
source on asufficient scale to endanger health; or, the emergency has
made inoperable the equipment necessary to remove known contaminants.
(iv) The presence of a contaminant is indicated on the basis of
other information available.
(3) Corps assistance will be directed toward the provision of the
minimum amount of water required to maintain the health and welfare
requirements ofthe affected population. The quantity of water and the
means of distribution will be at the discretion of the responsible Corps
official, who will considerthe needs of the individual situation, the
needs of the affected community, and the cost effectiveness of providing
water by various methods.
(4) If a locality has multiple sources of water, assistance will be
furnished only to the extent that the remaining sources, with
reasonableconservation measures, cannot provide adequate supplies of
drinking water.
(5) Loss of water supply is not a basis for assistance under this
authority.
(6) Water will not be furnished for commercial processes, except as
incidental to the use of existing distribution systems. This does not
prohibit thefurnishing of water for drinking by employees and on-site
customers. Water for preparing retail meals and similar personal needs
may be provided to theextent it would be furnished to individuals.
(7) The permanent restoration of a safe supply of drinking water is
the responsibility of local interests.
(8) Corps assistance is limited to 30 days, and requires the local
interests to provide assurances of cooperation in a CA. (See subpart G
of thispart.) Extension of this 30-day period requires agreement (as an
amendment to the previously signed CA) between the
[[Page 20]]
State and the Corps. This agreementmust cover specified services and
responsibilities of each party, and provision of a firm schedule for
local interests to provide normal supplies of water.
(9) State, tribal, and local governments must make full use of their
own resources, including National Guard capabilities.
(c) Governor's request. A letter signed by the Governor, or his or
her authorized representative, requesting Corps assistance and
addressing theState's commitments and capabilities in response to the
emergency situation, is required. All requests should identify the
following information:
(1) Describe the local and State efforts undertaken. Verify that all
reasonably available resources have been committed.
(2) Identify the specific needs of the State, and the required Corps
assistance.
(3) Identify additional commitments to be accomplished by the State.
(4) Identify the project sponsor(s).
(d) Non-Federal responsibilities. Non-Federal interests are
responsible for restoration of the routine supply of clean drinking
water, includingcorrecting any situations that cause contamination. If
assistance is furnished by the Corps, local interests must furnish the
basic requirements of localcooperation as detailed in the Cooperation
Agreement. In all cases, reasonable water conservation measures must be
implemented. Local interests will berequired to operate and maintain any
loaned equipment, and to remove and return such equipment to Federal
interests, in a fully maintained condition, afterthe situation is
resolved.
Sec. 203.62 Drought assistance.
(a) Authority. The Chief of Engineers, acting for the Secretary of
the Army, has the authority under certain statutory conditions to
constructwells for farmers, ranchers, political subdivisions, and to
transport water to political subdivisions, within areas determined to be
drought-distressed.
(b) General policy. (1) It is a non-Federal responsibility for
providing an adequate supply of water to local inhabitants. Corps
assistance toprovide emergency water supplies will only be considered
when non-Federal interests have exhausted reasonable means for securing
necessary water supplies,including assistance and support from other
Federal agencies.
(2) Before Corps assistance is considered under this authority, the
applicability of other Federal assistance authorities must be evaluated.
If theseprograms cannot provide the needed assistance, then maximum
coordination should be made with appropriate agencies in implementing
Corps assistance.
(c) Governor's request. A letter signed by the Governor, requesting
Corps assistance and addressing the State's commitments and capabilities
withresponse to the emergency situation, is required. All requests
should identify the following information:
(1) A description of local and State efforts undertaken. A
verification that all available resources have been committed, to
include National Guardassets.
(2) Identification of the specific needs of the State, and the
required Corps assistance.
(3) Identification of the additional commitments to be accomplished
by the State.
(4) Identification of the project sponsor(s).
(d) Definitions applicable to this section--(1) Construction. This
term includes initial construction, reconstruction, or repair.
(2) Drought-distressed area. An area that the Secretary of the Army
determines, due to drought conditions, has an inadequate water supply
that iscausing, or is likely to cause, a substantial threat to the
health and welfare of the inhabitants of the impacted area, including
the threat of damage orloss of property.
(3) Eligible applicant. Any rancher, farmer or political subdivision
within a designated drought-distressed area that is experiencing
aninadequate supply of water due to drought.
(4) Farmer or rancher. An individual who realizes at least one-third
of his or her gross annual income from agricultural sources, and
isrecognized in the community as a farmer or rancher. A farming
partnership, corporation, or similar entity engaged in farming or
[[Page 21]]
ranching, whichreceives its majority income from such activity, is also
considered to be a farmer or rancher, and thus an eligible applicant.
(5) Political subdivision. A city, town, borough, county, parish,
district, association, or other public body created by, or pursuant to,
Federalor State law, having jurisdiction over the water supply of such
public body.
(6) Reasonable cost. In connection with the Corps construction of a
well, means the lesser of:
(i) The cost of the Chief of Engineers to construct a well in
accordance with these regulations, exclusive of:
(A) The cost of transporting equipment used in the construction of
wells, and
(B) The cost of investigation and report preparation to determine
the suitability to construct a well, or,
(ii) The cost to a private business of constructing such a well.
(7) State. Any State, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, Northern Marianas Islands,
AmericanSamoa, and the Trust Territory of the Pacific Islands.
(e) Guidance--construction of wells. (1) Assistance to an eligible
applicant for the construction of a well may be provided on a cost-
reimbursable basis if:
(i) It is in response to a written request by a farmer, rancher, or
political subdivision for construction of a well under Public Law 84-99.
(ii) The applicant is located within an area that the Secretary of
the Army has determined to be drought-distressed.
(iii) The Secretary of the Army has made a determination that:
(A) The applicant, as a result of the drought, has an inadequate
supply of water.
(B) An adequate supply of water can be made available to the
applicant through the construction of a well.
(C) As a result of the drought, a private business could not
construct the well within a reasonable time.
(iv) The applicant has secured the necessary funding for well
construction from commercial or other sources, or has entered into a
contract to pay tothe United States the reasonable cost of such
construction with interest over a period of years, not to exceed 30, as
the Secretary of the Army deemsappropriate.
(v) The applicant has obtained all necessary Federal, State and
local permits.
(2) The financing of the cost of construction of a well by the Corps
under this authority should be secured by the project applicant.
(3) The project applicant will provide the necessary assurances of
local cooperation by signing a Cooperation Agreement (subpart G of this
part) priorto the start of Corps work under this authority.
(4) Equipment owned by the United States will be utilized to the
maximum extent possible in exercising the authority to drill wells, but
can only beused when commercial firms cannot provide comparable service
within the time needed to prevent the applicant from suffering
significantly increasedhardships from the effects of an inadequate water
supply.
(f) Guidance--transport of water. (1) Assistance to an applicant in
the transportation of water may be provided if:
(i) It is in response to a written request by a political
subdivision for transportation of water.
(ii) The applicant is located within an area that the Secretary of
the Army has determined to be drought-distressed.
(iii) The Secretary of the Army has made a determination that, as a
result of the drought, the applicant has an inadequate supply of water
for humanconsumption, and the applicant cannot obtain water.
(2) Transportation of water by vehicles, small diameter pipe line,
or other means will be at 100 percent Federal cost.
(3) Corps assistance in the transportation of emergency water
supplies will be provided only in connection with water needed for human
consumption.Assistance will not be provided in connection with water
needed for irrigation, recreation, or other non-life supporting
purposes, or livestockconsumption.
(4) Corps assistance will not include the purchase of water, nor the
cost of loading or discharging the water into or from any Government
conveyance,
[[Page 22]]
to include Government-leased conveyance.
(5) Equipment owned by the United States will be utilized to the
maximum extent possible in exercising the authority to transport water,
consistentwith lowest total Federal cost.
(g) Request for assistance. A written request must be made to the
district commander with Civil Works responsibility for the affected
area. Uponreceipt of a written request, the appropriate State and
Federal agencies will be notified, and coordination will continue as
appropriate throughout theassistance.
[68 FR 36468, June 18, 2003]
Subpart F_Advance Measures
Sec. 203.71 Policy.
Advance Measures consists of those activities performed prior to a
flood event, or potential flood event, to protect against loss of life
and/orsignificant damages to improved property from flooding. Emergency
work under this authority will be considered when requested by the
Governor of a Stateconfronted with an imminent threat of unusual
flooding. Corps assistance will be to complement the maximum efforts of
tribal, State, and local authorities.Projects will be designed for the
specific threat, normally of expedient-type construction, and typically
temporary in nature.
Sec. 203.72 Eligibility criteria and procedures.
(a) Threat of flooding. An imminent threat of unusual flooding must
exist before Advance Measures projects can be approved. Thethreat may be
established by National Weather Service predictions, or by Corps of
Engineers determinations of unusual flooding from adverse or
unusualconditions. The threat must be clearly defined to the extent that
it is readily apparent that damages will be incurred if preventive
action is not takenimmediately.
(b) Governor's request. A letter signed by the Governor, requesting
Corps assistance and addressing the State's commitments and capabilities
withresponse to the emergency situation, is required. All requests
should identify the following information:
(1) Describe the non-Federal efforts undertaken. Verify that all
available resources have been committed.
(2) Identify the specific needs, and the required Corps assistance.
(3) Identify additional commitments to be accomplished by the non-
Federal interests.
(4) Identify the non-Federal sponsor(s).
(c) Feasibility. The proposed work should be temporary in nature,
technically feasible, designed to deal effectively and efficiently with
thespecific threat, and capable of construction in time to prevent
anticipated damages.
(d) Economic justification. All work undertaken under this category
must have a favorable benefit-to-cost ratio, under Corps of
Engineerseconomic guidelines.
(e) Local cooperation/responsibilities. Subpart G of this part
provides requirements for a Cooperation Agreement needed to provide
localassurances. The project sponsor must remove temporary works
constructed by the Corps when the operation is over, at no cost to the
Corps.
(f) Contingency planning efforts for potential Advance Measures
activities. Occasionally weather phenomena occur which produce a much
higher thannormal probability or threat of flooding which may be
predicted several months in advance of occurrence or significant impact.
Impacts on specificlocations may be unpredictable, but regional impacts
may have a high likelihood of occurrence. In such situations, the Corps
may provide technical andcontingency planning assistance to tribal,
State, and local agencies, commensurate with the predicted weather
phenomenon, based on requests for assistancefrom such tribal, State, and
local agencies. Specific Advance Measures projects must be addressed as
specified in paragraph (b) of this section.
(g) Definitions--(1) Imminent threat. A subjective statistical
evaluation of how quickly a threat scenario can develop, and howlikely
that threat is to develop in a given geographical location. Implicit in
the timing aspect can be considerations of available time (when the
nextflood or storm event is likely
[[Page 23]]
to occur), season (e.g., a snowpack that will melt in the coming spring
runoff), or of known cyclical activities.
(2) Unusual flooding. A subjective determination that considers
potential ability to approach an area's flood of record, a catastrophic
level offlooding, or a greater than 50-year level of flooding.
Subpart G_Local Interests/Cooperation Agreements
Sec. 203.81 General.
(a) Requirements for Cooperation Agreements. In order to maintain a
firm understanding between the Corps and non-Federal interests
concerning theresponsibilities of each party in responding to or
recovering from a natural disaster, division or district commanders
shall negotiate a cooperationagreement (CA) with a non-Federal sponsor
whenever assistance (other than short term technical assistance) is
furnished. CA's do not require approval byHQUSACE unless they contain
special or unusual conditions. For assistance to other than a public
entity, a public agency is required to be the non-Federalsponsor, co-
sign the agreement, and be responsible, from the Corps perspective, for
accomplishment of all work and conditions required in the CA.
Projectsponsors must meet the definition contained in Sec. 203.15.
(b) Request for assistance. (1) For urgent situations involving
Flood Response activities, division/district commanders may respond to
oralrequests from responsible representatives of local interests.
However, all oral requests must be confirmed in writing. Assistance can
be furnished beforethe written statement is received.
(2) Before furnishing assistance (other than short term technical
assistance) under Advance Measures, or under Emergency Water Supplies,
thedistrict/division commander must receive a request, signed by the
Governor (or the Governor's representative for Emergency Water
assistance due to acontaminated source), identifying the problem,
verifying that all available State and local resources have been
committed, and requesting Federalassistance.
Sec. 203.82 Requirements of local cooperation.
It is Corps policy that provision of assistance under Public Law 84-
99 will, insofar as feasible, require local interests to: provide
withoutcost to the United States all LERRD's necessary for the
authorized work; hold and save the United States free from damages due
to the authorized work,exclusive of damages due to the fault or
negligence of the United States or its contractor; maintain and operate,
in a manner satisfactory to the Chief ofEngineers, all the works after
completion. When assistance includes the construction of temporary
protective works, the maintain and operate clause ismodified by adding
(or substituting, as applicable) the requirement for local interests to
remove any temporary works constructed by the Corps under PublicLaw 84-
99. If any permanent works are constructed, then the sponsor is required
to operate and maintain the project in accordance with
requirementsdetermined by the Corps.
(a) Furnishing of LERRD's. This item provides for sites of
structures, for borrow and disposal areas, and for access. It also
provides for allother rights in, upon, through, or over private property
as needed by the United States in connection with the authorized work.
Performance by the localinterests under their assurance to furnish
LERRD's will normally not be considered a contribution. If more
advantageous to the Federal Government, borrowand disposal areas may be
assumed as a Federal responsibility. Easements must be provided for
future Federal inspection of maintenance or removal. If apublic agency
sponsors a project for a non-public applicant, the applicant must
provide an easement to the sponsor for future maintenance or removal,
aswell as for Federal inspection. Easements should extend to the life of
the project.
(b) Hold and save clause. This clause serves as legal protection of
the government. Where property concerned is under tenancy, both the
propertyowner and the tenant should acknowledge the non-Federal
sponsor's signed CA.
[[Page 24]]
(c) Maintain and operate clause. This item is intended to protect
the investment of government resources and provide proper stewardship
ofresources entrusted to the Corps. This clause must include: ``It is
understood that the foregoing maintenance and operation requirement
extends tointerrelated features of all protective work under the control
of (insert name of sponsor, and owner if appropriate).''
(d) Removal of temporary works. Local interests are responsible for
the removal of all temporary works constructed by the Corps, which
areunsuitable for upgrade to permanent structures. Structures may be
deemed unsuitable due to inherent health, access, or safety problems
that could resultfrom their location. The wording of this clause must
not preclude the use of other Federal assistance programs to fund
removal.
(e) Request for retention of temporary flood control works. Local
interests may ask to retain a temporary structure for protection from
futurefloods. This will not be approved by the Corps unless the works
are upgraded to meet all Corps criteria for permanent projects. Public
Law 84-99funds will not be used to upgrade the structure. An upgraded
project must comply with permitting, environmental, and other regulatory
and legalrequirements. Unless upgraded, such projects are not eligible
for rehabilitation, and must be removed in accordance with paragraph (d)
of this section.Unless upgraded, temporary projects which are not
removed by the local sponsor will cause all projects with the same
sponsor to lose eligibility for PublicLaw 84-99 assistance. Local
interests must initiate action to upgrade or remove the temporary works
within 30 days after the flood threat haspassed.
(f) Cost sharing. (1) The Federal Government may assume up to 80
percent of the eligible construction costs for rehabilitation of non-
Federalflood control projects, and up to 100 percent of the eligible
construction costs for rehabilitation of Federal flood control projects.
The FederalGovernment may assume up to 100 percent of the eligible
construction costs for rehabilitation of HSPP's. Sponsors will provide
their share of costs asprovided for in Sec. 203.84. The sponsor's share
is in addition to providing costs for LERRD's, and any costs for
correction of anydeferred/deficient maintenance. The Corps will
determine the dollar value of any in-kind services provided by the local
sponsor.
(2) For those unusual occasions where permanent construction (vice
the temporary standard) for Advance Measures projects is employed, the
local sponsorwill normally be required to provide 25 percent of the
project cost, in addition to LERRD's.
Sec. 203.83 Additional requirements.
(a) Maintenance deficiencies. Rehabilitation, Emergency Water, Post
Flood Response, and Advance Measures authorities may not be used to
correctdeferred or deficient maintenance. Such correction must be
accomplished by, or at the expense of, local interests. This may include
restoring normal leveeor dune height after subsidence, replacement of
deteriorated components such as outlet structures and pipes, removal of
debris, and new construction itemssuch as protection against erosion.
This restriction on use of these authorities does not preclude
furnishing flood fight assistance during an emergency.
(b) Areas of minor damage, flood control works. Separable areas with
minor damage will 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
seedingcompleted work.
(d) Adequacy of requirements of local cooperation. In determining
the adequacy of the pledge of local cooperation, district/division
commandersmust consider the local sponsor's performance capability,
taking into account any shortcomings in meeting prior commitments. Local
sponsors should makeprovisions to establish and provide resources for a
``Contingency Fund'' to meet future maintenance requirements if apparent
inadequacies ofprotective works indicate maintenance costs will be
unusually high. Local sponsors should make provisions to establish and
provide resources for a``Capital Improvement Fund'' to meet future costs
of capital
[[Page 25]]
improvement projects such as replacement of culverts in levees, pump
stationequipment, etc.
(e) Eligibility under other Federal programs. The Cooperation
Agreement must be worded to allow local interests to accept funding from
otherFederal programs for meeting the local responsibility. For example,
removal of temporary works will be without cost under Corps Public Law
84-99assistance, but will not be ``at no cost to the United States.''
Use of another Federal agency's funds is contingent upon that agency
providingthe Corps written assurance that such usage does not violate
any existing laws or rules concerning the usage or expenditure of such
funds.
Sec. 203.84 Forms of local participation--cost sharing.
In addition to the standard requirements of local cooperation and
according to the circumstances, local participation in project work may
be in theform of: contributed funds; the furnishing of materials,
equipment, or services; and/or accomplishment of work either
concurrently or within a specifiedreasonable period of time. The final
terms agreed upon will be set forth in writing and made a part of the CA
before commencement of work.
(a) Contributed funds. Contributed funds may be accepted, or
refunded, without further reference or approval by the Chief of
Engineers. Therequired certificate of the district commander will cite
33 U.S.C. 701h as the pertinent authority.
(b) Obligation of contributed funds. Per OMB Circular A-34, all
contributed funds must be received in cash and deposited with the
Treasurybefore any obligations can be made against such funds. Public
Law 84-99 assistance for well construction is exempted from this
requirement becausefinancing is specifically authorized. However, the CA
for such well construction assistance (see subpart G of this part) must
be signed in advance ofany obligations. To reduce administrative
problems, CA terms for well construction should be for no longer a
period than that which will allow for paymentswithin the means of the
applicant. Public Law 84-99 limits the term to a maximum of 30 years.
(c) Provision of work or services in kind. To the extent
practicable, local interests should be allowed to minimize the amount of
contributedfunds by providing equivalent work or services in kind. Such
services do not include LERRD's.
Sec. 203.85 Rehabilitation of Federal flood control projects.
Some sponsors of Federal flood control projects are not required to
furnish written assurances of local cooperation, when such assurances
already existfrom the PCA of the original construction of the project.
In lieu of a new PCA, the Corps will notify the sponsor, in writing, of
the sponsor's standingrequirements. These requirements include such
items as LERRD's, costs attributable to deficient or deferred
maintenance, removal of temporary works, cost-sharing requirements, and
any other requirements contained in Sec. 203.82. The project sponsor
must acknowledge its responsibilities prior to theprovision of
Rehabilitation Assistance. If the existing PCA does not adequately
address responsibilities, then a CA will be required.
Sec. 203.86 Transfer of completed work to local interests.
Responsibility for operation and maintenance of a project for which
emergency work under Public Law 84-99 is undertaken will always remain
withthe non-Federal sponsor throughout the process, and thereafter. The
Corps will notify the non-Federal sponsor by letter when repair/
rehabilitation/workefforts are completed. Detailed instructions, and
suggestions relative to proper maintenance and operation, may be
furnished as an enclosure to thisletter. The letter will remind the
local interests that they are responsible for satisfactory maintenance
of the flood control works in accordance with theterms of the PCA or CA.
In appropriate cases for Federal projects, refer to the ``Flood Control
Regulation for Maintenance and Operation of FloodControl Works: (33 CFR
208)'' or the project's Operation and Maintenance Manual. Reporting
requirements placed on the non-Federal
[[Page 26]]
sponsor willvary according to organization and other circumstances.
PART 207_NAVIGATION REGULATIONS--Table of Contents
Sec.
207.9 Mystic River, Mass.; dam of Commonwealth of Massachusetts,
Metropolitan District Commission.
207.10 Charles River, Mass.; dam of Charles River Basin Commission.
207.20 Cape Cod Canal, Mass.; use, administration, and navigation.
207.50 Hudson River Lock at Troy, N.Y.; navigation.
207.60 Federal Dam, Hudson River, Troy, N.Y.; pool level.
207.100 Inland waterway from Delaware 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 ofSt. 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 (S-193) 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 theAtchafalaya 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.
207.330 Mississippi River between Winnibigoshish and Pokegama dams,
Leech River between outlet of Leech Lake and Mississippi
River, and Pokegamareservoir; logging.
207.340 Reservoirs at headwaters of the Mississippi River; use and
administration.
207.350 St. Croix River, Wis. and Minn.
207.360 Rainy River, Minn.; logging regulations for portions of river
within jurisdiction of the United States.
207.370 Big Fork River, Minn.; logging.
207.380 Red Lake River, Minn.; logging regulations for portion of river
above Thief River Falls.
207.390 [Reserved]
207.420 Chicago River, Ill.; Sanitary District controlling works, and
the use, administration, and navigation of the lock at the
mouth of river,Chicago Harbor.
207.425 Calumet River, Ill.; Thomas J. O'Brien Lock and Controlling
Works and the use, administration and navigation of the lock.
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.
[[Page 27]]
207.565 Vermilion Harbor, Ohio; use, administration, and navigation.
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).
Sec. 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 hispersonnel 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 locksor dam shall be subject to the direction of
the superintendent whose orders must be obeyed. This order does not
relieve the master of the responsibilityfor the safety of his vessel.
(b) Description of locks. There are three (3) locks to be used for
the passage of vessels; one large lock 325 feet long, 45 feet wide,
shall beused 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) feetdraft.
(c) Maximum draft. Vessels drawing within six (6) inches of depth
over the sills shall not be permitted lockage except under special
permissionof the superintendent. Every vessel using the locks and
drawing more than ten (10) feet shall be accurately and distinctly
marked at bow and stern showingthe exact draft of water at such portions
of the vessel. Gages set into the walls or the locks, both upstream and
downstream of each gate, indicate thedepth in feet of water over the
sill of the gate.
(d) Vessels denied lockage. The superintendent may deny passage
through the locks to any craft with sharp, rough projecting corners,
overhangingequipment or cargo, or any craft or two that is in sinking
condition or in any way unseaworthy or insufficiently manned and
equipped, or any craft failingto comply with the regulations in this
section or with any orders given in pursuance thereof.
(e) Protection of lock gates. (1) In no case shall boats be
permitted to enter or leave any of the locks until directed to do so by
thesuperintendent. Boats shall not be permitted to enter or start to
leave until the lock gates are at rest within the gate recesses. All
persons, whether incharge of vessels or not, are prohibited from
willfully or carelessly damaging the locks or any of the appurtenances
or the grounds adjacent thereto, andfrom 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 hascleared 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 fora 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 craftis, in the opinion of such
superintendent, in a position to obstruct navigation, it shall be
removed at once as requested or directed by thesuperintendent.
[[Page 28]]
(h) Procedure at locks. The locks shall be operated promptly for the
passage of all craft upon signal, excepting only in such cases as
arespecifically provided for in the regulations in this section. All
registered merchant vessels shall pass through the locks in the order
directed by thesuperintendent. Other craft shall be allowed to pass
through the locks at the discretion of the superintendent.
(i) Navigation of the locks. (1) All barges navigating the locks
whether approaching or leaving the locks are required to be assisted by
one ormore tugs of sufficient power to insure full control at all times.
All craft approaching the locks while any other vessel going in the
opposite directionis in or about to enter shall be stopped where they
will not obstruct the free passage of such other vessel.
(2) All vessels over 100 gross tons including those which are
accompanied by towboats must attach not less than two good and
sufficient lines, cables,or hawsers to the bollards or other fixtures
provided for the purpose to check the speed of the vessel and to stop it
as soon as it has gone far enough topermit the lock gate behind it to be
closed. Each line, cable, or hawser shall be attended on board while
passing into the lock by one or more of thevessel's crew. Where vessels
are so long that in order to get them wholly within the locks it is
necessary to go within 100 feet of the lock gate ahead,the speed of the
vessel must be slow and the vessel must be fully under control at all
times by the lines, cables or hawsers. All towboats and vessels lessthan
100 gross tons may enter the locks without having lines out subject to
the discretion of the superintendent. The master or person in charge of
avessel shall arrange to have any line, cable, or hawser handed or
thrown from the lock walls by the superintendent, or his assistants,
made fast on thevessel as requested or directed, so that in cases of
emergency such line, cable, or hawser may also be used to check the
speed of and stop the vessel.
(3) Operators of vessels less than 200 gross tons may use the
floating moorings in the large lock to fasten lines or hawsers, but they
shall not beused to check the way on any vessel greater than 30 gross
tons.
(4) Vessels less than 30 gross tons may fasten lines to the floating
moorings in the large or small locks. All persons shall keep off the
floatingmoorings at all times.
(5) No line shall be attached to anything on or a part of the dam
except the fixtures provided for this purpose.
(6) Equipment of each craft shall include a sufficient bow line and
stern line.
(j) Mooring. When a craft is in position in the lock, it shall be
securely fastened in a manner satisfactory to the superintendent to
prevent thecraft moving about while the lock is being filled or emptied,
and the lines, cables, or hawsers used for this purpose shall be
attended as far as isnecessary or required while the filling or empting
is in progress.
(k) [Reserved]
(l) Signals. (1) All craft desiring lockage shall, on approaching
the locks, signal by two long and two short blasts of a whistle or other
sounddevice. Two long blasts from the lock in reply will indicate a
delayed opening and direct the craft not to enter the lock.
(2) Lights are located at each end of each lock and will normally
show red. No vessel shall come within 100 feet of the outside of any
gate when thesignal is red except when so directed by the
superintendent.
(3) Fireboats and craft owned by the U.S. Government shall be given
prompt and preferential lockage when they sound four long blasts.
(4) No vessel shall move into or out of any lock until the
controlling signal is green. A green light in addition to audio loud
speakers, operated bythe superintendent or his assistants, will direct
craft through the locks.
(5) It shall be the duty of every master or person in charge of any
vessel to ascertain by personal observation that the lock gate is fully
open beforeproceeding.
(m) Operating machinery. Lock employees only shall be permitted to
operate the lock gates, signals or other appliances. No person shall
deface orinjure any part of the Amelia Earhart Dam, or any pier, wall or
other structure or any mechanism connected
[[Page 29]]
therewith; nor shall any person, without theconsent of the
superintendent, make fast to the dam, guard, guide wall, pier, or any
appurtenance thereof any vessel, scow, raft, or float.
(n) Vessel to carry regulations. A copy of the regulations in this
section shall be kept at all times on board each vessel regularly
engaged innavigating the locks. Copies may be obtained without charge
from the superintendent; the Commonwealth of Massachusetts, M.D.C. Parks
Division, Boston,Mass.; New England Division, Corps of Engineers,
Division Engineer, Waltham, Mass.
[32 FR 8716, June 17, 1967, as amended at 56 FR 13764, Apr. 4, 1991]
Sec. 207.10 Charles River, Mass.; dam of Charles River Basin Commission.
(a) The movements of all vessels or boats in and near the lock shall
be under the direction of the superintendent in charge of these
structures and hisassistants, whose orders and signals shall be obeyed.
(b) Every vessel using the lock and drawing more than 10 feet shall
be accurately and distinctly marked at the bow and stern, showing the
exact draftof water at such portions of the vessel.
(c) All steam vessels desiring to pass through the lock shall signal
for the same by two long and two short blasts of the whistle.
(d)(1) All vessels passing through the lock shall have their
outboard spars, if any, rigged in, and booms amidships, and secured. All
standing andrunning rigging must be triced in to keep it from blowing
out and fouling the drawbridge. Every vessel of 200 tons and under shall
be provided with atleast two, and every vessel of more than 200 tons
shall be provided with at least four good and sufficient lines, cables,
or hawsers. Anchors shall eitherbe stowed or shall hang from hawse
pipes, hauled up close, clear of the water if possible. Vessels with
anchors under foot or hanging from catheads willnot be permitted to
enter the lock.
(2) All vessels must be sufficiently manned and must have a
sufficient number of round and fore-and-aft fenders to protect the lock
from injury. Allheavy rope fenders must be securely lashed to prevent
their falling into the lock and interfering with the gates.
(e) All vessels approaching the lock while any other vessel going in
the opposite direction is in or about to enter it shall be stopped where
they willnot obstruct the free passage of such other vessel.
(f) It shall be the duty of every master or person in charge of any
vessel upon approaching the lock from the upstream end to ascertain by
personalobservation whether or not the upper lock gate is open, and a
vessel shall not be permitted to come within 100 feet of the upper lock
gate until the gatehas been wholly withdrawn into its recess.
(g) All towboats, whether towing or not, and other steam vessels of
less than 100 tons gross may enter the lock under their own power and
withouthaving lines out, but all other vessels, including those which
are accompanied by towboats, must attach not less than two good and
sufficient lines,cables, or hawsers to the bollards or other fixtures
provided for the purpose to check the speed of the vessel and to stop it
as soon as it has gone farenough to permit the lock gate behind it to be
closed, and each line, cable, or hawser shall be attended on board while
passing into the lock by one ormore of the vessel's crew. Where vessels
are so long that in order to get them wholly within the lock it is
necessary to approach within 150 feet of thelock gate ahead, the speed
of the vessel must be slow and fully under control by the lines, cables,
or hawsers. Steam vessels of more than 100 tons gross,not including
towboats, will not be permitted to turn their propellers on entering the
lock after the bow of the vessel has entered, but will be drawn inby
means of capstans on the lock walls or otherwise, and their speed must
be checked and the vessel stopped by lines, cables, or hawsers as in
other cases.All steam vessels may leave the lock under their own power.
The master or person in charge of a vessel shall arrange to have any
line, cable, or hawserhanded or thrown from the lock walls by the
superintendent or his assistants, made fast on the vessel as requested
or directed, so that in cases ofemergency such line, cable, or hawser
may also be
[[Page 30]]
used to check the speed of and stop the vessel.
(h) When a vessel is in position in the lock it shall be securely
fastened in a manner satisfactory to the superintendent, or his
assistant in chargeof the lock at the time, to prevent the vessel from
moving about while the lock is being filled or emptied, and the lines,
cables, and hawsers used forthis purpose shall be attended as far as is
necessary or required while the filling or emptying is in progress.
(i) No vessel which has iron or irons projecting from it or lumber
or other cargo projecting over its sides shall enter the lock, except at
such timeand with such precautions to prevent damage to the lock or its
appurtenances as the superintendent, or the assistant in charge of the
lock at the time, mayrequire.
(j) All persons, whether in charge of vessels or not, are prohibited
from willfully or carelessly damaging the lock, any of its appurtenances
or thegrounds adjacent thereto, and from throwing any material of any
kind into the lock. No line shall be attached to anything except the
bollards and otherfixtures provided for the purpose.
(k) Upon each passage through the lock, the master or clerk of a
vessel shall make a statement of the kind and tonnage of the freight
carried.
(l) No person shall cause or permit any vessel or boat of which he
is in charge to remain in the lock or its approaches for a longer time
than isnecessary for the passage of the lock, unless he is especially
permitted to do so by the superintendent or the assistant in charge of
the lock at the time,and if such vessel or boat is, in the opinion of
such superintendent or assistant, in a position to obstruct navigation
it shall be removed at once asrequested or directed by such
superintendent or assistant.
(m) All registered merchant vessels shall pass through the lock in
the order directed by the superintendent or the assistant in charge of
the lock atthe time. Unregistered craft will not be allowed to pass
through the lock separately unless especially permitted by such
superintendent or assistant.
(n) The lock shall be operated promptly for the passage of all
vessels upon signal excepting only in such cases as are specifically
provided for inthis section.
[Regs., May 6, 1909]
Sec. 207.20 Cape Cod Canal, Mass.; use, administration, and navigation.
(a) Limit of Canal. The canal, including approaches, extends from
the Canal Station Minus 100 in Cape Cod Bay, approximately one and six-
tenths(1.6) statute miles seaward of the Canal Breakwater Light, through
dredged channels and land cuts to Cleveland Ledge Light in Buzzards Bay
approximatelyfour (4) statute miles southwest of Wings Neck.
(b) Supervision. (1) The movement of ships, boats and craft of every
description through the canal and the operation and maintenance of
thewaterway and all property of the United States pertaining thereto
shall be under the supervision of the Division Engineer, U.S. Army
Engineer Division, NewEngland, Corps of Engineers, Waltham,
Massachusetts, or the authorized representative of the division
engineer, the Engineer-In-Charge of the Cape CodCanal. The division
engineer or the Engineer-In-Charge from time to time will prescribe
rules governing the dimensions of vessels which may transit thewaterway,
and other special conditions and requirements which will govern the
movement of vessels using the waterway.
(2) The Engineer-In-Charge, through the marine traffic controller on
duty, will enforce these regulations and monitor traffic through the
canal. Themarine traffic controller on duty is the individual
responsible for interpretation of these regulations with respect to
vessels transiting the canal.Vessels transiting the canal must obey the
orders of the marine traffic controller.
(3) The government has tugs stationed at the West Boat Basin for
emergency use on an on-call basis. A patrol vessel is manned and
operational 24-hoursa day.
(c) Communications. There is a marine traffic controller on duty 24
hours a day, seven days a week, in the traffic control center located at
theCanal Administrative Office. The primary method of communications
between the canal and vessels transiting will be by
[[Page 31]]
VHF-FM Marine radio. The trafficcontroller can also be contacted by
telephone.
(1) For radio communications, call the traffic controller on channel
16 to establish contact. The transmissions will then be switched to
channel 12 or14 as the working channel to pass information. Channel 13
is also available at the canal office; however, the use of channel 13
should be limited toemergency situations or whenever vessels do not have
one of the other channels. All four channels are monitored continuously
by the traffic controller.Radio discipline will be adhered to in
accordance with FCC rules and regulations.
(2) For telephone communications with the traffic controller, call
(617) 759-4431.
(3) Vessels shall maintain a radio guard on Marine VHF-FM channel 13
during the entire passage through the canal.
(4) All radio communications in the vicinity of the canal are tape
recorded for future reference.
(d) Vessels allowed passage. The canal is open for passage to all
adequately powered vessels properly equipped and seaworthy, of sizes
consistentwith safe navigation as governed by the controlling depths and
widths of the channel and the vertical and horizontal clearances of the
bridges over thewaterway. The granting of permission for any vessel to
proceed through the waterway shall not relieve the owners, agents and
operators of fullresponsibility for its safe passage. No vessel having a
greater draft forward than aft will be allowed to transit the canal.
Craft of low power and winddriven are required to have and use auxiliary
power during passage throughout the canal as defined in paragraph (a) of
this section. Low powered vesselswill be required to await slack water
or favorable current for canal transit.
(e) Tows. (1) Tows shall be made-up outside the canal entrances. All
vessels engaged in towing other vessels not equipped with a rudder shall
usetwo lines or a bridle and one tow line. If the vessel in tow is
equipped with a rudder or a ship shaped bow, one tow line may be used.
All tow lines ofhawsers must be hauled as short as practicable for safe
handling of the tows. No towboat will be allowed to enter the waterway
with more than two barges intow unless prior approval is granted by the
Engineer-In-Charge; requests must be submitted 12 hours in advance of
the passage.
(2) The maximum length of pontoon rafts using the canal will be
limited to 600 feet, and the maximum width to 100 feet. Pontoon rafts
exceeding 200feet in length will be required to have an additional tug
on the stern to insure that the tow is kept in line. The tugs used must
have sufficient power tohandle the raft safely.
(3) Dead ships are required to transit the canal during daylight
hours and must be provided with the number of tugs sufficient to afford
safe passagethrough the canal. (A dead ship will not be allowed to enter
the canal unless prior approval is granted by the Engineer-In-Charge;
requests must besubmitted 12 hours in advance of the passage).
(f) Dangerous cargoes. The master or pilot of any vessel or tow
carrying dangerous cargoes must notify the Marine Traffic Controller
prior toentering the canal. Dangerous cargoes are defined as those items
listed in 33 CFR 126.10 when carried in bulk (i.e., quantities exceeding
110 U.S.gallons in one tank) plus Class A explosives (commercial or
military) as listed in 49 CFR 173.53 (commercial) and 46 CFR 146.29-100
(military),liquified natural gas and liquified petroleum gas.
Transportation of dangerous cargoes through the canal shall be in strict
accordance with existingregulations prescribed by law. In addition,
vessels carrying dangerous cargoes shall comply with the following
requirements.
(1) They must have sufficient horsepower to overcome tidal currents
or they will be required to wait for favorable current conditions.
(2) Transits will be during daylight hours.
(3) No transit will be permitted when visibility conditions are
unstable or less than 2 miles at the approaches and throughout the
entire length of thecanal.
(4) Transits must await a clear canal for passage.
[[Page 32]]
(g) Obtaining clearance. (1) Vessels under 65 feet in length may
enter the canal without obtaining clearance. All craft are required to
makea complete passage through the canal except excursion craft which
may operate and change direction within the canal in accordance with
procedurescoordinated with the marine traffic controller on duty. When
the railroad bridge span is in the closed (down) position, all vessels
are directed not toproceed beyond the points designated by stop signs
posted east and west of the railroad bridge. Vessels proceeding with a
fair tide (with the current)should turn and stem the current at the
designated stop points until the railroad bridge is in the raised (open)
position.
(2) Vessels 65 feet in length and over shall not enter the canal
until clearance has been obtained from the marine traffic controller by
radio. Seeparagraph (c) ``Communications'' for procedures. If a vessel,
granted prior clearance, is delayed or stops at the mooring basins,
state pier,or the Sandwich bulkhead, a second clearance must be obtained
prior to continuing passage through the canal.
(3) Vessels will be given clearance in the order of arrival, except
when conditions warrant one-way traffic, or for any reason an order of
priority isnecessary, clearance will be granted in the following order.
(i) First--To vessels owned or operated by the United States,
including contractors' equipment employed on canal maintenance or
improvement work.
(ii) Second--To passenger vessels.
(iii) Third--To tankers and barges docking and undocking at the
Canal Electric Terminal.
(iv) Fourth--To merchant vessels, towboats, commercial fishing
vessels, pleasure boats and miscellaneous craft.
(4) Procedures in adverse weather: Vessels carrying flammable or
combustible cargoes as defined in 46 CFR 30.25 will be restricted from
passage throughthe canal when visibility is less than \1/2\ mile. Other
vessels may transit the canal in thick weather by use of radar with the
understanding that theU.S. Government will assume no responsibility: And
provided, That clearance has been obtained from the marine traffic
controller.
(h) Traffic lights. There are three sets of traffic lights showing
red, green, and yellow that are operated on a continuous basis at the
canal.The traffic lights apply to all vessels 65 feet in length and
over. The traffic lights are a secondary system that is operated in
support of the radiocommunications system. The traffic lights are
located at the easterly canal entrance, Sandwich, and at the westerly
entrance to Hog Island Channel at WingsNeck. A third traffic light is
located at the Canal Electric Terminal basin on the south side of the
canal in Sandwich, and applies only to vesselsarriving and departing
that terminal.
(1) Westbound traffic. When the green light is on at the eastern
(Cape Cod Bay) entrance, vessels may proceed westward through the canal.
Whenthe red light is on, any type of vessel 65 feet in length and over
must stop clear of the Cape Cod Bay entrance channel. When the yellow
light is on,vessels 65 feet in length and over and drawing less than 25
feet may proceed as far as the East Mooring Basin where they must stop.
Prior to continuingpassage through the canal, clearance must be obtained
from the marine traffic controller.
(2) Eastbound traffic. When the green light is on at Wings Neck,
vessels may proceed eastward through the canal. When the red light is
on,vessels 65 feet and over in length and drawing less than 25 feet must
keep southerly of Hog Island Channel Entrance Buoys Nos. 1 and 2 and
utilize thegeneral anchorage areas adjacent to the improved channel.
Vessel traffic drawing 25 feet and over are directed not to enter the
canal channel at theCleveland Ledge Light entrance and shall lay to or
anchor in the vicinity of Buzzards Bay Buoy No. 11 (FLW & Bell) until
clearance is granted by thecanal marine traffic controller or a green
traffic light at Wings Neck is displayed. When the yellow light is on,
vessels may proceed through Hog IslandChannel as far as the West Mooring
Basin where they must stop. Prior to continuing passage through the
canal, clearance must be obtained from the marinetraffic controller.
[[Page 33]]
(i) Railroad Bridge Signals. The following signals at the Buzzards
Bay Railroad Bridge will be given strict attention.
(1) The vertical lift span on the railroad bridge is normally kept
in the raised (open) position except when it is lowered for the passage
of trains,or for maintenance purposes. Immediately preceding the
lowering of the span, the operator will sound two long blasts of an air
horn. Immediately precedingthe raising of the span, the operator will
sound one long blast of an air horn. When a vessel or craft of any type
is approaching the bridge with the spanin the down (closed) position and
the span cannot be raised immediately, the operator of the bridge will
so indicate by sounding danger signals of fourshort blasts in quick
succession.
(2) When the lift span is in the down (closed) position in foggy
weather or when visibility is obscured by vapor, there will be four
short blastssounded from the bridge every two minutes.
(j) Speed. All vessels are directed to pass mooring and boat basin
facilities, the state pier, and all floating plant engaged in
maintenanceoperations of the waterway at a minimum speed consistent with
safe navigation. In order to coordinate scheduled rail traffic with the
passage of vessels,to minimize erosion of the canal banks and dikes from
excessive wave wash and suction, and for the safety of vessels using the
canal, the following speedregulations must be observed by vessels of all
types, including pleasure craft. The minimum running time for the land
cut between the East Mooring Basin(Station 35) and the Administration
Office in Buzzards Bay (Station 388) is prescribed as follows:
Head Tide--60 Minutes
Fair Tide--30 Minutes
Slack Tide--45 Minutes
The minimun running time between the Administration Office (Station 388)
and Hog Island Channel westerly entrance Buoy No. 1 (Station 661)
isprescribed as follows:
Head Tide--46 Minutes
Fair Tide--23 Minutes
Slack Tide--35 Minutes
The running time at slack water will apply to any vessel which enters
that portion of the canal between stations 35 and 661, within the period
ofone-half hour before or after the predicted time of slack water as
given in the National Ocean Survey publication ``Current Tables,
Atlantic Coast,North America.'' The minimum running time during a head
tide or a fair tide shall apply to any vessel which enters that portion
of the canal betweenStation 35 and 661 at any time other than designated
above for time requirements at slack tide. Vessels of any kind unable to
make a through transit of theland cut portion of the canal against a
head current of 6.0 knots within a maximum time limit of 2 hours 30
minutes shall be required to obtain theassistance of a helper tug at the
vessel owner's expense or await favorable tide conditions prior to
receiving clearance from the marine trafficcontroller. In the event
vessels within the confines of the canal fail to perform and are unable
to make sufficient headway against the currents, themarine traffic
controller may activate a helper tug in accordance with paragraph (k) of
this section.
(k) Management of vessels. (1) Vessels within the limits of the
canal shall comply with applicable navigation rules.
(2) Vessels within the limits of the canal shall comply with the
applicable requirements for the use of pilots established by the Coast
Guard,including but not limited to those contained in 46 CFR 157.20-40.
Vessels will not be granted clearance to enter the canal until the
marine trafficcontroller has been notified of the name of the pilot who
will be handling the vessel.
(3) The master of a vessel will be responsible for notifying the
marine traffic controller as soon as an emergency situation appears to
be developing.When in the opinion of the marine traffic controller an
emergency exists, he/she can require the master to accept the assistance
of a helper vessel.Whether or not assistance is provided by a government
vessel or by a private firm under contract to the government, the
government reserves the right toseek compensation from the vessel owners
for all costs incurred.
(4) Right of Way: All vessels proceeding with the current shall have
the right of way over those proceeding
[[Page 34]]
against the current. All craft up to 65feet in length shall be operated
so as not to interfere with the navigation of vessels of greater length.
(5) Passing of vessels: The passing of one vessel by another when
proceeding in the same direction is prohibited except when a leading low
powered shipis unable to make sufficient headway. However, extreme
caution must be observed to avoid collision, and consideration must be
given to the size of the shipto be overtaken, velocity of current and
wind, and atmospheric conditions. Masters of vessels involved shall
inform the marine traffic controller on dutyof developing situations to
facilitate coordination of vessel movement. Meeting or passing of
vessels at the easterly end of the canal between StationMinus 40 and
Station 60 will not be permitted, except in cases of extreme emergency,
in order to allow vessels to utilize the center line range to
minimizethe effects of hazardous eddies and currents. Due to bank
suction and tidal set, meeting and passing of vessels at the following
locations will be avoided:
(i) Sagamore Bridge.
(ii) Bourne Bridge.
(iii) Railroad Bridge.
(iv) Mass Maritime Academy.
(6) Unnecessary delay in canal: Vessels and other type crafts must
not obstruct navigation by unnecessarily idling at low speed when
entering orpassing through the canal.
(7) Stopping in the waterway: Anchoring in the Cape Cod Canal
Channel is prohibited except in emergencies. For the safety of canal
operations it ismandatory that the masters of all vessels anchoring in
or adjacent to the canal channel (Cape Cod Bay to Cleveland Ledge Light)
for any reason, immediatelynotify the marine traffic controller.
(8) Utilization of mooring and boat basins and the Sandwich
Bulkhead: Vessels mooring or anchoring in the mooring or boat basins at
the Sandwichbulkhead must do so in a manner not to obstruct or impede
vessel movements to and from facilities. These facilities are of limited
capacity and permissionto occupy them for periods exceeding 24 hours
must be obtained in advance from the marine traffic controller. Mooring
in the West Boat Basin at BuzzardsBay, near the railroad bridge, is not
permitted except in an emergency. Fishing boats, yachts, cabin cruisers
and other craft utilizing the East Boat Basinon the south side of the
canal at Sandwich, Massachusetts are not permitted to tie up at the
Corps of Engineers landing float or anchor in a manner toprevent canal
floating plant from having ready access to the float. All vessels or
barges left unattended must be securely tied with adequate lines
orcables. The United States assumes no liability for damages which may
be sustained by any craft using the bulkhead at Sandwich or the canal
mooring or boatbasin facilities. Vessels shall not be left unattended
along the face of the government bulkhead. A responsible person with
authority to authorize and/oraccomplish vessel movement must remain
onboard at all times.
(l) Grounded, wrecked or damaged vessels. In the event a vessel is
grounded, or so damaged by accident as to render it likely to become
anobstruction and/or hazard to navigation in the waterway, the division
engineer or the division engineer's authorized representative shall
supervise anddirect all operations that may be necessary to remove the
vessel to a safe locality.
(m) [Reserved]
(n) Deposit of refuse. No oil or other allied liquids, ashes, or
materials of any kind shall be thrown, pumped or swept into the canal or
itsapproaches from any vessel or craft using the waterway, nor shall any
refuse be deposited on canal grounds, marine structures, or facilities.
(o) Trespass to property. Subject to the provisions of paragraph (q)
of this section trespass upon the canal property is prohibited.
(p) Bridges over the canal. The government owns, operates and
maintains all bridges across the canal which include one railroad bridge
and twohighway bridges. The division engineer or his/her authorized
representative may establish rules and regulations governing the use of
these bridges.
(q) Recreational use of canal--(1) Policy. (i) It is the policy of
the Secretary of the Army acting through the Chief of Engineers
toprovide the public with
[[Page 35]]
safe and healthful recreational opportunities within all water resource
development projects administered by the Chief ofEngineers, including
the canal and government lands part thereof. Any recreational use of the
canal and those lands shall be at the users own risk.
(ii) All water resource development projects open for recreational
use shall be available to the public without regard to sex, race, creed,
color ornational origin. No lessee, licensee, or concessionaire
providing a service to the public shall discriminate against any person
or persons because of sex,race, creed, color or national origin in the
conduct of operations under the lease, license or concession contract.
(2) Motor vehicles. Operation of motor vehicles, motorcycles,
minibikes, mopeds, motorbikes, snowmobiles, and all types of off-road
vehicles isprohibited on government lands and service roads except in
areas specifically designated for such operation.
(3) Swimming. Swimming, skin diving, snorkling, and scuba diving in
the canal between the east entrance in Cape Cod Bay and the west
entrance atCleveland Ledge Light are prohibited. Diving operations may
be authorized by the Engineer-In-Charge in conjunction with operation
and maintenance of thecanal.
(4) Camping. Overnight tenting or camping on governmment land is
prohibited except in areas designated by the division engineer. Bourne
ScenicPark and Scusset Beach State Reservation are designated camping
areas. Persons asleep during hours of darkness in or out of vehicles
shall be considered ascampers.
(5) Fishing. Persons may fish with rod and line from the banks of
the canal on Federally owned property except areas designated by the
divisionengineer. Fishing and lobstering by boat in the Cape Cod Canal
between the east entrance in Cape Cod Bay and the west entrance at
Cleveland Ledge Light areprohibited. Fishing by boat is permitted in the
area west of the State Pier in Buzzards Bay, provided that all craft
stay out of the channel defined byU.S. Coast Guard buoys and beacons.
Fish and game laws of the United States and the Commonwealth of
Massachusetts will be enforced.
(6) Hunting. Hunting is permitted in accordance with game laws of
the United States and the Commonwealth of Massachusetts.
(7) Fires. No open fires will be allowed at any time except by
special permission and then shall be continuously overseen and in
compliance withstate or town laws.
(8) Control of animals and pets. (i) No person shall bring or have
horses in camping, picnic, swimming beaches or developed recreation
areas.
(ii) No person shall bring dogs (except seeing eye dogs), cats, or
other pets into developed recreation areas unless penned, caged, or on a
leash nolonger than six feet or otherwise under physical restrictive
controls at all time.
(9) Restrictions. (i) The division engineer may establish a
reasonable schedule of visiting hours for all or portions of the project
area andclose or restrict the public use of all or any portion of the
project by the posting of appropriate signs indicating the extent and
scope of closure. Allpersons shall observe such posted restrictions.
(ii) The operation or use of any audio or other noise producing
device including, but not limited to, communications media and vehicles
in such amanner as to unreasonably annoy, endanger persons or affect
vessel traffic through the canal is prohibited.
(10) Explosives, firearms, other weapons and fireworks. (i) The
possession of loaded firearms, ammunition, projectile firing devices,
bows andarrows, crossbows, and explosives of any kind is prohibited
unless in the possession of a law enforcement officer or Government
employee on official dutyor used for hunting during the hunting season
as permitted under paragraph (q)(6) of this section, or unless written
permission has been received from thedivision engineer.
(ii) The possession or use of fireworks is prohibited unless written
permission has been received from the division engineer.
(11) Public property. Destruction, injury, defacement or removal of
public property including natural formations, historical and
archeologicalfeatures and vegetative growth is prohibited
[[Page 36]]
without written permission of the division engineer.
(12) Abandonment of personal property. (i) Abandonment of personal
property is prohibited. Personal property shall not be left unattended
uponthe lands or waters of the project except in accordance with this
regulation. After a period of 24 hours, abandoned or unattended personal
property shallbe impounded and stored at a storage point designated by
the division engineer. The division engineer shall assess a reasonable
impoundment fee, whichshall be paid before the impounded property is
returned to its owners.
(ii) The division engineer shall, by public or private sales or
otherwise, dispose of all lost, abandoned, or unclaimed personal
property that comesinto his/her custody or control. However, efforts
should be made to find the owner, the owner's heirs or next of kin, or
legal representatives. If theowner, heirs or next of kin, or legal
representative is determined but not found, the property may not be
disposed of until the expiration of 120 daysafter the date when notice,
giving the time and place of the intended sale or other disposition, has
been sent by certified or registered mail to thatperson at last known
address. When diligent effort to determine the owner, owner's heirs or
next of kin, or legal representative is unsuccessful, theproperty may be
disposed of without delay, except that if it has a fair market value of
$25 or more the property generally may not be disposed of untilthree
months after the date it is received at the Cape Cod Canal
Administrative Office. The net proceeds from the sale of property shall
be placed into theTreasury of the United States as miscellaneous
receipts.
(13) Lost and found articles. All abandoned/lost articles shall be
deposited by the finder at the Canal Administration office or with
Canalranger. The finder shall leave his/her name, address, and phone
number. All lost articles shall be disposed of in accordance with
procedures set forth inparagraph (q)(12) of this section.
(14) Advertisement. Advertising by the use of billboards, signs,
markers, audio devices or any other means whatever is prohibited unless
writtenpermission has been received from the division engineer.
(15) Commercial activities. The engaging in or solicitation of
business without the written permission of the division engineer is
prohibited.
(16) Unauthorized structures. The construction or placing of any
structure of any kind under, upon or over the project lands or water
isprohibited unless a permit has been issued by the division engineer.
Structures not under permit are subject to summary removal by the
division engineer.
(17) Special events. Prior approval must be obtained from the
Engineer-In-Charge for special events, recreational programs and group
activities.The public shall not be charged any fee by the sponsor of
such event unless the division engineer has approved in writing the
proposed schedule of fees.
(18) Interference with government employees. Interference with any
government employee in the conduct of official duties pertaining to
theadministration of these regulations is prohibited.
[45 FR 51552, Aug. 4, 1980; 45 FR 60430, Sept. 12, 1980, as amended at
56 FR 13765, Apr. 4, 1991]
Sec. 207.50 Hudson River Lock at Troy, N.Y.; navigation.
(a) Authority of lockmaster. The lockmaster shall be charged with
the immediate control and management of the lock, and of the area set
aside asthe lock area, including the lock approach channels. He shall
see that all laws, rules and regulations for the use of the lock and
lock area are dulycomplied with, to which end he is authorized to give
all necessary orders and directions in accordance therewith, both to
employees of the Government andto any and every person within the limits
of the lock or lock area, whether navigating the lock or not. No one
shall cause any movement of any vessel,boat, or other floating thing in
the lock or approaches except by or under the direction of the
lockmaster or his assistants.
(b) Signals. Steamboats or tows desiring lockage in either direction
shall give notice to the lock tenders, when not more than three-fourths
milefrom
[[Page 37]]
the lock, by one long blast of (10 seconds' duration), followed by one
short blast (of three seconds' duration), or a whistle or horn. When
thelock is ready for entrance a green light will be shown from the river
wall. An amber light will indicate that the lock is being made ready for
entrance. Ared light will indicate that the approaching vessel must
wait. Whenever local conditions make it advisable the visual signals
will be supplemented by soundsignals as follows:
(1) One long blast of a horn to indicate that the vessel must wait.
(2) One short blast of a horn to indicate that the lock is being
made ready for entrance.
(3) Two short blasts of a horn to indicate permission to enter the
lock.
(4) Four short and rapid blasts to attract attention, indicate
caution, and signal danger.
(c) Draft of boats. Deep-draft boats must clear the miter sills by
at least 3 inches. Boats drawing too much water will not be allowed to
lightercargo in the entrances.
(d) Precedence at the lock. The vessel arriving first at the lock
shall be first to lock through; but precedence shall be given to
vesselsbelonging to the United States and to commercial vessels in the
order named. Arrival posts or markers may be established ashore above or
below the lock.Vessels arriving at or opposite such posts or markers
will be considered as having arrived at the lock within the meaning of
this paragraph. If the trafficis crowded in both directions; up and down
lockages will usually be made alternately, but the lock tender may
permit two or more lockages to be made at onetime in the same direction
when this will not cause unreasonable delay. In case two or more boats
or tows are to enter for the same lockage, they shallenter as directed
by the lock tender. No boat shall run ahead of another while in the
lock. The boat that enters first shall leave first.
(e) Lockage of pleasure boats. The lockage of pleasure boats, house
boats or like craft shall be expedited by locking them through
withcommercial craft (other than barges carrying gasoline or highly
hazardous materials) in order to utilize the capacity of the lock to its
maximum. Lockageof pleasure craft may be made with commercial craft
carrying petroleum products other than gasoline, provided a clear
distance of at least 100 feet betweensuch vessels can be maintained in
the lock. If, after the arrival of such craft, no separate or combined
lockage can be accomplished within a reasonabletime, not to exceed the
time required for three other lockages, then separate lockage shall be
made.
(f) Stations while waiting. Boats waiting their turn to enter the
lock must lie at a sufficient distance from the lock and in such a
position asto leave sufficient room for the passage of boats leaving the
lock.
(g) Unnecessary delay. (1) Boats must not cause delay in entering or
leaving the lock. Masters and pilots will be held to a strict
accountabilityin this matter, and those with tows must provide enough
men to move barges promptly. Boats failing to enter the lock with
reasonable promptness after beingsignaled will lose their turn.
(2) Tugboats arriving with their tows in a condition which will
delay locking shall lose their turn if so ordered by the lock tender.
Leaking boats maybe excluded until put in shape to be passed through
safely.
(h) Mooring. Boats in the lock or waiting in the entrance shall be
moored where directed by the lock tender, by bow, stern, and spring
lines, tothe snubbing posts or line hooks. Tying boats to the lock
ladders is strictly prohibited.
(i) Protection of lock gates. Boats will not be permitted to enter
or leave the lock until the lock gates are at rest in the gate recesses
andthe lock tender has directed the boat to start.
(j) Damage to walls, etc. All craft passing through the lock must be
free from projections or sharp corners which might scar the walls or
injureother parts. Steamboats must be provided with suitable fenders,
etc. One man shall be kept at the head of every tow till it has cleared
the lock and guidewalls, and shall use the fender to prevent scarring
the walls.
(k) Handling machinery. None but employees of the United States will
be allowed to move any valve, gate, or other machinery belonging to
thelock.
[[Page 38]]
(l) Refuse in lock. Throwing ashes, refuse, or other obstruction in
the entrances or in the lock, or on the walls thereof, and passing
coalfrom flats or barges to a steamboat while in the lock is prohibited.
(m) [Reserved]
(n) Trespass on U.S. property. Trespass on U.S. property, or willful
injury to the banks, masonry, fences, trees, houses, machinery, or
otherproperty of the United States at or near the lock is strictly
prohibited.
(o) Penalties. In addition to the penalties prescribed by law, boats
which fail to comply with the regulations in this section will
thereafter berefused lockage until assurances have been received,
satisfactory to the District Engineer, Corps of Engineers, New York, New
York, that the regulationswill be complied with.
[Regs., Mar. 24, 1916, as amended at 16 FR 7210, July 24, 1951; 26 FR
352, Jan. 18, 1961; 56 FR 13765, Apr. 4, 1991]
Sec. 207.60 Federal Dam, Hudson River, Troy, N.Y.; pool level.
(a) Whenever the elevation of the pool created by the Federal dam at
Troy, N.Y., shall fall to a point level with the crest of the main
spillway, theelevation of which is +14.33 feet mean sea level, the
operation of the power plant shall cease and further operation thereof
shall be suspended until suchtime as the water level rises to or above
+14.43 feet mean sea level.
(b) Flashboards may be maintained on the section of the spillway of
the dam having an elevation of +14.33 feet mean sea level in order to
increase theelevation of this section to an elevation equal to that of
the auxiliary spillway, or +16.33 feet mean sea level: Provided, That
the flashboards areso erected as to drop automatically when the pool
level rises to an elevation of +18.5 feet mean sea level, and conform in
other respects to the plansattached thereto.
(c) The tide staff to be used in determining the elevation of the
pool shall be the ceramic tide staff now located on the westerly face of
the eastlock wall north of the northerly gates, the zero of which is set
2 feet below mean sea level.
(d) The regulations of the pool level and the maintenance of
flashboards shall be subject to the supervision and approval of the
District Engineer, NewYork City.
[Regs., Dec. 2, 1924, as amended at 25 FR 8907, Sept. 16, 1960]
Sec. 207.100 Inland waterway from Delaware River to Chesapeake Bay, Del. and Md. (Chesapeake and Delaware Canal); use, administration, and navigation.
(a) Applicability. The regulations in this section are applicable to
that part of the inland waterway from Delaware River to Chesapeake Bay,
Del.and Md., between Reedy Point, Delaware River, and Old Town Point
Wharf, Elk River.
(b) Supervision. The District Engineer, Corps of Engineers,
Philadelphia, Pa., has administrative supervision over the waterway and
is chargedwith the enforcement of these regulations. The District
Engineer from time to time will prescribe rules governing the dimensions
of vessels which maytransit the waterway, and other special conditions
and requirements which will govern the movement of vessels using the
waterway. The District Engineer'srepresentative is the Chesapeake City
Resident Engineer. The Chesapeake City Resident Engineer through the
dispatcher on duty will enforce theseregulations and monitor traffic
through the canal.
(c) Safe navigation required. Clearance for any vessel to enter or
pass through any part of the waterway will be contingent on the
vessel'shaving adequate personnel, machinery, and operative devices for
safe navigation. In the event of question as to the ability of any
vessel to navigate thewaterway safely, a ruling will be made by the
dispatcher. The owner, agent, master, pilot, or other person in charge
of the vessel concerned may appeal thedispatcher's ruling to the
District Engineer whose decision shall be final. A clearance by the
dispatcher for a vessel's passage through the waterway shallnot relieve
the owners, agents, and operators of the vessel of full responsibility
for its safe passage.
(d) Radio equipment. Requirements for radio equipment on vessels
transiting the waterway are as described in rules
[[Page 39]]
governing traffic throughthe waterway issued by the District Engineer.
Vessels not having the mandatory radio equipment will not be permitted
to transit the canal.
(e) Anchorage and wharfage facilities. The anchorage basin at
Chesapeake City and free wharfage facilities on the west side of the
anchoragebasin are available for small vessels only. These facilities
are of limited capacity, and permission to occupy them for periods
exceeding 24 hours must beobtained in advance from the dispatcher at
Chesapeake City.
(f) Projections from vessels. No vessel carrying a deck load which
overhangs or projects beyond the sides of the vessel will be permitted
toenter or pass through the waterway. Vessels carrying rods, poles, or
other gear extending above the top of the vessel's mast will be required
to lower suchequipment to a level with the top of the mast before
entering the waterway.
(g) [Reserved]
(h) Tows--(1) Integrated pusher-type tows. The maximum overall
length and extreme breadth of this type of tow which may transit
thecanal are as described in rules governing traffic through the
waterway issued by the District Engineer.
(2) All other types of tows. All ships or tugs engaged in towing
vessels not equipped with a rudder, whether light or loaded, shall use
twotowlines or a bridle on one towline. If the vessel in tow is equipped
with a rudder, one towline without a bridle may be used. All towlines
must be hauledas short as practicable for safe handling of the tows. No
towboat will be permitted to enter the waterway with more than two
loaded, or three light barges.Two or more barges or other vessels, not
self-propelled, shall be towed abreast and not in tandem, using two
towlines unless the towboat is made fastalongside the tow.
(i) [Reserved]
(j) Traffic lights. Traffic lights are located at Reedy Point and
Old Town Point Wharf. These traffic lights are described in the rules
governingtraffic through the waterway issued by the District Engineer.
(k) Drawbridges. Operation of the Penn Central vertical lift bridge
across the canal will be in accordance with regulations promulgated by
theU.S. Coast Guard, Sec. 117.235a Chesapeake and Delaware Canal, Del.,
of this chapter.
(l) [Reserved]
(m) Refuse and oil. The depositing of trash, refuse, debris, oil, or
other material in the waterway or upon the banks or right-of-way
isprohibited. Violators are subject to penalties as prescribed by
Federal law.
(n) Damage to waterway property. Damage to the waterway, lands,
banks, bridges, jetties, piers, fences, buildings, trees, telephone
lines,lighting structures, or any other property of the United States
pertaining to the waterway is prohibited.
(o) Fish and game. The fish and game laws of the United States and
of the States of Delaware and Maryland, within their respective bounds,
willbe enforced upon the waters and lands pertaining to the waterway
owned by the United States.
(p) Grounded, wrecked, or damaged vessels. In the event a vessel is
grounded or wrecked in the waterway or is damaged by accident or
successivemechanical breakdown, the owner, agent, or operator shall take
prompt action to prevent the vessel from becoming or remaining an
obstruction to navigation,and such persons shall also respond to such
instructions as may be issued by the District Engineer to prevent the
vessel from becoming or remaining amenace to navigation. The lack of
reasonable response from owner, agent, or operator may be deemed
sufficient cause for the District Engineer to undertakerepair or removal
of the vessel as he may determine to be in the best interest to the
Government.
(q)-(s) [Reserved]
(t) Pilotage. Any pilot who pilots in the canal shall comply with
State laws or Coast Guard regulations and must be licensed for this
waterway bythe U.S. Coast Guard.
(u) Vessels difficult to handle. Vessels which are observed by the
pilot or master in charge, to be difficult to handle, or which are known
tohave handled badly on previous trips, must transit the canal during
daylight hours and must have tug assistance. Such vessels
[[Page 40]]
must obtain permissionfrom the dispatcher to enter the canal and must be
provided with the number of tugs sufficient to afford safe passage.
Agents must make their ownarrangements for tug assistance. Such
eastbound vessels must clear Reedy Point Bridge, and such westbound
vessels the Chesapeake City Bridge, before dark.
[37 FR 9670, May 16, 1972, as amended at 42 FR 57961, Nov. 7, 1977; 56
FR 13765, Apr. 4, 1991]
Sec. 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.
(a) Description. This section applies to the following:
(1) Waterways. All navigable waters of the United States, natural or
artificial, including bays, lakes, sounds, rivers, creeks,
intracoastalwaterways, as well as canals and channels of all types,
which are tributary to or connected by other waterways with the Atlantic
Ocean south of ChesapeakeBay or with the Gulf of Mexico east and south
of St. Marks, Florida.
(2) Locks. All Government owned or operated locks and hurricane gate
chambers and appurtenant structures in any of the waterways described
inparagraph (a)(1) of this section.
(3) U.S. property. All river and harbor lands owned by the United
States in or along the waterways described in paragraph (a)(1) of this
section,including lock sites and all structures thereon, other sites for
Government structures and for the accommodation and use of employees of
the United States,and rights of way and spoil disposal areas to the
extent of Federal interest therein.
(4) Vessels and rafts. The term ``vessel'' as used in this section
includes all floating things moved over these waterways other thanrafts.
(b) Authority of District Engineers. The use, administration, and
navigation of these waterways, Federal locks and hurricane gate chambers
shallbe under the direction of the officers of the Corps of Engineers,
U.S. Army, detailed in charge of the respective sections, and their
authorizedassistants. The cities in which the U.S. District Engineers
are located are as follows:
U.S. District Engineer, Norfolk, Virginia.
U.S. District Engineer, Wilmington, North Carolina.
U.S. District Engineer, Charleston, South Carolina.
U.S. District Engineer, Savannah, Georgia.
U.S. District Engineer, Jacksonville, Florida.
(c) [Reserved]
(d) Bridges. (For regulations governing the operation of bridges,
see Sec. Sec. 117.1, 117.240 and 117.245 of this title.)
(e) Locks--(1) Authority of lockmasters. (i) Locks staffed with
Government personnel. The provisions of this subparagraph applyto all
waterways in this Section except for the segment of the Atlantic
Intracoastal Waterway identified in (e)(1)(ii). The lockmaster shall be
chargedwith the immediate control and management of the lock, and of the
area set aside as the lock area, including the lock approach channels.
He/she shall seethat all laws, rules and regulations for the use of the
lock and lock area are duly complied with, to which end he/she is
authorized to give all necessaryorders and directions in accordance
therewith, both to employees of the Government and to any and every
person within the limits of the lock and lock area,whether navigating
the lock or not. No one shall cause any movement of any vessel, boat, or
other floating thing in the lock or approaches except by orunder the
direction of the lockmaster or his/her assistants.
(ii) Locks staffed with contract personnel. The provisions of this
subparagraph apply to the segment of the Atlantic Intracoastal
Waterwaycomprising the Albermarle and Chesapeake Canal and the Dismal
Swamp Canal including Great Bridge Lock, Chesapeake, Virginia; Deep
Creek Lock, Chesapeake,Virginia; and South Mills Lock, North Carolina.
Contract personnel shall give all necessary orders and directions for
operation of the locks. No one shallcause any movement of any vessel,
boat or other floating thing in the locks or approaches except by or
under the direction of the contract lock operator.All duties and
responsibilities of the lockmaster set forth in this section shall be
performed
[[Page 41]]
by the contract lock operator except that theresponsibility for
enforcing all laws, rules and regulations shall be vested in a
government employee designated by the Norfolk District Engineer.
TheDistrict Engineer will notify waterway users and the general public
through appropriate notices and media concerning the location and
identity of thedesignated government employee.
(2) Signals. Vessels desiring lockage in either direction shall give
notice to the lockmaster at not more than three-quarters of a mile nor
lessthan one-quarter of a mile from the lock, by two long and two short
blasts of a whistle. When the lock is available, a green light,
semaphore or flag willbe displayed; when not available, a red light,
semaphore or flag will be displayed. No vessels or rafts shall approach
within 300 feet of any lock entranceunless signalled to do so by the
lockmaster.
(3) Precedence at locks. (i) The vessel arriving first at a lock
shall be first to lock through; but precedence shall be given to
vesselsbelonging to the United States and to commercial vessels in the
order named. Arrival posts or markers may be established ashore above or
below the locks.Vessels arriving at or opposite such posts or markers
will be considered as having arrived at the locks within the meaning of
this paragraph.
(ii) The lockage of pleasure boats, house boats or like craft shall
be expedited by locking them through with commercial craft (other than
bargescarrying petroleum products or highly hazardous materials) in
order to utilize the capacity of the lock to its maximum. If, after the
arrival of suchcraft, no separate or combined lockage can be
accomplished within a reasonable time not to exceed the time required
for three other lockages, then separatelockage shall be made.
(4) Entrance to and exit from locks. No vessel or raft shall enter
or leave the locks before being signalled to do so. While waiting their
turns,vessels or rafts must not obstruct traffic and must remain at a
safe distance from the lock. They shall take position in rear of any
vessels or rafts thatmay precede them, and there arrange the tow for
locking in sections if necessary. Masters and pilots of vessels or in
charge of rafts shall cause no unduedelay in entering or leaving the
lock, and will be held to a strict accountability that the approaches
are not at any time unnecessarily obstructed byparts of a tow awaiting
lockage or already passed through. They shall provide sufficient men to
move through the lock promptly without damage to thestructures. Vessels
or tows that fail to enter the locks with reasonable promptness after
being signalled to do so will lose their turn.
(5) Lockage of vessels. (i) Vessels must enter and leave the locks
carefully at slow speed, must be provided with suitable lines and
fenders,must always use fenders to protect the walls and gates, and when
locking at night must be provided with suitable lights and use them as
directed.
(ii) Vessels which do not draw at least six inches less than the
depth on miter sills or breast walls, or which have projections or sharp
cornersliable to damage gates or walls, shall not enter a lock or
approaches.
(iii) No vessel having chains or lines either hanging over the sides
or ends, or dragging on the bottom, for steering or other purposes, will
bepermitted to pass a lock or dam.
(iv) Power vessels must accompany tows through the locks when so
directed by the lockmaster.
(v) No vessel whose cargo projects beyond its sides will be admitted
to lockage.
(vi) Vessels in a sinking condition shall not enter a lock or
approaches.
(vii) The passing of coal from flats or barges to steamers while in
locks is prohibited.
(viii) Where special regulations for safeguarding human life and
property are desirable for special situations, the same may be indicated
by printedsigns, and in such cases such signs will have the same force
as other regulations in this section.
(ix) The lockmaster may refuse to lock vessels which, in his
judgment, fail to comply with this paragraph.
(6) Lockage of rafts. Rafts shall be locked through in sections as
directed by the lockmaster. No raft will be locked that is not
constructed inaccordance with the requirements stated in paragraph (g)
of this section. The
[[Page 42]]
party in charge of a raft desiring lockage shall register with
thelockmaster immediately upon arriving at the lock and receive
instructions for locking.
(7) Number of lockages. Tows or rafts locking in sections will
generally be allowed only two consecutive lockages if one or more single
vesselsare waiting for lockage, but may be allowed more in special
cases. If tows or rafts are waiting above and below a lock for lockage,
sections will be lockedboth ways alternately whenever practicable. When
there are two or more tows or rafts awaiting lockage in the same
direction, no part of one shall pass thelock until the whole of the one
preceding it shall have passed.
(8) Mooring. (i) Vessels and rafts when in the lock shall be moored
where directed by the lockmaster by bow, stern and spring lines to
thesnubbing posts or hooks provided for that purpose, and lines shall
not be let go until signal is given for vessel or raft to leave. Tying
boats to the lockladders is prohibited.
(ii) The mooring of vessels or rafts near the approaches to locks
except while waiting for lockage, or at other places in the pools where
such mooringinterferes with general navigation of the waterway is
prohibited.
(9) Maneuvering locks. The lock gates, valves, and accessories will
be moved only under the direction of the lockmaster; but if required,
allvessels and rafts using the locks must furnish ample help on the lock
walls for handling lines and maneuvering the various parts of the lock
under thedirection of the lockmaster.
(f) [Reserved]
(g) Rafts, logging. (1) Rafts will be permitted to navigate a
waterway only if properly and securely assembled. The passage of``bag''
or ``sack'' rafts, ``dog'' rafts, or of loose logs over any portion of a
waterway, is prohibited. Each sectionof a raft will be secured within
itself in such a manner as to prevent the sinking of any log, and so
fastened or tied with chains or wire rope that itcannot be separated or
bag out so as to materially change its shape. All dogs, chains and other
means used in assembling rafts shall be in good conditionand of ample
size and strength to accomplish their purposes.
(2) No section of a raft will be permitted to be towed over any
portion of a waterway unless the logs float sufficiently high in the
water to make itevident that the section will not sink en route.
(3) Frequent inspections will be made by the person in charge of
each raft to insure that all fastenings remain secure, and when any one
is found tohave loosened, it shall be repaired at once. Should any log
or section be lost from a raft, the fact must be promptly reported to
the District Engineer,giving as definitely as possible the exact point
at which the loss occurred. In all cases the owner of the lost log or
section will take steps immediatelyto remove the same from the waterway.
(4) The length and width of rafts shall not exceed such maximum
dimensions as may be prescribed by the District Engineer.
(5) All rafts shall carry sufficient men to enable them to be
managed properly, and to keep them from being an obstruction to other
craft using thewaterway. To permit safe passage in a narrow channel
rafts will, if necessary, stop and tie up alongside the bank. Care must
be exercised both in towingand mooring rafts to avoid the possibility of
damage to aids to navigation maintained by the United States or under
its authorization.
(6) When rafts are left for any reason with no one in attendance,
they must be securely tied at each end and at as many intermediate
points as may benecessary to keep the timbers from bagging into the
stream, and must be moored so as to conform to the shape of the bank.
Rafts moored to the bank shallhave lights at 500-foot intervals along
their entire length. Rafts must not be moored at prominent projections
of the bank, or at critical sections.
(7) Logs may be stored in certain tributary streams provided a clear
channel at least one-half the width of the channel be left clear for
navigationalong the tributary. Such storage spaces must be protected by
booms and, if necessary to maintain an open channel, piling should also
be used. Authorityfor placing these booms and piling must be obtained by
written permit from the District Engineer.
[[Page 43]]
(8) The building, assembling, or breaking up of a raft in a waterway
will be permitted only upon special authority obtained from the
DistrictEngineer, and under such conditions as he may prescribe.
(h) Dumping of refuse or oil in waterway, obstructions. Attention is
invited to the provisions of sections 13 and 20 of the River and Harbor
Actof March 3, 1899 (30 Stat. 1152, 1154; 33 U. S. C. 407, 415), and of
sections 2, 3, and 4 of the Oil Pollution Act of June 7, 1924 (43 Stat.
604, 605; 33U.S.C. 432-434), which prohibit the depositing of any refuse
matter in these waterways or along their banks where liable to be washed
into thewaters; authorize the immediate removal or destruction of any
sunken vessel, craft, raft, or other similar obstruction, which stops or
endangersnavigation; and prohibit the discharge of oil from vessels into
the coastal navigable waters of the United States.
(i) Damage. Masters and owners of vessels using the waterways are
responsible for any damage caused by their operations to canal
revetments, lockpiers and walls, bridges, hurricane gate chambers,
spillways, or approaches thereto, or other Government structures, and
for displacing or damaging ofbuoys, stakes, spars, range lights or other
aids to navigation. Should any part of a revetment, lock, bridge,
hurricane gate chamber, spillway or approachthereto, be damaged, they
shall report the fact, and furnish a clear statement of how the damage
occurred, to the nearest Government lockmaster or bridgetender, and by
mail to the District Engineer, U.S. Engineer Office, in local charge of
the waterway in which the damage occurred. Should any aid tonavigation
be damaged, they shall report that fact immediately to the
Superintendent of Lighthouses at Norfolk, Virginia, if north of New
River Inlet,North Carolina; to the Superintendent of Lighthouses at
Charleston, South Carolina, if between New River Inlet, North Carolina,
and St. Lucie Inlet,Florida; to the Superintendent of Lighthouses at Key
West, Florida, if between St. Lucie Inlet and Suwanee River, Florida;
and to the Superintendent ofLighthouses, New Orleans, Louisiana, if
between Suwanee River and St. Marks, Florida.
(j) Trespass on property of the United States. Trespass on waterway
property or injury to the banks, locks, bridges, piers, fences,
trees,houses, shops or any other property of the United States
pertaining to the waterway is strictly prohibited. No business, trading
or landing of freight orbaggage will be allowed on or over Government
piers, bridges, or lock walls.
(k) Copies of regulations. Copies of the regulations in this section
will be furnished free of charge upon application to the nearest
DistrictEngineer.
[Regs., Apr. 30, 1938, as amended at 8 FR 15381, Nov. 9, 1943; 25 FR
8908, Sept. 16, 1960; 26 FR 353, Jan. 18, 1961; 34 FR 4967, Mar. 7,
1969; 42FR 57961, Nov. 7, 1977; 48 FR 6335, Feb. 11, 1983; 56 FR 13765,
Apr. 4, 1991]
Sec. 207.169 Oklawaha River, navigation lock and dam at Moss Bluff, Fla.; use, administration, and navigation.
(a) The owner of or agency controlling the lock shall not be
required to operate the navigation lock except from 7 a.m. to 7 p.m.
during the period ofFebruary 15 through October 15 each year, and from 8
a.m. to 6 p.m. during the remaining months of the year. During the above
hours and periods the lockshall be opened upon demand for the passage of
vessels. The hours of operation are based on local time.
(b) The owner of or agency controlling the lock shall place signs of
such size and description as may be designated by the District Engineer,
U.S. ArmyEngineer District, Jacksonville, Fla., at each side of the lock
indicating the nature of the regulations of this section.
[35 FR 10520, June 27, 1970, as amended at 38 FR 5468, Mar. 1, 1973]
Sec. 207.170 Federal Dam, Oklawaha River, Moss Bluff, Fla.; pool level.
(a) The level of the pool shall normally be maintained at elevation
56.5 feet above sea level: Provided, That the level of the pool may be
raisedto not exceeding 58.5 feet above sea level at such times as may be
authorized in writing by the District Engineer, Jacksonville, Fla., and
subject to suchconditions as he may specify.
[[Page 44]]
(b) When, in the opinion of the District Engineer, an emergency
exists requiring the lowering of the pool level to an elevation less
than 56.5above sea level either to safeguard the dikes or to increase
the discharge from Lake Griffin in times of high water, the discharge
past the dam shall beregulated in such manner as he may direct until he
shall declare the emergency passed.
[Regs., Dec. 3, 1928]
Sec. 207.170a Eugene J. Burrell Navigation Lock in Haines Creek near Lisbon, Fla.; use, administration, and navigation.
(a) The owner of or agency controlling the lock shall not be
required to operate the navigation lock except from 7 a.m. to 12 noon,
and from 1 p.m. to7 p.m., during the period of February 15 through
October 15 each year; and from 8 a.m. to 12 noon, and from 1 p.m. to 6
p.m., during the remaining monthsof each year. During the above hours
and periods the lock shall be opened upon demand for the passage of
vessels.
(b) The owner of the lock shall place signs, of such size and
description as may be designated by the District Engineer, U.S. Army
Engineer District,Jacksonville, Florida, at each side of this lock
indicating the nature of the regulations of this section.
[24 FR 1461, Feb. 27, 1959]
Sec. 207.170b Apopka-Beauclair Navigation Lock in Apopka-Beauclair Canal in Lake County, Fla.; use, administration, and navigation.
(a) The owner of or agency controlling the lock shall not be
required to operate the navigation lock except from 7:00 a.m. to 12:00
noon, and from 1:00p.m. to 7:00 p.m., during the period of February 15
through October 15 each year; and from 8:00 a.m. to 12 noon, and from
1:00 p.m. to 6:00 p.m., duringthe remaining months of each year. During
the above hours and periods the lock shall be opened upon demand for the
passage of vessels.
(b) The owner of the lock shall place signs, of such size and
descriptions as may be designated by the District Engineer, U.S. Army
Engineer District,Jacksonville, Florida, at each side of this lock
indicating the nature of the regulations.
[24 FR 5151, June 24, 1959]
Sec. 207.170c Kissimmee River, navigation locks between Lake Tohopekaliga and Lake Okeechobee, Fla.; use, administration, and navigation.
(a) The owner of or agency controlling the locks shall be required
to open the navigation locks upon demand for passage of vessels during
the followinghours and periods:
------------------------------------------------------------------------
Locks S-61, S-65, and S-65E
------------------------------------------------------------------------
Monday through Friday........... All year.......... 7:00 a.m. to 6:00
p.m.
Saturday and Sunday............. Mar. 1 through 5:30 a.m. to 7:30
Oct. 31. p.m.
Do............................. Nov. 1 through 5:30 a.m. to 6:30
Feb. 28. p.m.
------------------------------------------------------------------------
Lock S-65A
------------------------------------------------------------------------
Seven days a week............... All year.......... 8:00 a.m. to 5:00
p.m.
------------------------------------------------------------------------
Locks S-65B, S-65C, and S-65D
------------------------------------------------------------------------
Monday through Friday........... All year.......... 8:00 a.m. to 5:00
p.m.
Saturday and Sunday............. Mar. 1 through 5:30 a.m. to 7:30
Oct. 31. p.m.
Do............................. Nov. 1 through 5:30 a.m. to 6:30
Feb. 28. p.m.
------------------------------------------------------------------------
(b) The owner of or agency controlling the locks shall place signs,
of such size and description as may be designated by the District
Engineer, U.S.Army Engineer District, Jacksonville, Florida, at each
side of the locks indicating the nature of the regulations of this
section.
[29 FR 2384; Feb. 12, 1964, as amended at 31 FR 7566, May 26, 1966; 33
FR 7626, May 23, 1968]
Sec. 207.170d Taylor Creek, navigation lock (S-193) across the entrance to
Taylor Creek at Lake Okeechobee, Okeechobee, Fla.; use, administration,
andnavigation.
(a) The owner of or agency controlling the lock shall not be
required to operate the navigation lock except from 5:30 a.m. to 8:00
p.m. daily. Duringthe above hours the lock shall be opened upon demand
for the passage of vessels.
(b) The owner of the lock shall place signs, of such size and
description as
[[Page 45]]
may be designated by the District Engineer, U.S. Army EngineerDistrict,
Jacksonville, Florida at each side of this lock indicating the nature of
the regulations of this section.
[Regs., July 17, 1973, 1522-01 (Taylor Creek, Fla.) DAEN-CWO-N]
(Sec. 7, 40 Stat. 266; 33 U.S.C. 1)
[38 FR 21404, Aug. 8, 1973]
Sec. 207.175a Carlson's Landing Dam navigation lock, Withlacoochee River, Fla.; use, administration, and navigation.
(a) The owner of or agency controlling the lock shall not be
required to operate the navigation lock except from 7 a.m. to 12 noon,
and from 1 p.m. to7 p.m., during the period of February 15 through
October 15 each year; and from 8 a.m. to 12 noon, and from 1 p.m. to 6
p.m., during the remaining monthsof each year. During the above hours
and periods the lock shall be opened upon demand for the passage of
vessels.
(b) The owner of or agency controlling the lock shall place signs,
of such size and description as may be designated by the District
Engineer, U.S.Army Engineer District, Jacksonville, Fla., at each side
of the lock indicating the nature of the regulations in this section.
[30 FR 6161, May 1, 1965]
Sec. 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.
(a) The regulations in this section shall apply to:
(1) Waterways. All navigable waters of the U.S. tributary to or
connected by other waterways with the Gulf of Mexico between St. Marks,
Fla., andthe Rio Grande, Tex. (both inclusive), and the Gulf
Intracoastal Waterway; except the Mississippi River, its tributaries,
South and Southwest Passes, andthe Atchafalaya River above its junction
with the Morgan City-Port Allen Route.
(2) Locks and floodgates. All locks, floodgates, and appurtenant
structures in the waterways described in paragraph (a)(1) of this
section.
(3) Bridges, wharves, and other structures. All bridges, wharves,
and other structures in or over these waterways.
(4) Vessels. The term ``vessels'' as used in this section includes
all floating craft other than rafts.
(5) Rafts. The term ``raft'' as used in this section includes any
and all types of assemblages of floating logs or timber fastenedtogether
for support or conveyance.
(b) Authority of District Engineers. The use, administration, and
navigation of the waterways and structures to which this section applies
shallbe under the direction of the officers of the Corps of Engineers,
U.S. Army, in charge of the respective districts, and their authorized
assistants. Thelocation of these Engineer Districts, and the limits of
their jurisdiction, are as follows:
(1) U.S. District Engineer, Mobile, Ala. The St. Marks River, Fla.,
to the Pearl River, Mississippi and Louisiana; and the Gulf
IntracoastalWaterway from Apalachee Bay, Fla., to mile 36.4 east of
Harvey Lock.
(2) U.S. District Engineer, Vicksburg, Miss. The Pearl River and its
tributaries, Mississippi and Louisiana.
(3) U.S. District Engineer, New Orleans, La. From Pearl River,
Mississippi and Louisiana, to Sabine River, Louisiana and Texas; and the
GulfIntracoastal Waterway from mile 36.4 east of Harvey Lock, to mile
266 west of Harvey Lock.
(4) U.S. District Engineer, Galveston, Tex. The Sabine River,
Louisiana and Texas, to the Rio Grande, Tex.; and the Gulf Intracoastal
Waterwayfrom mile 266 west of Harvey Lock, to Brownsville, Tex.
(c) [Reserved]
(d) Locks and floodgates. (1) The term ``lock'' as used in this
section shall include locks, floodgates, and appurtenant structures,and
the area designated as the lock area including the lock approach
channels.
(2) Authority of lockmasters. The term ``lockmaster'' as used in
this section means the official in charge of operating a lock
orfloodgate. The lockmaster is responsible for the immediate management
and control of
[[Page 46]]
the lock and lock area and for the enforcement of all laws, rules,and
regulations for the use of the lock. He is authorized to give all
necessary and appropriate orders and instructions to every person in the
lock area,whether navigating the lock or not; and no one shall cause any
movement of any vessel within the lock area unless instructed to do so
by the lockmaster orhis duly authorized assistants. The lockmaster may
refuse passage through the lock to any vessel which, in his judgment,
fails to comply with theregulations of this section.
(3) Sound signals. Vessels desiring passage through a lock shall
notify the lockmaster by three long and distinct blasts of a horn,
whistle, orcalls through a megaphone, when within a reasonable distance
from the lock. When the lock is ready for entrance, the lockmaster shall
reply with three longblasts of a horn, whistle, or calls through a
megaphone. When the lock is not ready for entrance, the lockmaster shall
reply by four or more short,distinct blasts of a horn, whistle, or calls
through a megaphone (danger signal). Permission to leave the lock shall
be indicated by the lockmaster by onelong blast.
(4) Visual signals. Signal lights and discs shall be displayed at
all locks as follows:
(i) From sunset to sunrise. One green light shall indicate the lock
is open to approaching navigation; one red light shall indicate the lock
isclosed to approaching navigation.
(ii) From sunrise to sunset. Large discs, identical in color and
number to the light signals prescribed in paragraph (d)(4)(i) of this
sectionwill be displayed from a mast on or near the lock wall.
(5) Radiophone. Locks will moior continously VHF--Channel 14
(``Safety and Calling'' Channel) and/or AM-2738 kHz forinitial
communication with vessels. Upon arrival at a lock, a vessel equipped
with radio-phone will immediately advise the lock by radio of its
arrival sothat the vessel may be placed on proper turn. Information
transmitted or received in these communications shall in no way affect
the requirements for useof sound signals or display of visual signals,
as provided in paragraphs (d) (3) and (4) of this section.
(6) Precedence at locks. The order of precedence for locking is:
(i) U.S. Government vessels, passenger vessels, commercial vessels,
rafts, and pleasure craft.
(ii) The vessel arriving first at a lock will be locked through
first. When vessels approach simultaneously from opposite directions,
the vesselapproaching at the same elevation as the water in the lock
chamber will be locked through first. In order to achieve the most
efficient utilization of thelock, the lockmaster is authorized to depart
from the normal order of locking precedence, stated in paragraph
(d)(6)(i) of this section, as in his judgmentis warranted.
(iii) The lockage of pleasure boats, houseboats, or like craft may
be expedited by locking them through with commercial craft (other than
vesselscarrying dangerous cargoes, as described in 46 CFR part 146). If,
after the arrival of such craft, no combined lockage can be made within
reasonable time,not to exceed three other lockages, then separate
lockage shall be made.
(7) Entrance to and exits from locks. No vessel or tow shall enter
or exit from a lock before being signaled to do so. While awaiting
turn,vessels or tows must not obstruct navigation and must remain at a
safe distance from the lock, taking position to the rear of any vessel
or tows thatprecede them; and rearranging the tow for locking in
sections, if necessary. Masters and pilots of vessels or tows shall
enter or exit from a lock withreasonable promptness after receiving the
proper signal. Appropriate action will be taken to insure that the lock
approaches are not obstructed by sectionsof a tow either awaiting
lockage or already locked through. Masters of vessels shall provide
sufficient men to assist in the locking operation when deemednecessary
by the lockmaster. Care shall be taken to insure prompt and safe passage
of the vessel without damage to the structure.
(8) Lockage and passage of vessels. Vessels or tows shall enter and
exit from locks under sufficient control to prevent damage to the
lock,gates, guide
[[Page 47]]
walls, fenders, or other parts of the structure. Vessels shall be
equipped with and use suitable fenders and adequate lines to protect
thelock and to insure safe mooring during the locking operation. Vessels
shall not meet or pass anywhere between the gate walls or fender system
or in theapproaches to locks.
(9) Vessels prohibited from locks. The following vessels shall not
be permitted to enter locks or approach channels:
(i) Vessels in a sinking condition.
(ii) Vessels leaking or spilling cargo.
(iii) Vessels not having a draft of at least three (3) inches less
than the depth over the sills or breast walls.
(iv) Vessels having projection or cargo loaded in such a manner that
is liable to damage the structure.
(v) Vessels having chains, links, or drags either hanging over the
sides or ends or dragging on the bottom for steering or other purposes.
(vi) Vessels containing flammable or dangerous cargo must have the
hatch covers in place and securely fastened.
(10) Number of lockages. Tows locking in sections will generally be
allowed only two consecutive lockages if other vessels are waiting
forlockage unless otherwise decided by the lockmaster. If other tows are
waiting above and below a lock, lockages will be made both ways
alternately wheneverpracticable.
(11) Mooring in locks. (i) When in a lock, vessels and tows shall be
moored where directed by the lockmaster by bow, stern, and spring lines
tothe snubbing posts or hooks provided for that purpose, and lines shall
not be let go until the signal is given for the vessel to exit. Tying to
the lockladders is prohibited.
(ii) Mooring near the approaches to locks is prohibited except when
the vessels or tows are awaiting lockage.
(12) Lock operating personnel. Vessels and tows using the locks may
be required to furnish personnel to assist in locking through; however,
theoperation of the structure is the responsibility of the lockmaster,
and personnel assisting in the lockage of the vessels and tows will
follow thedirection of the appropriate official on duty at the lock. No
gates, valves or other accessories or controls will be operated unless
under his direction.
(13) [Reserved]
(14) Lockage of rafts. Rafts shall be locked through as directed by
the lockmaster. No raft will be locked that is not constructed in
accordancewith the requirements stated in paragraph (f) of this section.
The person in charge of a raft desiring lockage shall register with the
lockmasterimmediately upon arriving at the lock and receive instructions
for locking.
(e) Waterways. (1)-(5)(i) [Reserved]
(ii) Algiers Canal between the Mississippi River and Bayou
Barataria, La., and on Harvey Canal, Gulf Intracoastal Waterway, mile 0
to mile 6 WHL, tows74 feet in width will be allowed. Tows in excess of
55 feet wide desiring to move over Algiers Canal or Harvey Canal will
obtain clearance from thelockmaster at Algiers Lock or Harvey Lock,
respectively, before entering the canal. Overwidth tows will report
clearing Algiers or Harvey Canal to therespective lockmaster and will
rearrange tows to conform to prescribed dimensions immediately upon
leaving the canal. The lockmaster will withholdpermission for additional
tows over 55 feet wide until all previously authorized tows moving in
the opposite direction have cleared the waterway.
(iii)-(vi) [Reserved]
(vii) Vessels or tows shall not navigate through a drawbridge until
the movable span is fully opened.
(6) Projections from vessels. Vessels or tows carrying a deck load
which overhangs or projects over the side, or whose rigging projects
over theside, so as to endanger passing vessels, wharves, or other
property, shall not enter or pass through any of the narrow parts of the
waterway without priorapproval of the District Engineer.
(7) Meeting and passing. Passing vessels shall give the proper
signals and pass in accordance with the Federal Rules of the Road. At
certainintersections where strong currents may be encountered, sailing
directions may be issued through navigation bulletins or signs posted on
each side of theintersection.
[[Page 48]]
(f) Rafts. The navigation regulations in this paragraph shall apply
fully to the movement of rafts.
(1) Rafts will be permitted to navigate a waterway only if properly
and securely assembled. Each raft shall be so secured as to prevent the
loss orsinking of logs.
(2) All rafts shall carry sufficient men to enable them to be
managed properly. It will be the responsibility of the owner to remove
logs from thewaterway that have broken loose from the raft.
(3) Building, assembling, or breaking up of a raft within a waterway
may be permitted; however, the work must be done in an area that will
not restrictthe use of the waterway by other users. The work area must
be cleared of loose logs so that they will not enter the waterway and
become a hazard tonavigation.
(g) Damage. Should any damage be done to a revetment, lock,
floodgates, bridge, or other federally owned or operated structure, the
master of thevessel shall report the accident to the nearest lockmaster
or bridgetender as soon as possible after the accident. Damage to aids
to navigation and tononfederally owned bridges must be reported to the
Commander, Eighth Coast Guard District, New Orleans, La.
(h) Marine accidents. Masters, mates, pilots, owners, or other
persons using the waterways covered by this section shall report to the
DistrictEngineer at the earliest possible date any accident on the
waterway which causes any vessel to become an obstruction to navigation.
The information to befurnished the District Engineer shall include the
name of the vessel, its location, and the name and address of the owner.
The owner of a sunken vesselshall properly mark the vessel as soon as
practicable after sinking.
(i) Trespass on U.S. property. (1) Trespass on or injury to waterway
property of the United States is prohibited. No business, trading,
orlanding of freight, will be allowed on Government property without
permission of the District Engineer.
(2) The District Engineer may establish policy pertaining to
mooring, exchanging crews, loading and unloading supplies, and making
emergency repairs inthe vicinity of locks so long as navigation is not
impeded thereby.
(j) Liability. The regulations of this section will not affect the
liability of the owners and operators of vessels for any damage caused
bytheir operations to the waterway or to the structures therein.
[36 FR 8866, May 14, 1971, as amended at 37 FR 26419, Dec. 12, 1972; 42
FR 57961, Nov. 7, 1977; 48 FR 6707, Feb. 15, 1983; 54 FR 6519, Feb.
13,1989; 56 FR 13765, Apr. 4, 1991]
Sec. 207.185 Taylors Bayou, Tex., Beaumont Navigation District Lock; use, administration, and navigation.
(a) Between March 15 and September 15 each year, pleasure boats,
houseboats, and other craft not employed for commercial purposes, will
be lockedthrough only at 6:00 and 11:45 a.m., and 6:30 p.m., except in
cases of emergency; but whenever a lockage is made for a commercial
boat, other craft maylikewise pass through if there is room in the lock.
At all other times lockages shall be made in accordance with Sec.
207.180.
(b) The lock tender or one in charge of the lock shall be the judge
as to whether the boat presenting itself for lockage is a commercial or
pleasureboat.
[4 FR 1719, Apr. 29, 1939]
Sec. 207.187 Gulf Intracoastal Waterway, Tex.; special floodgate, lock and navigation regulations.
(a) Application. The regulations in this section shall apply to the
operation of the Brazos River Floodgates and the Colorado River Locks at
Mile400.8 and Mile 441.5, respectively, west of Harvey Lock, La., on the
Gulf Intracoastal Waterway, and navigation of the tributary Colorado
River Channel inthe vicinity of said locks.
(b) Definitions. The term current means the velocity of flow of
water in the river. It is expressed in statute miles per hour. The
term``head differential'' means the difference measured in feet between
the water level in the river and that in the waterway when the
floodgatesor lock gates are closed. The term ``Lockmaster'' means the
official in charge of the floodgates or locks.
[[Page 49]]
(c) Operation of floodgates and locks--(1) Unlimited passage. The
floodgates and locks shall be opened for the passage of singlevessels
and towboats with single or multiple barges when the current in the
river is less than 2 miles per hour and the head differential is less
than 0.7foot. When the head differential is less than 0.7, the Colorado
River locks shall normally be operated as floodgates, using only the
riverside gates ofeach lock.
(2) Limited passage. When the current in either river exceeds 2
miles per hour or the head differential at the Brazos River floodgates
is betweenthe limits of 0.7 foot and 1.8 feet, both inclusive, or the
head differential at the Colorado River locks is 0.7 foot or greater,
passage shall be affordedonly for single vessels or towboats with single
loaded barges or two empty barges. When two barges are rigidly assembled
abreast of each other and thecombined width of both together is 55 feet
or less, they shall be considered as one barge. Each section of an
integrated barge shall be considered as onebarge, except when it is
necessary to attach a rake section to a single box section to facilitate
passage, the two sections shall be considered as onebarge. It shall be
the responsibility of the master, pilot or other person in charge of a
vessel to determine whether a safe passage can be effected, givedue
consideration to the vessel's power and maneuverability, and prevailing
current velocity, head differential, weather and visibility. If
conditions arenot favorable, passage shall be delayed until conditions
improve and a safe crossing is assured.
(3) Gate closures. The Brazos River Floodgates shall be closed to
navigation when the head differential exceeds 1.8 feet. The Colorado
RiverLocks shall be closed to navigation when the current in the river
exceeds a critical velocity as determined by the District Engineer, U.S.
Army EngineerDistrict, Galveston, Tex. The Brazos River Floodgates or
the Colorado River Locks shall be closed to navigation when in the
opinion of said DistrictEngineer it is required for the protection of
life and property, or it is to the advantage of the Government to permit
uninterrupted emergency ormaintenance operations, including dredging.
(4) Mooring facilities. Mooring facilities located on both banks of
the Gulf Intracoastal Waterway on the approaches to the floodgates and
locksare for the mooring of vessels when the floodgates or locks are
closed to navigation or tows are limited to single barges. Vessels
awaiting passage shallbe moored parallel to the bank and as close to the
bank as possible. Barges shall be moored fore and aft with two lines,
each to a separate mooringfacility. Beaching of vessels in lieu of
mooring them is prohibited. The mooring facilities are numbered and
vessels making fast to them shall notify theLockmaster giving the number
of each facility being used.
(5) [Reserved]
(6) Communication--(i) Radio. The floodgates and locks are equipped
with short wave radio equipment transmitting and receiving onVHF--FM
Channels 12, 13, 14 and 16. Call letters for the floodgates are WUI 411
and for the locks are WUI 412.
(ii) Telephone. The floodgates and locks are equipped with telephone
facilities. The floodgates may be reached by phoning Freeport, Tx,713-
233-1251; the locks may be reached by phoning Matagorda, Tx, 713-863-
7842.
(7) Arrival posts. Arrival posts 10 feet high and 10 inches in
diameter have been established on the approaches to the locks and
floodgates. Theyare painted with alternate horizontal bands of red and
white 3 inches wide. Arrival at the floodgates or locks shall be
determined as provided in paragraph(d)(4) of Sec. 207.180.
(d) Navigation of the Colorado River Channel--(1) Traffic signals.
(i) Light and sound signals directed both upstream and downstreamon the
Colorado River are mounted on top of a galvanized skeleton steel tower
85 feet high located on the northeast point of land at the Gulf
IntracoastalWaterway crossing of the river. They will be operated from
the control house of the East Lock of the Colorado River Locks to direct
the interchange oftraffic in the Colorado River and the Gulf
Intracoastal Waterway.
(ii) Vessels navigating the Colorado River and desiring passage
either upstream or downstream through the crossing, or into the crossing
and
[[Page 50]]
through a lock into the Gulf Intracoastal Waterway, shall give notice to
the Lockmaster by two long and distinct blasts of a whistle or horn
whenwithin a distance of not more than one-half mile nor less than one-
fourth mile from the Gulf Intracoastal Waterway crossing. When the locks
and thecrossing are clear of vessels, the Lockmaster shall reply by two
long and distinct blasts of a whistle or horn and display a green light
from the signaltower indicating that the vessel in the river may proceed
across the crossing or into the main stem of the Gulf Intracoastal
Waterway either eastbound orwestbound. When there are vessels in the
river crossing or in the locks, the Lockmaster shall reply by four or
more short blasts of a whistle or horn(danger signal) and display a red
light from the signal tower indicating the vessel in the river shall
wait at least a quarter of a mile from the crossingfor clearance. When
the locks and crossing are clear of vessels, the lockmaster shall
indicate to the waiting vessel by two long and distinct blasts of
awhistle or horn and display of a green light from the signal tower
indicating that the vessel may proceed across the crossing or into the
main stem of theGulf Intracoastal Waterway either eastbound or
westbound. During periods when the red light may be obscured by fog,
mist, or rain, an audible signalconsisting of a long blast followed by a
short blast of a whistle or horn, repeated every 30 seconds, shall be
sounded from the signal tower as an adjunctto the red light.
(2) Signs. Large signs with silver reflective background and stop
sign red letters are erected one-fourth mile upstream and downstream
from theGulf Intracoastal Waterway on the Colorado River. The legend
states ``DO NOT PROCEED BEYOND THIS POINT WHEN SIGNAL TOWER LIGHT IS
RED.'' Thesesigns must be obeyed.
Note: The foregoing regulations are supplementary to the regulations
in Sec. 207.180.
[31 FR 15310, Dec. 7, 1966, as amended at 34 FR 15797, Oct. 14, 1969; 48
FR 6707, Feb. 15, 1983]
Sec. 207.200 Mississippi River below mouth of Ohio River, including South and
Southwest Passes; use, administration, and navigation.
(a) Mississippi River bank protection works provided by United
States. Except in case of great emergency, no vessel or craft shall
anchor overrevetted banks of the river, and no floating plant other than
launches and similar small craft shall land against banks protected by
revetment except atregular commercial landings. In all cases, every
precaution to avoid damage to the revetment works shall be exercised.
The construction of log rafts alongmattressed or paved banks or the
tying up and landing of log rafts against such banks shall be performed
in such a manner as to cause no damage to themattress work or bank
paving. Generally, mattress work extends out into the river 600 feet
from the low water line. Information as to the location ofrevetted areas
may be obtained from, and will be published from time to time by, the
District Engineers, Corps of Engineers, New Orleans,
Louisiana,Vicksburg, Mississippi, and Memphis, Tennessee, and the
President, Mississippi River Commission, Vicksburg, Mississippi.
(b) Mississippi River below Baton Rouge, La., including South and
Southwest Passes--(1) Supervision. The use, administration,
andnavigation of the waterways to which this paragraph applies shall be
under the supervision of the District Engineer, Corps of Engineers, New
Orleans,Louisiana.
(2)-(3) [Reserved]
(4) Cable and pipeline crossings. Any cable or pipeline crossing or
extending into the waterways shall be marked by large signs with 12-
inchblack letters on a white background readable from the waterway side,
placed on each side of the river near the point where the cable or
pipeline enters thewater, and at a sufficient height to be readable
above any obstructions normally to be expected at the locality such as
weeds or moored vessels.
(5) Marine accidents. Masters, mates, pilots, owners, or other
persons using the waterway to which this paragraph applies shall notify
theDistrict Engineer by the most expeditious means available of all
marine accidents, such
[[Page 51]]
as fire, collision, sinking, or stranding, where there ispossible
obstruction of the channel or interference with navigation or where
damage to Government property is involved, furnishing a clear statement
as tothe name, address, and ownership of the vessel or vessels involved,
the time and place, and the action taken. In all cases, the owner of the
sunken vesselshall take immediate steps properly to mark the wreck.
[15 FR 3325, May 30, 1950, as amended at 17 FR 6594, July 18, 1952; 27
FR 3166, Apr. 3, 1962; 33 FR 10456, July 23, 1968; 42 FR 51773, Sept.
29,1977; 42 FR 57961, 57962, Nov. 7, 1977]
Sec. 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.
(a) [Reserved]
(b) Locks--(1) Authority of lockmasters. (i) Locks staffed with
Government personnel. The lockmaster shall be charged with theimmediate
control and management of the lock and of the area set aside as the lock
area, including the lock approach channels. He shall insure that
alllaws, rules, and regulations for the use of the lock and lock area
are duly complied with, to which end he is authorized to give all
necessary orders anddirections in accordance therewith both to employees
of the Government and to any and every person within the limits of the
lock or lock area, whethernavigating the lock or not. No one shall cause
any movement of any vessel or other floating thing in the lock or
approaches except by or under thedirection of the lockmaster or his
assistants. For the purpose of the regulations in this section, the
``lock area'' is considered to extendfrom the downstream to the upstream
arrival posts.
(ii) Locks staffed with contract personnel. Contract lock operators
shall give all necessary orders and direction for operation of the
locks. Noone shall cause any movement of any vessel or other floating
object in the locks or approaches except by or under the direction of
the contract lockoperator. All duties and responsibilities of the
lockmasters set forth in this section shall be performed by the contract
lock operator except that theresponsibility for enforcing all laws,
rules and regulations shall be vested in an offsite government employee
designated by the Vicksburg DistrictEngineer.
(2) Sound signals. (i) Vessels desiring passage through a lock in
either direction shall give notice to the lockmaster by one long and one
shortdistinct blast of a horn or whistle when not less than three-
fourths mile from the lock. When carrying dangerous cargo, the signal
will be one long and twoshort blasts of the horn or whistle. When the
lock is ready for entrance, the lockmaster shall reply with one long
blast of a horn or whistle. When thelock is not ready for entrance, the
lockmaster shall reply by four or more short, distinct blasts of a horn
or whistle (danger signal). Permission to leavethe lock shall be
indicated by the lockmaster by one short blast. A distinct blast is
defined as a clearly audible blast of any length. A long blast meansa
blast of from 4 to 6 seconds' duration. A short blast is of about 1
second's duration.
(ii) Vessels that are not equipped with a sound signal desiring
passage through a lock shall give notice to the lockmaster by one long
blast of thehorn located at either end of the lock wall. The horn may be
activated by pulling the properly marked chain or rope hanging from the
horn down to the watersurface. One long blast means a blast of from 4 to
6 seconds' duration.
(3) Visual signals. Signal lights will be displayed outside each
lock gate to supplement the sound signals, as follows:
(i) One green light to indicate that the lock is open to approaching
navigation.
(ii) One red light to indicate that the lock is not open to
approaching navigation. Vessels shall stand clear.
(iii) Navigation over the dam is possible during high water. When
this condition exists, a continuous flashing red light, visible upstream
anddownstream, will be displayed to indicate that traffic will bypass
the lock and pass over the dam on the Ouachita and Black Rivers.
[[Page 52]]
(iv) A navigation pass is not provided as part of the Red River
Locks and Dams. When water levels rise to within 2 feet of the top of
thelock walls, operation of the locks will cease until the water level
falls below this level. These stages can reasonably be expected to occur
once in 10years. No vessel, tow, or raft shall attempt to navigate over
the lock or other structures at high river stages. United States Coast
Guard radiotelephonebroadcasts and U.S. Army Corps of Engineers
navigation bulletins should be monitored for information on lock
operations.
(4) Radiotelephone. Two-way radio equipment is provided at all
locks. The ``Safety and Calling'' channel (Channel 16, frequency of156.8
mhz), will be monitored at all times for initial communication with
vessels. Information transmitted or received in these communications
shall in noway affect the requirements for the use of sound signals or
display of visual signals as provided in paragraphs (b)(2) and (3) of
this section.
(5) Precedence at locks. (i) The vessel arriving first at a lock
will be first to lock through. In the case of vessels approaching the
locksimultaneously from opposite directions, the vessel approaching at
the same elevation as the water in the lock chamber will be locked
through first.Precedence shall be given to vessels belonging to the
United States, passenger vessels, commercial vessels, rafts, and
pleasure craft, in the order named.Arrival posts or markers will be
established ashore above and below the locks. Vessels arriving at or
opposite such posts or markers will be considered ashaving arrived at
the lock within the meaning of this paragraph (b)(5). The lockmaster may
prescribe such departure from the normal order of precedencestated
above, as in his judgment, is warranted under prevailing circumstances
to achieve best lock utilization.
(ii) The lockage of pleasure boats, houseboats, or like craft may be
expedited by locking them through with commercial craft (other than
bargescarrying dangerous cargoes). If, after the arrival of such craft,
no combined lockage can be accomplished within a reasonable time, not to
exceed the timerequired for three other lockages, then separate lockages
shall be made. Dangerous cargoes are described in 46 CFR part 146.
(iii) Vessels, tows, or rafts navigating on the Ouachita and Black
Rivers with overall dimensions greater than 80 feet wide, 600 feet long,
and 9 feetdraft, or tows or rafts requiring breaking into two or more
sections to pass through the lock may transit the lock at such time as
the lockmasterdetermines that they will neither unduly delay the transit
of craft of lesser dimensions, nor endanger the lock structure and
appurtenances because ofwind, current, or other adverse conditions.
These craft are also subject to such special handling requirements as
the lockmaster finds necessary at thetime of transit.
(iv) The maximum dimensions on the Red River Waterway of a vessel
tow attempting to pass through the lock during normal pool stages in a
single passageare 80 feet wide, 705 feet long, and 9 feet draft. Tows
requiring breaking into two or more sections to pass through the lock
may transit the lock at suchtimes as the lockmaster/lock operator
determines that they will neither unduly delay the transit of craft of
lesser dimensions, nor endanger the lockstructure and appurtenances
because of wind, current, or other adverse conditions. These craft are
also subject to such special handling requirements asthe lockmaster/lock
operator finds necessary at the time of transit.
(6) Entrance to an exit from locks. No vessel or raft shall enter or
leave locks before being signaled to do so. While waiting their
turn,vessels or rafts must not obstruct navigation and must remain at a
safe distance from locks. Before entering a lock they shall take
position in the rear ofany vessels or rafts that precede them, and there
arrange the tow for locking in sections if necessary. Masters and pilots
of vessels or persons in chargeof rafts shall cause no undue delay in
entering or leaving locks upon receiving the proper signal. They shall
take such action as will insure that theapproaches are not at any time
unnecessarily obstructed by parts of a tow awaiting lockage or already
passed through. They shall provide sufficient men tomove through locks
[[Page 53]]
promptly without damage to the structures. Vessels or tows shall enter
locks with reasonable promptness after being signaled to doso.
(7) Lockage and passage of vessels. (i) Vessels shall enter and
leave locks under such control as to prevent any damage to the locks,
gates,guide walls, guard walls, and fenders. Vessels shall be provided
with suitable lines and fenders, shall always use fenders to protect the
walls and gates,and when locking at night shall be provided with
suitable lights and use them as directed. Fenders on vessels shall be
water-soaked or otherwise fireproofed before being utilized in the lock
or approaches. Vessels shall not meet or pass each other anywhere
between the guide walls or fender system at theapproaches to locks.
(ii) Vessels which do not have a draft of at least 2 feet less than
the depth over sills, or which have projections liable to damage gates,
walls, orfenders, shall not enter the approaches to or pass through
locks. Information concerning depth over sills may be obtained from the
lockman on duty.
(iii) Vessels having chains, lines, or drags either hanging over the
sides or ends or dragging on the bottom for steering or other purposes
will not bepermitted to pass locks or dams.
(iv) Towing vessels shall accompany all tows or partial tows through
locks.
(v) No vessel whose cargo projects beyond its sides will be admitted
to lockage.
(vi) Vessels in a sinking condition shall not enter locks or
approaches.
(vii) The lockmaster may refuse to lock vessels which in his
judgment fail to comply with the regulations in this paragraph.
(viii) This section shall not affect the liability of the owners and
operators of boats for any damage caused by their operations to locks or
otherstructures.
(8) Number of lockages. Tows or rafts locking in sections will
generally be allowed only two consecutive lockages if individual vessels
arewaiting for lockage, but may be allowed more in special cases. If
tows or rafts are waiting above and below a lock for lockage, sections
will be lockedboth ways alternately whenever practicable. When two or
more tows or rafts are waiting lockage in the same direction, no part of
one shall pass the lockuntil the whole of the one preceding it shall
have passed.
(9) Mooring. (i) Vessels and rafts when in a lock shall be moored
where directed by the lockmaster by bow, stern, and spring lines to the
bittsprovided for that purpose and lines shall not be let go until the
signal is given for the vessel or raft to leave. Tying to the lock
ladders is prohibited.
(ii) The mooring of vessels or rafts near the approaches to locks
except while waiting for lockage, or at other places in the pools where
such mooringinterfers with general navigation, is prohibited.
(10) Operating locks. The lock gates, valves, and accessories will
be moved only under the direction of the lockmaster; but, if required,
allvessels and rafts using the locks shall furnish ample help on the
lock walls for handling lines under the direction of the lockmaster.
(c) Trespass on U.S. property. Trespass on lock grounds or other
waterway property or injury to the banks, lock entrances, locks, cribs,
dams,piers, fences, trees, buildings, or any other property of the
United States pertaining to the waterway is strictly prohibited. No
landing of freight,passengers, or baggage will be allowed on or over
Government piers, lock walls, guide or guard walls, except by permission
of the lockmaster. No personexcept employees of the United States or
persons assisting with the locking operations under the direction of the
lockmaster will be allowed on the dam,lock walls, guide walls, guard
walls, abutments, or appurtenant structures.
(d) Vessels to carry regulations. A copy of the regulations in this
section shall be kept at all times on board each vessel regularly
navigatingthe waterways to which the regulations in this section apply.
Copies may be obtained free of charge at any of the locks or from the
Vicksburg DistrictEngineer, Vicksburg, Mississippi, upon request.
[37 FR 14778, July 25, 1972, as amended at 52 FR 18235, May 14, 1987; 52
FR 34775, Sept. 15, 1987; 56 FR 13765, Apr. 4, 1991; 63 FR 24428, May
4,1998]
[[Page 54]]
Sec. 207.260 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at Kleinston Landing to Fisher Street; navigation.
(a) Signals. Vessels navigating the canal will be governed by the
Pilot Rules for Western Rivers (rivers emptying into the Gulf of Mexico
andtheir tributaries) prescribed by the U.S. Coast Guard. (See part 95
of this title.) \1\
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\1\ Part 95 was removed by CGD 82-029, 47 FR 19519, May 6, 1982.
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(b) Rafts. Rafts will be permitted to navigate the canal only if
properly and securely assembled. Each section of a raft shall be so
securedwithin itself as to prevent the sinking of any log, and so
fastened with chains or wire rope that it cannot be separated or bag out
or materially changeits shape. All logs, chains, and other means used in
assembling rafts shall be in good condition and of ample size and
strength to accomplish theirpurpose. No section of a raft will be
permitted to be towed unless the logs float sufficiently high in the
water to make it evident that the section willnot sink en route. Rafts
shall not be of greater dimensions than 50 feet wide by 600 feet long,
and if longer than 300 feet they shall be handled by twotugs; and in all
cases they must be handled by sufficient tug power to make headway and
guide the raft so as to give half the channel to passing vessels.
(c) Mooring. At stages below 20 feet on the Vicksburg Gage, no
vessel or raft shall be moored along the west bank of the canal between
pointsLatitude 32[deg]21[min]16[sec], Longitude 90[deg]53[min]05[sec]
and Latitude 32[deg]20[min]55[sec], Longitude 90[deg]53[min]18[sec],
which isapproximately 1200 feet above and 1200 feet below the public
boat launch (foot of Clay Street) at Vicksburg City Front. No vessel or
raft shall be mooredalong the west bank of the canal at any stage from
the mouth of the Yazoo Diversion Canal where it enters into the
Mississippi River to Latitude32[deg]20[min]21[sec], Longitude
90[deg]53[min]44[sec], which is approximately 1200 feet from the mouth
of the canal. No vessel or raft shall bemoored along the east bank of
the canal at any stage from the mouth of the Yazoo Diversion Canal where
it enters into the Mississippi River to Latitude32[deg]20[min]12[sec],
Longitude 90[deg]53[min]41[sec], which is approximately 750 feet from
the mouth of the canal. When tied up, boats, barges, orrafts shall be
moored by bow and stern lines parallel to the bank and as close in as
practicable. Lines shall be secured at sufficiently close intervals
toinsure the vessel or raft will not be drawn away from the bank by
winds, current, or other passing vessels. No vessel or raft shall be
moored along thebanks of the canal for a period longer than five (5)
calendar days without written permission from the District Engineer,
Corps of Engineers, VicksburgDistrict Office, 4155 E. Clay St.,
Vicksburg, Mississippi 39180-3435.
(d) [Reserved]
(e) Refuse in canal. No person shall roll or throw any stones,
ashes, cinders, barrels, logs, log butts, sawdust, shavings, refuse, or
any othermaterial into the canal or the approach thereto, or place any
such material on the bank or berm so that it is liable to be rolled,
thrown, or washed intothe canal.
(f) Preservation of works of improvement. Masters and pilots of all
craft using the canal shall avoid damaging any revetment, dike,
floodwall, orother work of improvement placed in or adjacent to the
canal. They shall not disturb any gages or marks set as aids to
navigation in the canal orapproaches thereto.
(g) Fairway. A clear channel not less than 175 feet wide as
established by the District Engineer shall be left open at all times to
permit freeand unobstructed navigation by all types of vessels.
[13 FR 9562, Dec. 31, 1948; 42 FR 57962, Nov. 7, 1977, as amended at 63
FR 24428, May 4, 1998]
Sec. 207.270 Tallahatchie River, Miss., between Batesville and the mouth; logging.
(a) The floating of ``sack'', rafts, or of loose timbers, logs, or
cribs is prohibited.
(b) Rafts shall be made up of logs parallel with each other,
secured, and held closely together by cross sticks, chains, or cables
placed across eachcrib and at the joints between cribs. No raft shall be
over 60 feet wide or 800 feet long.
[[Page 55]]
(c) In rafting nonbuoyant timber each crib must contain self-buoyant
logs in such proportion of ``floaters'' to ``sinkers''as will safely
float the whole; and in assembling such cribs, extra strong connections
must be used to prevent the breaking up of a crib or the detachmentof
individual logs.
(d) No raft shall be moved at river stages less than that
corresponding to a reading of 3\4/10\ feet on the U.S. Weather Bureau
gage at Greenwood,Miss.
(e) A raft in transit must be accompanied by sufficient men, or by
power boats of sufficient capacity to properly manage the movement of
the raft andto keep it from being an obstruction to other craft
navigating the river, or from forming jams at bridges.
(f) Rafts in transit must be so floated, and when not in transit be
so tied to the bank, as not to interfere with the passage of boats.
(g) When rafts are left with no one in attendance they must be
securely tied at each end and at as many intermediate points as will
prevent them frombagging into the stream. When left at night a white
light shall be exposed at each end of the raft.
(h) This section shall apply to the portion of the Tallahatchie
River, Miss., between Batesville, Panola County, Miss., and the mouth.
[Regs. Feb. 18, 1918, as amended at 25 FR 8908, Sept. 16, 1960]
Sec. 207.275 McClellan-Kerr Arkansas River navigation system: use, administration, and navigation.
(a) Applicability of regulations. These regulations apply to all
locks and appurtenant structures, wharves, and other Corps of
Engineersstructures in the following waterways: The White River between
Mississippi River and Arkansas Post Canal, Arkansas; Arkansas Post
Canal, Arkansas; ArkansasRiver between Dam No. 2, Arkansas, and
Verdigris River, Oklahoma; Verdigris River between Arkansas River and
Catoosa, Oklahoma; and reservoirs on thesewaterways between Mississippi
River, Arkansas, and Catoosa, Oklahoma.
(b) Authority of district engineers. The use, administration, and
navigation of the structures to which this section applies shall be
under thedirection of the officers of the Army Corps of Engineers,
detailed in charge of the respective districts, and their authorized
assistants. The cities inwhich these district engineers are located, and
the limits of their jurisdictions, are as follows:
(1) District Engineer, U.S. Army Engineer District, Little Rock,
Arkansas. From Mississippi River, Arkansas, to Arkansas-Oklahoma State
line atFort Smith, Arkansas.
(2) District Engineer, U.S. Army Engineer District, Tulsa, Oklahoma.
From Arkansas-Oklahoma State line at Fort Smith, Arkansas, to
Catoosa,Oklahoma.
(c) Authority of lockmasters. The lockmaster shall be charge with
the immediate control and management of the lock and of the area set
aside asthe lock area. The lockmaster shall ensure that all laws, rules,
and regulations for the use of the lock and lock area are duly complied
with, to which endhe/she is authorized to give all necessary orders and
directions both to employees of the Government and to any person within
the limits of the lock area,whether navigating the lock or not. No one
shall cause any movement of any vessel or other floating thing in the
lock area except by or under the directionof the lockmaster. Failure to
comply with directions given by the lockmaster pursuant to the
regulations in this section may result in refusal of lockage.For the
purpose of the regulations in this section, the ``lock area'' is
considered to be between the upstream and downstream arrival points.The
district engineer may extend the limits of the lock area consistent with
the safe and efficient use of the waterway.
(d) Precedence at locks. (1) Precedence shall be given to vessels
owned by the United States, licensed commercial passenger vessels
operating ona published schedule or regularly operating in the ``for
hire'' trade, commercial tows, rafts, and pleasure craft, in the order
named.Precedence being equal, the first vessel to arrive at a lock will
normally be the first to lock through; however, the lockmaster may
depart
[[Page 56]]
from thisprocedure to achieve optimum utilization of the lock or in
accordance with the order of precedence stated above and in paragraphs
(d)(2) and (h) of thissection. Arrival points have been established
ashore upstream and downstream of the locks. Vessels arriving at these
markers or the mooring cellsimmediately upstream and downstream of the
lock will be considered as having arrived at the lock within the meaning
of this subparagraph.
(2) Vessels or tows, with overall dimensions greater than 105 feet
wide or 595 feet long may transit the lock at such time as the
lockmaster determinesthat they will neither unduly delay the transit of
craft of lesser dimensions, nor endanger the lock structure and
appurtenances because of wind, current,or other adverse conditions.
These craft are also subject to such special handling requirements as
the lockmaster deems necessary at the time of transit.
(e) Safety rules for vessels using navigation locks. (1) Leaking
vessels may be excluded from the locks.
(2) Smoking, open flames, and activities capable of producing a
flammable atmosphere such as painting will not be permitted in the lock
chamber.
(3) All deckhands handling lines during locking procedures shall
wear a personal flotation device.
(f) Dangerous cargo barges. The following rules are prescribed for
all tows containing dangerous cargoes as defined in Title 46, Code of
FederalRegulations. These rules are applicable to both loaded barges and
empty barges.
(1) All hatches on barges used to transport dangerous cargoes shall
be closed before the tow enters the lock area.
(2) Prior to entering the lock area, towboat pilots shall furnish
the name of product, the source of shipment, the company which made the
shipment, andthe consignee. If a towboat is not equipped with a radio or
its radio is out of service, pilots shall furnish this information to
the lockmaster while thetow is in the lock chamber. The shipping papers
required by Title 46, Code of Federal Regulations, shall be available
for review by the lockmaster. Lockageshall be refused when this
information is not furnished to the lockmaster.
(3) Fenders shall be water-soaked or otherwise spark proofed.
(4) Smoking, open flames, chipping, or other spark producing
activity are prohibited in the ``lock area.''
(5) Simultaneous lockage of other vessels with vessels carrying
dangerous cargoes or containing flammable vapors shall normally not be
permitted. ifsignificant delays are occurring at a lock, such
simultaneous lockages, except with pleasure craft, may be permitted by
the lockmaster, when he/shedetermines such action safe and appropriate,
provided:
(i) The first vessel entering or the last vessel exiting shall be
secured before the other enters or leaves.
(ii) All masters involved have agreed to the joint use of the lock.
(g) General locking procedures. (1) In case two or more boats or
tows are to enter for the same lockage, their order of entry and exit
shall bedetermined by the lockmaster.
(2) Tows entering a lock shall come to a complete stop at a point
designated by the district engineer before proceeding to the mooring
position.
(3) When entering or exiting locks, tow speeds shall not exceed 200
feet per minute (rate of slow walk) or the rate of travel whereby the
tow can bestopped by checking should mechanical difficulties develop.
When navigating over Norrell Dam during high water, vessels shall reduce
speed to the minimumnecessary to maintain steerageway. Pilots should
check with the individual lockmasters concerning prevailing conditions.
It is also recommended that pilotscheck their ability to reverse their
engines prior to beginning an approach. Towboat engines shall not be
turned off in the lock unless authorized bylockmaster.
(4) The sides and ends of all vessels passing through any lock shall
be free from protrusions of any kind which might damage the lock
structure.
(5) All vessels shall be provided with suitable fenders. When
entering and exiting locks, one deckhand, or more if the lockmaster so
directs, shall bestationed at the bow and stern of tows. These deckhands
shall maintain their
[[Page 57]]
stations while tows are moving adjacent to any part of a lock. They
shallprotect the lock walls by the use of hand-held fenders. In all
cases, two deckhands shall be stationed at the bows of tows 100 feet
wide or wider whenentering locks. They shall remain at their stations
until the bows of such tows pass the recessed miter gates.
(6) Masters and pilots must use every precaution to prevent
unnecessary delay in entering or leaving locks. Vessels failing to enter
locks withreasonable promptness when signaled to do so shall lose their
turn. Rearranging or switching of barges in the locks or in approaches
is prohibited unlessapproved or directed by the lockmaster.
(7) No vessel shall enter a lock unless its draft is at least two
feet less than the least depth of water over the sills. Information
concerningcontrolling depth over sills can be obtained from the
lockmaster at each lock or by inquiry at the office of the district
engineer of the district in whichthe lock is located.
(8) Vessels awaiting their turn to lock shall be positioned so that
they will not interfere with vessels leaving the lock. However, to the
extentpracticable under the prevailing conditions, vessels and tows
shall be positioned so as to minimize approach time.
(9) Number of lockages. (i) Tows or rafts locking in sections will
generally be allowed only two consecutive lockages if other vessels
arewaiting lockage, but may be allowed more in special cases. No part of
a tow shall pass a lock until the whole of the one preceding it shall
have passed.The lockmaster may prescribe a departure from the normal
order of precedence to achieve the best lock utilization.
(ii) One deckhand, or more if the lockmaster so directs, shall tend
the lines at the bow and stern of each section of a tow that transits a
lock ormoors to the river walls.
(10) Vessels shall enter and leave locks under such control as to
prevent any damage to the walls and gates.
(11) Placing or discharging refuse of any description into the lock,
on the lock walls, on the esplanade, or on any other government property
isprohibited.
(h) Lockage of pleasure craft. In order to fully utilize the
capacity of the lock, lockmasters may expedite the lockage of pleasure
craft bylocking them through with commercial vessels, except vessels
carrying volatile cargoes or other substances likely to emit toxic,
flammable, or explosivevapors. If the lockage of pleasure craft cannot
be accomplished within the time required for three single lockages, a
separate lockage of pleasure craftshall be made. Pleasure craft
operators are advised that the locks have a pull chain located at the
end of each river wall which signals the lockmasterthat lockage is
desired.
(i) Locking rafts and floating dredge discharge line. While awaiting
lockage, rafts and tows containing floating dredge discharge line shall
notobstruct the lock approaches. They shall be properly and securely
assembled to assure adequate control while entering and exiting locks.
The passage ofloose logs through a lock is prohibited. Lockage will be
refused to rafts unless the logs float sufficiently high to make it
evident that the raft will notsink.
(j) Mooring--(1) At locks. (i) When in the locks, all vessels shall
be moored as directed by the lockmaster. Vessels shall be mooredwith bow
and stern lines leading in opposite directions to prevent the vessel
from ``running'' in the lock. All vessels will have oneadditional line
available on the head of the tow for emergency use. The pilot of a
vessel shall remain at his station in the pilot house and the
deckhandsshall stand by the mooring lines during the entire locking
procedure. When the vessel is securely moored, the pilot shall not cause
movement of thepropeller except in an emergency or unless directed by
the lockmaster. Tying to lock ladders is strictly prohibited.
(ii) Mooring of any vessel will not be permitted at or between the
arrival points without permission of the lockmaster.
(2) Outside of locks. (i) Vessels over 40 feet in length shall not
land or anchor against revetted banks without written permission of
thedistrict engineer, except in case of emergency. When an emergency
landing is necessary, adjacent locks shall be notified. In all
[[Page 58]]
cases, everyprecaution to avoid damage to the revetment works shall be
exercised. The construction of log rafts along mattressed or paved banks
or the tying up andlanding of log rafts against such banks require the
permission of the district engineer.
(ii) Government mooring facilities at the junction of main stem and
secondary channels are to provide temporary mooring for tows awaiting
transfer ofbarges to or from ports, docks, or fleeting areas located on
the secondary channels. These facilities shall not be used for storage
of barges or fleetingactivities. The maximum permissible time of mooring
at the facilities shall be determined by the district engineer.
(k) Locking signals. Vessels must approach the locks with caution
and not enter or leave the locks until signaled to do so by the
lockmaster.
(1) Signal by radio. Requests for lockage by radio will be the
primary signal for vessels equipped with VHF-FM radios operating in the
FCCauthorized Maritime Band. District engineers will advise all known
interested parties of the channels available for use in communicating
with the locks.Pilots of commercial tows should contact the locks at
least one-half hour before arrival in order that they may be informed of
current river and trafficconditions that may affect the safe passage of
their tows.
(2) Sound signals. In addition to radio communication, the following
sound signals are prescribed for use during lockage. Sound signals given
byvessels and locks shall be given by means of a horn. The term
prolonged blast means a blast of from four to six second's duration. The
term short blastmeans a blast of about one second's duration.
(i) Vessels desiring a single lockage shall give notice to the
lockmaster by one prolonged blast of the horn followed by one short
blast. If a doublelockage is required, vessels shall give one prolonged
blast of the horn followed by two short blasts. These signals are not
required from pleasure craftnot equipped with horns. Locking procedures
for pleasure craft are prescribed in paragraph (h).
(ii) When the lock is ready for entrance, the lockmaster shall give
one prolonged blast of the horn to signal permission to enter the lock
chamber.
(iii) The lockmaster shall give permission to leave the lock chamber
by one short blast of the horn.
(iv) Five or more short and rapid blasts of the lock horn will be
used as a means of attracting attention, to indicate caution, or to
signal danger.This signal will be used to attract the attention of the
masters and crews of vessels using the lock or navigating in the lock
area and to indicate thatsomething unusual involving danger or requiring
special caution is happening or is about to happen. When this signal is
given by the lockmaster, themasters and crews of vessels in the vicinity
shall immediately become alert to determine the reason for the signal
and shall take the necessary steps tocope with the situation.
(3) Visual signals. Signal lights are displayed outside each lock
gate to supplement the radio and sound signals. Vessels will be governed
asfollows:
(i) One flashing green light to indicate that the lock is open to
approaching navigation.
(ii) One flashing red light to indicate that the lock is not open to
approaching navigation. Vessels shall stand clear.
(iii) Flashing amber and green lights to indicate that one or both
lock gates can not be fully recessed or other unusual conditions exist.
Vessels canenter the lock with caution.
(iv) In the absence of any of the above visual signals, pilots shall
signal for lockage by radio or horn and wait for the lockmaster to
acknowledgetheir signal.
(l) Navigation lights on locks and dams. (1) The following
navigation lights will be displayed at all locks except Norrell Lock and
Lock No. 2during hours of darkness and heavy fog.
(i) Three green lights visible through an arc of 360 degrees
arranged in a vertical line on the end of the upstream river wall.
(ii) Two green lights visible through an arc of 360 degrees arranged
in a vertical line on the end of the downstream river wall.
[[Page 59]]
(iii) A single red light visible through an arc of 360 degrees on
the ends of the upstream and downstream land walls.
(2) The following navigation lights will be displayed at Lock No. 2
during hours of darkness and heavy fog. They shall also be displayed at
NorrellLock during hours of darkness and heavy fog except when
navigation is passing over the dam.
(i) Three green lights visible through an arc of 360 degrees
arranged in a vertical line on the end of the upstream river wall.
(ii) Two green lights visible through an arc of 360 degrees arranged
in a vertical line on the end of the downstream river wall.
(iii) A single red light visible through an arc of 360 degrees on
the dolphin located furthest upstream in line with the land wall and on
the dolphinlocated furthest downstream in line with the land wall.
(3) The following navigation lights will be displayed at Norrell
Lock and Dam during hours of darkness and heavy fog when navigation is
passing overthe dam. During daylight hours a yellow and black disc will
be displayed on each end (upstream and downstream) of the river wall to
signal navigation overthe dam.
(i) Three red lights visible through an arc of 360 degrees arranged
in a vertical line on the end of the upstream river wall.
(ii) Two red lights visible through an arc of 360 degrees arranged
in a vertical line on the end of the downstream river wall.
(iii) A single red light visible through an arc of 360 degrees on
the dolphin located furthest upstream in line with the land wall and on
the dolphinlocated furthest downstream in line with the land wall.
(iv) A single, flashing blue light visible through an arc of 360
degrees located on the end of the dam opposite the lock.
(m) Restricted areas at locks and dams. All waters immediately above
and below each dam, as posted by the respective district engineers,
arehereby designated as restricted areas. No vessel or other floating
craft shall enter any such restricted area without permission of the
lockmaster. Thelimits of the restricted areas at each dam will be
determined by the responsible district engineer and marked by signs
installed in conspicuous andappropriate locations.
(n) Trespass on lock and dam property. (1) Trespass on locks or dams
or other United States property pertaining to the locks or dams is
strictlyprohibited except in those areas specifically permitted by the
lockmaster. Any person committing a willful injury to any United States
property orpersonnel will be prosecuted.
(2) No fishing will be permitted from the lock or dam structures.
(3) No one but employees of the United States shall move any lock
machinery unless directed by the lockmaster. Tampering or meddling with
the machineryor other parts of the lock is strictly forbidden.
(o) Repair and construction of navigation structures. To avoid
damage to plant and structures connected with the construction or repair
of locksand dams, vessels passing structures in the process of
construction or repair shall reduce their speed and navigate with
special caution while in thevicinity of such work.
(p) Reporting the navigation incidents. In furtherance of
maintaining navigation safety the following rules are prescribed for all
navigationinterests:
(1) Any incident resulting in uncontrolled barges shall immediately
be reported to the nearest lock and the appropriate U.S. Coast Guard
Office. Thereport shall include information as to the number of loose
barges, their cargo, and the time and location where they broke loose.
The lockmaster shall bekept informed of the progress being made in
bringing the barges under control so that he/she can initiate whatever
actions may be warranted.
(2) Masters, owners, or other persons using the waterways to which
the regulations in this section apply shall report to the nearest
lockmaster or thedistrict engineer by the most expeditious means
available all marine accidents; such as fire, collision, sinking, or
grounding, where there is possibleobstruction of the channel or
interference with navigation; furnishing a clear statement as to the
name, address, and ownership of the vessel or
[[Page 60]]
vessels involved; the time and place; and the action taken. In all
cases, the owner of a sunken vessel shall take immediate steps to mark
the wreckproperly.
(i) Sunken or sinking barges shall be reported to the nearest lock
both downstream and upstream of the location in order that traffic
passing thosepoints may be advised of the hazards. The appropriate U.S.
Coast Guard Office shall also be notified.
(ii) Whenever it is necessary to report an incident involving
uncontrolled, sunken or sinking barges, the cargo in the barges shall be
preciselyidentified.
(iii) The owners or masters of vessels sunk in the navigable waters
of the United States shall provide the appropriate district engineer
with a copy ofthe sunken vessel report furnished to the appropriate U.S.
Coast Guard Marine Inspection Office.
(q) [Reserved]
(r) Liability for damage. This section shall not affect the
liability of the owners and operators of vessels for any damage caused
by theiroperations. Should any Government property be damaged as the
result of the operation of a vessel, the master of the vessel shall
report the accident to thenearest lockmaster or the appropriate district
engineer.
(s) Persistent violation of regulations. If the owner or operator of
any vessel persistently violates the regulations of this section or
anyorders given in pursuance thereof, after due notice of same, lockage
may be refused by the district engineer. The lockmaster may refuse
lockage if deemednecessary to protect government property in the
vicinity of the lock.
(t) Vessels to carry regulations. A copy of these regulations shall
be kept at all times on board each commercial vessel engaged in
navigatingthe waterway. Copies may be obtained from any lock or district
engineer's office on request. Masters of such vessels are also required
to have on boardcurrent copies of the navigation charts and applicable
Notices to Navigation Interest.
[51 FR 30639, Aug. 28, 1986, as amended at 56 FR 13765, Apr. 4, 1991]
Sec. 207.300 Ohio River, Mississippi River above Cairo, Ill., and their
tributaries; use, administration, and navigation.
(a) Authority of lockmasters--(1) Locks staffed with Government
personnel. The provisions of this paragraph apply to all waterways
inthis section except for Cordell Hull Lock located at Mile 313.5 on the
Cumberland River in Tennessee. The lockmaster shall be charged with the
immediatecontrol and management of the lock, and of the area set aside
as the lock area, including the lock approach channels. He/she shall see
that all laws,rules, and regulations for the use of the lock and lock
area are duly complied with, to which end he/she is authorized to give
all necessary orders anddirections in accordance therewith, both to
employees of the government and to any and every person within the
limits of the lock and lock area, whethernavigating the lock or not. No
one shall cause any movement of any vessel, boat, or other floating
thing in the lock or approaches except by or under thedirection of the
lockmaster or his/her assistants. In the event of an emergency, the
lockmaster may depart from these regulations as he deems necessary.The
lockmasters shall also be charged with the control and management of
federally constructed mooring facilities.
(2) Locks staffed with contract personnel. The provisions of this
paragraph apply to Cordell Hull Lock located at Mile 313.5 on the
CumberlandRiver in Tennessee. Contract personnel shall give all
necessary orders and directions for operation of the lock. No one shall
cause any movement of anyvessel, boat or other floating thing in the
locks or approaches except by or under the direction of the contract
lock operator. All duties andresponsibilities of the lockmaster set
forth in this section shall be performed by the contract lock operator
except that responsibility for enforcing alllaws, rules, and regulations
shall be vested in a government employee designated by the Nashville
District Engineer. The district engineer will notifywaterway users and
the general public through appropriate notices and media concerning the
location and identity of the designated government employee.
[[Page 61]]
(b) Safety rules for vessels using navigation locks. The following
safety rules are hereby prescribed for vessels in the locking
process,including the act of approaching or departing a lock:
(1) Tows with flammable or hazardous cargo barges, loaded or empty.
(i) Stripping barges or transferring cargo is prohibited.
(ii) All hatches on barges used to transport flammable or hazardous
materials shall be closed and latched, except those barges carrying a
gas-freecertificate.
(iii) Spark-proof protective rubbing fenders (``possums'') shall be
used.
(2) All vessels. (i) Leaking vessels may be excluded from locks
until they have been repaired to the satisfaction of the lockmaster.
(ii) Smoking, open flames, and chipping or other spark-producing
activities are prohibited on deck during the locking cycle.
(iii) Painting will not be permitted in the lock chamber during the
locking cycle.
(iv) Tow speeds shall be reduced to a rate of travel such that the
tow can be stopped by checking should mechanical difficulties develop.
Pilots shouldcheck with the individual lockmasters concerning prevailing
conditions. It is also recommended that pilots check their ability to
reverse their enginesprior to beginning an approach. Engines shall not
be turned off in the lock until the tow has stopped and been made fast.
(v) U.S. Coast Guard regulations require all vessels to have on
board life saving devices for prevention of drowning. All crew members
of vesselsrequired to carry work vests (life jackets) shall wear them
during a lockage, except those persons in an area enclosed with a
handrail or other devicewhich would reasonably preclude the possibility
of falling overboard. All deckhands handling lines during locking
procedure shall wear a life jacket.Vessels not required by Coast Guard
regulations to have work vests aboard shall have at least the prescribed
life saving devices, located for ready accessand use if needed. The
lockmaster may refuse lockage to any vessel which fails to conform to
the above.
(c) Reporting of navigation incidents. In furtherance of increased
safety on waterways the following safety rules are hereby prescribed for
allnavigation interests:
(1) Any incident resulting in uncontrolled barges shall immediately
be reported to the nearest lock. The report shall include information as
to thenumber of loose barges, their cargo, and the time and location
where they broke loose. The lockmaster or locks shall be kept informed
of the progress beingmade in bringing the barges under control so that
he can initiate whatever actions may be warranted.
(2) Whenever barges are temporarily moored at other than commercial
terminals or established fleeting areas, and their breaking away could
endanger alock, the nearest lock shall be so notified, preferably the
downstream lock.
(3) Sunken or sinking barges shall be reported to the nearest lock
both downstream and upstream of the location in order that other traffic
passingthose points may be advised of the hazards.
(4) In the event of an oil spill, notify the nearest lock
downstream, specifying the time and location of the incident, type of
oil, amount of spill,and what recovery or controlling measures are being
employed.
(5) Any other activity on the waterways that could conceivably
endanger navigation or a navigation structure shall be reported to the
nearest lock.
(6) Whenever it is necessary to report an incident involving
uncontrolled, sunken or sinking barges, the cargo in the barges shall be
accuratelyidentified.
(d) Precedence at locks. (1) The vessel arriving first at a lock
shall normally be first to lock through, but precedence shall be given
tovessels belonging to the United States. Licensed commercial passenger
vessels operating on a published schedule or regularly operating in the
``forhire'' trade shall have precedence over cargo tows and like craft.
Commercial cargo tows shall have precedence over recreational craft,
except asdescribed in paragraph (f) of this section.
(2) Arrival posts or markers may be established ashore above and/or
below
[[Page 62]]
the locks. Vessels arriving at or opposite such posts or markers will
beconsidered as having arrived at the locks within the meaning of this
paragraph. Precedence may be established visually or by radio
communication. Thelockmaster may prescribe such departure from the
normal order of precedence as in his judgment is warranted to achieve
best lock utilization.
(e) Unnecessary delay at locks. Masters and pilots must use every
precaution to prevent unnecessary delay in entering or leaving locks.
Vesselsfailing to enter locks with reasonable promptness when signalled
to do so shall lose their turn. Rearranging or switching of barges in
the locks or inapproaches is prohibited unless approved or directed by
the lockmaster. This is not meant to curtail ``jackknifing'' or set-
overs wherenormally practiced.
(f) Lockage of recreational craft. In order to fully utilize the
capacity of the lock, the lockage of recreational craft shall be
expedited bylocking them through with commercial craft: Provided, That
both parties agree to joint use of the chamber. When recreational craft
are lockedsimultaneously with commercial tows, the lockmaster will
direct, whenever practicable, that the recreational craft enter the lock
and depart while the towis secured in the lock. Recreational craft will
not be locked through with vessels carrying volatile cargoes or other
substances likely to emit toxic orexplosive vapors. If the lockage of
recreational craft cannot be accomplished within the time required for
three other lockages, a separate lockage ofrecreational craft shall be
made. Recreational craft operators are advised that many locks have a
pull chain located at each end of the lock which signalsthe lockmaster
that lockage is desired. Furthermore, many Mississippi River locks
utilize a strobe light at the lock to signal recreational type
vesselsthat the lock is ready for entry. Such lights are used
exclusively to signal recreational craft.
(g) Simultaneous lockage of tows with dangerous cargoes.
Simultaneous lockage of other tows with tows carrying dangerous cargoes
or containingflammable vapors normally will only be permitted when there
is agreement between the lockmaster and both vessel masters that the
simultaneous lockage canbe executed safely. He shall make a separate
decision each time such action seems safe and appropriate, provided:
(1) The first vessel or tow in and the last vessel or tow out are
secured before the other enters or leaves.
(2) Any vessel or tow carrying dangerous cargoes is not leaking.
(3) All masters involved have agreed to the joint use of the lock
chamber.
(h) Stations while awaiting a lockage. Vessels awaiting their turn
to lock shall remain sufficiently clear of the structure to allow
unobstructeddeparture for the vessel leaving the lock. However, to the
extent practicable under the prevailing conditions, vessels and tows
shall position themselvesso as to minimize approach time when signaled
to do so.
(i) Stations while awaiting access through navigable pass. When
navigable dams are up or are in the process of being raised or lowered,
vesselsdesiring to use the pass shall wait outside the limits of the
approach points unless authorized otherwise by the lockmaster.
(j) Signals. Signals from vessels shall ordinarily be by whistle;
signals from locks to vessels shall be by whistle, another sound device,
orvisual means. when a whistle is used, long blasts of the whistle shall
not exceed 10 seconds and short blasts of the whistle shall not exceed 3
seconds.Where a lock is not provided with a sound or visual signal
installation, the lockmaster will indicate by voice or by the wave of a
hand when the vessel mayenter or leave the lock. Vessels must approach
the locks with caution and shall not enter nor leave the lock until
signaled to do so by the lockmaster. Thefollowing lockage signals are
prescribed:
(1) Sound signals by means of a whistle. These signals apply at
either a single lock or twin locks.
(i) Vessels desiring lockage shall on approaching a lock give the
following signals at a distance of not more than one mile from the lock;
(a) If a single lockage only is required: One long blast of the
whistle followed by one short blast.
[[Page 63]]
(b) If a double lockage is required: One long blast of the whistle
followed by two short blasts.
(ii) When the lock is ready for entrance, the lock will give the
following signals:
(a) One long blast of the whistle indicates permission to enter the
lock chamber in the case of a single lock or to enter the landward
chamber inthe case of twin locks.
(b) Two long blasts of the whistle indicates permission to enter the
riverward chamber in the case of twin locks.
(iii) Permission to leave the locks will be indicated by the
following signals given by the lock:
(a) One short blast of the whistle indicates permission to leave the
lock chamber in the case of a single lock or to leave the landward
chamberin the case of twin locks.
(b) Two short blasts of the whistle indicates permission to leave
the riverward chamber in the case of twin locks.
(iv) Four or more short blasts of the lock whistle delivered in
rapid succession will be used as a means of attracting attention, to
indicate caution,and to signal danger. This signal will be used to
attract the attention of the captain and crews of vessels using or
approaching the lock or navigating inits vicinity and to indicate that
something unusual involving danger or requiring special caution is
happening or is about to take place. When this signalis given by the
lock, the captains and crews of vessels in the vicinity shall
immediately become on the alert to determine the reason for the signal
andshall take the necessary steps to cope with the situation.
(2) Lock signal lights. At locks where density of traffic or other
local conditions make it advisable, the sound signals from the lock will
besupplemented by signal lights. Flashing lights (showing a one-second
flash followed by a two-second eclipse) will be located on or near each
end of theland wall to control use of a single lock or of the landward
lock of double locks. In addition, at double locks, interrupted flashing
lights (showing aone-second flash, a one-second eclipse and a one-second
flash, followed by a three-second eclipse) will be located on or near
each end of the intermediatewall to control use of the riverward lock.
Navigation will be governed as follows:
(i) Red light. Lock cannot be made ready immediately. Vessel shall
stand clear.
(ii) Amber light. Lock is being made ready. Vessel may approach but
under full control.
(iii) Green light. Lock is ready for entrance.
(iv) Green and amber. Lock is ready for entrance but gates cannot be
recessed completely. Vessel may enter under full control and with
extremecaution.
(3) Radio communications. VHF-FM radios, operating in the FCC
authorized Maritime Band, have been installed at all operational locks
(exceptthose on the Kentucky River and Lock 3, Green River). Radio
contact may be made by any vessel desiring passage. Commercial tows are
especially requested tomake contact at least one half hour before
arrival in order that the pilot may be informed of current river and
traffic conditions that may affect the safepassage of his tow.
(4) All locks monitor 156.8 MHz (Ch. 16) and 156.65 MHz (Ch. 13) and
can work 156.65 MHz (Ch. 13) and 156.7 MHz (Ch. 14) Ch. 16 is the
authorized call,reply and distress frequency, and locks are not
permitted to work on this frequency except in an emergency involving the
risk of immediate loss of life orproperty. Vessels may call and work Ch.
13, without switching, but are cautioned that vessel to lock traffic
must not interrupt or delay Bridge to Bridgetraffic which has priority
at all times.
(k) Rafts. Rafts to be locked through shall be moored in such manner
as not to obstruct the entrance of the lock, and if to be locked
insections, shall be brought to the lock as directed by the lockmaster.
After passing the lock the sections shall be reassembled at such
distance beyond thelock as not to interfere with other vessels.
(l) Entrance to and exit from locks. In case two or more boats or
tows are to enter for the same lockage, their order of entry shall
bedetermined by the lockmaster. Except as directed by the lockmaster, no
boat shall pass another in the lock. In no case will boats be
[[Page 64]]
permitted to enteror leave the locks until directed to do so by the
lockmaster. The sides of all craft passing through any lock shall be
free from projections of any kindwhich might injure the lock walls. All
vessels shall be provided with suitable fenders, and shall be used to
protect the lock and guide walls until it hascleared the lock and guide
walls.
(m) Mooring--(1) At locks. (i) All vessels when in the locks shall
be moored as directed by the lockmaster. Vessels shall be mooredwith bow
and stern lines leading in opposite directions to prevent the vessel
from ``running'' in the lock. All vessels will have oneadditional line
available on the head of the tow for emergency use. The pilothouse shall
be attended by qualified personnel during the entire lockingprocedure.
When the vessel is securely moored, the pilot shall not cause movement
of the propellers except in emergency or unless directed by
thelockmaster. Tying to lock ladders is strictly prohibited.
(ii) Mooring of unattended or nonpropelled vessels or small craft at
the upper or lower channel approaches will not be permitted within 1200
feet ofthe lock.
(2) Outside of locks. (i) No vessel or other craft shall regularly
or permanently moor in any reach of a navigation channel. The
approximatecenterline of such channels are marked as the sailing line on
Corps of Engineers' navigation charts. Nor shall any floating craft,
except in an emergency,moor in any narrow or hazardous section of the
waterway. Furthermore, all vessels or other craft are prohibited from
regularly or permanently mooring inany section of navigable waterways
which are congested with commercial facilities or traffic unless it is
moored at facilities approved by the Secretary ofthe Army or his
authorized representative. The limits of the congested areas shall be
marked on Corps of Engineers' navigation charts. However, theDistrict
Engineer may authorize in writing exceptions to any of the above if, in
his judgment, such mooring would not adversely affect navigation
andanchorage.
(ii) No vessel or other craft shall be moored to railroad tracks, to
riverbanks in the vicinity of railroad tracks when such mooring
threatens thesafety of equipment using such tracks, to telephone poles
or power poles, or to bridges or similar structures used by the public.
(iii) Except in case of great emergency, no vessel or craft shall
anchor over revetted banks of the river, and no floating plant other
than launchesand similar small craft shall land against banks protected
by revetment except at regular commercial landings. In all cases, every
precaution to avoiddamage to the revetment works shall be exercised. The
construction of log rafts along mattressed or paved banks or the tying
up and landing of log raftsagainst such banks shall be performed in such
a manner as to cause no damage to the mattress work or bank paving.
Generally, mattress work extends out intothe river 600 feet from the low
water line.
(iv) Any vessel utilizing a federally constructed mooring facility
(e.g., cells, buoys, anchor rings) at the points designated on the
current issue ofthe Corps' navigation charts shall advise the lockmaster
at the nearest lock from that point by the most expeditious means.
(n) Draft of vessels. No vessel shall attempt to enter a lock unless
its draft is at least three inches less than the least depth of water
overthe guard sills, or over the gate sills if there be no guard sills.
Information concerning controlling depth over sills can be obtained from
the lockmasterat each lock or by inquiry at the office of the district
engineer of the district in which the lock is located.
(o) Handling machinery. No one but employees of the United States
shall move any lock machinery except as directed by the lockmaster.
Tamperingor meddling with the machinery or other parts of the lock is
strictly forbidden.
(p) Refuse in locks. Placing or discharging refuse of any
description into the lock, on lock walls or esplanade, canal or canal
bank isprohibited.
(q) Damage to locks or other work. To avoid damage to plant and
structures connected with the construction or repair of locks and dams,
vesselspassing
[[Page 65]]
structures in the process of construction or repair shall reduce their
speed and navigate with special caution while in the vicinity of
suchwork. The restrictions and admonitions contained in these
regulations shall not affect the liability of the owners and operators
of floating craft for anydamage to locks or other structures caused by
the operation of such craft.
(r) Trespass of lock property. Trespass on locks or dams or other
U.S. property pertaining to the locks or dams is strictly prohibited
except inthose areas specifically permitted. Parties committing any
injury to the locks or dams or to any part thereof will be responsible
therefor. Any personcommitting a willful injury to any U.S. property
will be prosecuted. No fishing will be permitted from lock walls, guide
walls, or guard walls of any lockor from any dam, except in areas
designated and posted by the responsible District Engineer as fishing
areas. Personnel from commercial and recreationalcraft will be allowed
on the lock structure for legitimate business reasons; e.g., crew
changes, emergency phone calls, etc.
(s) Restricted areas at locks and dams. All waters immediately above
and below each dam, as posted by the respective District Engineers,
arehereby designated as restricted areas. No vessel or other floating
craft shall enter any such restricted area at any time. The limits of
the restrictedareas at each dam will be determined by the responsible
District Engineer and market by signs and/or flashing red lights
installed in conspicuous andappropriate places.
(t) [Reserved]
(u) Operations during high water and floods in designated vulnerable
areas. Vessels operating on these waters during periods when river
stagesexceed the level of ``ordinary high water,'' as designated on
Corps of Engineers' navigation charts, shall exercise reasonable care to
minimizethe effects of their bow waves and propeller washes on river
banks; submerged or partially submerged structures or habitations;
terrestrial growth such astrees and bushes; and man-made amenities that
may be present. Vessels shall operate carefully when passing close to
levees and other flood protectionworks, and shall observe minimum
distances from banks which may be prescribed from time to time in
Notices to Navigation Interests. Pilots should exerciseparticular care
not to direct propeller wash at river banks, levees, revetments,
structures or other appurtenances subject to damage from wave action.
(v) Navigation lights for use at all locks and dams except on the
Kentucky River and Lock 3, Green River. (1) At locks at all fixed dams
and atlocks at all movable dams when the dams are up so that there is no
navigable pass through the dam, the following navigation lights will be
displayed duringhours of darkness:
(i) Three green lights visible through an arc of 360[deg] arranged
in a vertical line on the upstream end of the river (guard) wall unless
theintermediate wall extends farther upstream. In the latter case, the
lights will be placed on the upstream end of the intermediate wall.
(ii) Two green lights visible through an arc of 360[deg] arranged in
a vertical line on the downstream end of the river (guard) wall unless
theintermediate wall extends farther downstream. In the latter case, the
lights will be placed on the downstream end of the intermediate wall.
(iii) A single red light, visible through an arc of 360[deg] on each
end (upstream and downstream) of the land (guide) wall.
(2) At movable dams when the dam has been lowered or partly lowered
so that there is an unobstructed navigable pass through the dam, the
navigationlights indicated in the following paragraphs will be displayed
during hours of darkness until lock walls and weir piers are awash.
(i) Three red lights visible through an arc of 360[deg] arranged in
a vertical line on the upstream end of the river (guard) wall.
(ii) Two red lights visible through an arc of 360[deg] arranged in a
vertical line on the downstream end of the river (guard) wall.
(iii) A single red light visible through an arc of 360[deg] on each
end (upstream and downstream) of the land (guide) wall.
[[Page 66]]
(3) After lock walls and weir piers are awash they will be marked as
prescribed in paragraph (x) of this section.
(4) If one or more bear traps or weirs are open or partially open,
and may cause a set in current conditions at the upper approach to the
locks, thisfact will be indicated by displaying a white circular disk 5
feet in diameter, on or near the light support on the upstream end of
the land (guide) wallduring the hours of daylight, and will be indicated
during hours of darkness by displaying a white (amber) light vertically
under and 5 feet below the redlight on the upstream end of the land
(guide) wall.
(5) At Locks No. 1 and 2, Green River, when the locks are not in
operation because of high river stages, a single red light visible
through an arc of360[deg] will be displayed on each end (upstream and
downstream) of the lock river (guard) will at which time the lights
referred to above will not bevisible.
(w) Navigation lights for use at locks and dams on the Kentucky
River and Lock 3, Green River. A single red light visible through an arc
of360[deg] shall be displayed during hours of darkness at each end of
the river wall or extending guard structures until these structures are
awash.
(x) Buoys at movable dams. (1) Whenever the river (guard) wall of
the lock and any portion of the dam are awash, and until covered by a
depth ofwater equal to the project depth, the limits of the navigable
pass through the dam will be marked by buoys located at the upstream and
downstream ends ofthe river (guard) wall, and by a single buoy over the
end or ends of the portion or portions of the dam adjacent to the
navigable pass over which projectdepth is not available. A red nun-type
buoy will be used for such structures located on the left-hand side
(facing downstream) of the river and a blackcan-type buoy for such
structures located on the right-hand side. Buoys will be lighted, if
practicable.
(2) Where powerhouses or other substantial structures projecting
considerably above the level of the lock wall are located on the river
(guard) wall, asingle red light located on top of one of these
structures may be used instead of river wall buoys prescribed above
until these structures are awash, afterwhich they will be marked by a
buoy of appropriate type and color (red nun or black can buoy) until
covered by a depth of water equal to the project depth.Buoys will be
lighted, if practicable.
(y) Vessels to carry regulations. A copy of these regulations shall
be kept at all times on board each vessel regularly engaged in
navigating therivers to which these regulations apply. Copies may be
obtained from any lock office or District Engineer's office on request.
Masters of such vessels areencouraged to have on board copies of the
current edition of appropriate navigation charts.
Notes
1. Muskingum River Lock & Dam 1 has been removed. Ohio River
slackwater provides navigable channel for recreational craft to Lock 2
near Devola,Ohio. Muskingum River Locks 2 thru 11 inclusive have been
transferred to the State of Ohio and are operated during the
recreational boating season by theOhio Department of Natural Resources.
Inquiries regarding Muskingum River channel conditions and lock
availability should be directed to the aforementionedDepartment.
2. Little Kanawha River Lock and Dam 1 has been removed, thus
permitting recreational craft to navigate up to Lock 2 near Slate, W.
Va. Operation ofLocks 2 thru 5 on the Little Kanawha River has been
discontinued.
3. Big Sandy River: Lock 1 has been removed, thus permitting
recreational craft to navigate to Lock 2, near Buchanan, Ky. Operation
of Lock 2 and Lock3 near Fort Gay, W. Va. has been discontinued.
Operation of Lock and Dam 1 on Levisa Fork near Gallup, Ky., and Lock
and Dam 1 on Tug Fork near Chapman,Ky. has been discontinued.
4. Operation of the following Green River Locks has been
discontinued: Lock 4 near Woodbury, Ky., Lock 5 near Glenmore, Ky., and
Lock 6 nearBrownsville, Ky.
5. Operation of Barren River Lock and Dam No. 1 near Richardsville,
Ky. has been discontinued.
6. Operation of Rough River Lock and Dam No. 1 near Hartford, Ky.
has been discontinued.
7. Operation of Osage River Lock and Dam 1 near Osage City, Mo., has
been discontinued.
8. Operation of the 34 locks in the Illinois and Mississippi
(Hennepin) Canal, including the feeder section, has been discontinued.
[[Page 67]]
9. Operation of the Illinois and Michigan Canal has been
discontinued.
[40 FR 32121, July 31, 1975, as amended at 50 FR 37580, Sept. 18, 1985;
56 FR 13765, Apr. 4, 1991]
Sec. 207.306 Missouri River; administration and navigation.
(a) [Reserved]
(b) General. The regulations in this section shall implement those
contained in paragraph(s) of Sec. 207.300.
[33 FR 17242, Nov. 21, 1968; 42 FR 57962, Nov. 7, 1977]
Sec. 207.310 Mississippi River at Keokuk, Iowa; operation of power dam by Mississippi River Power Co.
(a) All previous regulations of the Secretary of War relating to the
use of the Mississippi River for the generation of power by the
Mississippi RiverPower Co., including the memorandum of March 24, 1908,
approved by the Secretary of War, March 26, 1908, are rescinded, and the
following regulations willgovern the operation of the dam until further
orders:
(b) Excepting as specially provided in this section the normal flow
of the river shall be discharged below the dam at all times of day and
night.
(c) The Mississippi River Power Co. shall not during the period of
navigation raise the level of its pond behind the Keokuk Dam when the
natural flowof the Mississippi River is falling or when such natural
flow is less than approximately 64,000 cubic feet per second, which
corresponds to a normal stageof 6 feet above low water at Keokuk, Iowa,
except upon the written permission of the U.S. District Engineer in
charge of this locality, such permit tostate the period which such
ponding may cover and the maximum variation in stage below the dam which
may be caused by each ponding.
(d) The granting of permits by the District Engineer shall be
governed by the provision of the law authorizing the construction of the
dam and itsaccessories, as follows:
Sec. 2. That the withdrawal of water from the Mississippi River and
the discharge of water into the said river, for the purpose of operating
thesaid power stations and appurtenant works, shall be under the
direction and control of the Secretary of War, and shall at no time be
such as to impede orinterfere with the safe and convenient navigation of
the said river by means of steamboats or other vessels or by rafts or
barges. * * * (33Stat. 713)
(e) The power company when proposing to raise or lower the pond,
either under general authority or special permission, shall give due
notice to theDistrict Engineer or his authorized agent of its intention.
(f) The power company shall hold all records relating to operations
affecting the river discharge open to the inspection of the District
Engineer orhis authorized agent.
(g) It shall be the duty of the district engineer or his authorized
agent to observe closely and carefully the operations of the power
company and tomaintain in addition to such as may be maintained by the
power company, such river and pool gages as may be advisable, and make
from time to time suchexaminations as may be necessary for determining
the effect of the operation of the power dam and accessories on the
river channels.
(h) The Department of the Army approves the method of regulating the
flow below the Keokuk Dam by estimating the flow 24 hours in advance
andmaintenance of the stage corresponding to such flow as indicated by
the river gage at U.S. Lock (the method employed during 1917). The
general rules statedin paragraph (g) of this section are not intended to
apply to unavoidable small compensating variations in pond level behind
the dam inherent in suchmethod of regulation.
[Regs., Jan. 12, 1918]
Sec. 207.320 Mississippi River, Twin City Locks and Dam, St. Paul and Minneapolis, Minn.; pool level.
In accordance with the provisions of Article 8 of Federal Power
Commission License of June 7, 1923 (Project No. 362-Minn., Ford Motor
Co.), thissection is prescribed for the control of the pool level
created by the Twin City Locks and Dam, Minneapolis, in the interest of
navigation, and supersedesrules and regulations made effective January
1, 1928, by the Secretary of War:
(a) The pool above the dam shall not be allowed to drop below
elevation 744.5
[[Page 68]]
(Cairo datum), except after loss or lowering of flashboards andbefore
replacement or raising of same, during the navigation season; nor below
elevation 743.3 during the period when the river is closed to
navigation.The variation of pool level shall not exceed 0.5 foot per day
whenever the pool is below elevation 745.5, and in addition, during the
period when the riveris closed to navigation, the maximum rate of such
variation shall not exceed 0.1 foot per hour; except that during the
navigation season, increases in poollevel at rates greater than that
specified may be made to eliminate wasting of water during an increase
in river flow.
(b) Whenever, due to high flows, the pool above the dam is above
elevation 746.5, all flashboards on the crest of the dam shall be
removed or in thelowered position.
(c) To protect navigation in cases of emergency, such as the
stranding of a boat or the loss of a pool below the Twin City Dam, etc.,
the licenseeshall temporarily discharge water at such rates, subject to
the limitations of paragraph (a) of this section, as may be directed by
the U.S. DistrictEngineer in charge of the locality.
(d) It shall be the duty of the U.S. District Engineer in charge of
the locality to notify the licensee of the periods during which the
river shall beconsidered open to navigation.
(e) It shall be the further duty of the said District Engineer or
his authorized agent, by frequent inspections, to determine whether
paragraphs (a) to(d) of this section are being observed. In case of
noncompliance he shall so notify the licensee and report the facts to
the Chief of Engineers.
[Regs., Feb. 24, 1938]
Sec. 207.330 Mississippi River between Winnibigoshish and Pokegama dams,
Leech River between outlet of Leech Lake and Mississippi River, and Pokegama
reservoir;logging.
(a) Parties engaged in the transportation of loose logs, timbers,
and rafts of logs, poles, posts, ties, or pulpwood, on the waters
described in thissection, shall conduct their operations so as to
interfere as little as possible with navigation by steamboats, launches,
or other craft, or with theoperations of other parties using the waters
for purposes similar to their own, and, so far as may be possible, shall
prevent the formation of log jams.
(b) In case of the formation of a jam, the owner of the logs, poles,
posts, ties, or pulpwood, causing the jam, or the representatives in
charge of thedrive or tow, shall cause the same to be broken with the
least practicable delay.
(c) Steamboats, launches, or other craft desiring to pass through a
body of floating logs, poles, or ties shall be given all reasonable and
necessaryassistance in doing so by the representatives in charge of the
logs, poles, posts, ties, or pulpwood causing the obstruction.
(d) Any individual, firm, or corporation banking logs, poles, posts,
ties, or pulpwood on the shores or within the banks of any of the waters
coveredby this section, which are to be transported during the
navigation season, shall so place them as to maintain a clear navigable
channel width of not lessthan 20 feet.
(e) Parties using the river for rafted poles, posts, ties, or
pulpwood shall not tie rafts up to the bank two or more abreast; shall
not tie up wherethere will be less than 50 feet of clear waterway
between their raft and the other bank or between their raft and another
tied to the opposite bank; andshall not tie more than three rafts along
any bank without leaving an opening for a landing.
[Regs., Mar. 5, 1915]
Sec. 207.340 Reservoirs at headwaters of the Mississippi River; use and administration.
(a) Description. These reservoirs include Winnibigoshish, Leech
Lake, Pokegama, Sandy Lake, Pine River and Gull Lake.
(b) Penalties. The River and Harbor Act approved August 11, 1888 (25
Stat. 419, 33 U.S.C. 601) includes the following provisions as to
theadministration of the headwater reservoirs:
And it shall be the duty of the Secretary of War to prescribe such
rules and regulations in respect to the use and administration of said
reservoirsas, in his judgment, the public interest and necessity may
require; which rules and regulations shall be posted in some
[[Page 69]]
conspicuous place or places forthe information of the public. And any
person knowingly and willfully violating such rules and regulations
shall be liable to a fine not exceeding fivehundred dollars, or
imprisonment not exceeding six months, the same to be enforced by
prosecution in any district court of the United States within
whoseterritorial jurisdiction such offense may have been committed.
(c) Previous regulations now revoked. In accordance with the above
act, the Secretary of War prescribed regulations for the use
andadministration of the reservoirs at the headwaters of the Mississippi
River under date of February 11, 1931, which together with all
subsequent amendmentsare hereby revoked and the following substituted
therefor.
(d) Authority of officer in charge of the reservoirs. The
accumulation of water in, and discharge of water from the reservoirs,
including thatfrom one reservoir to another, shall be under the
direction of the U.S. District Engineer, St. Paul, Minnesota, and of his
authorized agents subject to thefollowing restrictions and
considerations:
(1) Notwithstanding any other provision of this section, the
discharge from any reservoir may be varied at any time as required to
permit inspectionof, or repairs to, the dams, dikes or their
appurtenances, or to prevent damage to lands or structures above or
below the dams.
(2) Except as provided in paragraph (d)(1) of this section the
average annual discharge from the respective reservoirs shall not be
reduced below thefollowing values, as nearly as they can practically be
maintained:
Winnibigoshish, 150 cubic feet per second.
Leech Lake, 70 cubic feet per second.
Pokegama, 200 cubic feet per second.
Sandy Lake, 80 cubic feet per second.
Pine River, 90 cubic feet per second.
Gull Lake, 30 cubic feet per second.
(3) During the season of navigation on the upper Mississippi River,
the volume of water discharged from the reservoirs shall be so regulated
by theofficer in charge as to maintain as nearly as practicable, until
navigation closes, a sufficient stage of water in the navigable reaches
of the upperMississippi and in those of any tributary thereto that may
be navigated and on which a reservoir is located.
(4) Surplus waters in storage above the stages listed in paragraph
(d)(7) of this section not required for use in the aid of navigation, as
providedfor in paragraph (d)(3) of this section, may be discharged at
such time and at such rates as will result, in the judgment of the
District Engineer, in thegreatest general benefit or the minimum of
injuries to all affected interests.
(5) No discharge other than the minimum specified in paragraph
(d)(2) of this section shall be permitted when a reservoir is at or
below its minimumstage as set forth in paragraph (d)(7) of this section
except such increases of discharge as may specifically be directed by
the Chief of Engineers.
(6) The surplus inflow over the minimum discharge set forth in
paragraph (d)(2) of this section shall be stored until the limit of
capacity or safetyof the reservoir is reached, or until such time as
water may be discharged in accordance with this section.
(7) So far as practicable, under the requirements of this section,
the officer in charge will cause the reservoirs to be maintained above
the followingminimum stages, referred to zeros of respective Government
gauges:
Winnebigoshish................................................... 6.0
Leech Lake....................................................... 0.0
Pokegama......................................................... 6.0
Sandy Lake....................................................... 7.0
Pine River....................................................... 9.0
Gull Lake........................................................ 5.0
The range of fluctuations in levels in any reservoir in a single
calendar year shall be held at a minimum consistent with the
requirements of thissection and with the inflow of that year. If,
through necessity reservoirs are drawn below these stages, minimum
stages will be restored at the firstpracticable opportunity.
(e) Passage of logs and other floating bodies. Logs and other
floating bodies may be sluiced or locked through the dams, but prior
authority forthe sluicing of logs must be obtained from the District
Engineer when this operation necessitates a material change in
discharge.
(f) Obstructions to flow of water. No person shall place floating
bodies in a stream or pond above or below a reservoir dam when, in the
opinionof the
[[Page 70]]
officer in charge, such act would prevent the necessary flow of water to
or from such dam, or in any way injure the dam and its appurtenances,its
dikes and embankments; and should floating bodies lying above or below a
dam constitute at any time an obstruction or menace as beforesaid, the
ownersof said floating bodies will be required to remove them
immediately.
(g) Trespass. No one shall trespass on any reservoir dam, dike,
embankment or upon any property pertaining thereto.
[Regs., Feb. 4, 1936, as amended at 10 FR 414, Jan. 10, 1945]
Sec. 207.350 St. Croix River, Wis. and Minn.
(a) Logging regulations for river above Lake St. Croix. (1) During
the season of navigation from May 1 to September 30, the full natural
run ofwater in the river shall be permitted to flow between 1 a.m. on
Thursday and 4 p.m. on Sunday of each week, and during the time between
1 p.m. on Wednesdayand 4 p.m. on Sunday of each week no logs shall be
sluiced into the river between St. Croix Falls, Wis., and Stillwater,
Minn.
(2) Except during the period above mentioned, the parties engaged in
handling logs upon the river shall have the right to sluice, drive, and
floatloose logs and to regulate the flow of water in the river as may
best suit their convenience, all reasonable caution being taken to avoid
log jams.
(3) This paragraph shall remain in force until modified or
rescinded. (Act of May 9, 1900, 31 Stat. 172; 33 U.S.C. 410)
(b) Power dam at Taylors Falls. (1) That between April 1 and October
31, whenever the natural river flow exceeds 1,600 feet per second,
thereduced flow shall be not less than 1,600 feet per second, and that
whenever the natural flow be less than 1,600 feet per second, then the
reduced flowshall not be less than such natural flow: Provided, That the
District Engineer in charge of the locality may vary these requirements
temporarily, asthe interests of navigation, in his judgment, require,
prompt report of his action in such instances to be made to the Chief of
Engineers.
(2) The Northern States Power Co. shall establish automatic water-
stage recorders of a type approved by the district engineer at the
followinglocalities:
(i) On the Nevers Pond near the dam.
(ii) On the St. Croix hydroplant pond near the dam.
(iii) On the St. Croix hydroplant tailrace.
(iv) On the St. Croix River near Osceola.
(v) On the St. Croix River near Marine.
(3) The gages are to be installed and maintained by the Northern
States Power Co. in a manner satisfactory to the District Engineer, but
theiroperation and inspection is to be under the sole direction of the
District Engineer, who will retain the original records, furnishing the
Northern StatesPower Co. with duplicates of the gage records.
[Regs., Apr. 20, 1907, Apr. 10, 1931, as amended at 25 FR 8908, Sept.
16, 1960]
Sec. 207.360 Rainy River, Minn.; logging regulations for portions of river within jurisdiction of the United States.
(a) During the season of navigation, parties engaged in handling
logs upon such portion of the river shall have the right to sluice,
drive, and floatlogs in such manner as may best suit their convenience:
Provided, A sufficient channel for safe navigation by boats is
maintained between 7:00 a.m.and 11:00 p.m. from the opening of
navigation to September 15th; between 8:00 a.m. and 11:00 p.m. from
September 16th to October 31st; and between 9:00a.m. and 11:00 p.m. from
November 1st to the close of navigation.
(b) Owners of loose logs running in the river must maintain a
sufficient force of men on the river to keep the logs in motion and to
prevent theformation of log jams or accumulation of logs on the several
rapids; and said log owners must also construct and maintain for the
control and direction offloating logs, such guide booms on said rapids
and at other points on said river, as may be considered necessary by the
District Engineer in charge of theDistrict.
(c) Owners of sack and brail rafts must so handle the same as not to
[[Page 71]]
interfere with the general navigation of the river or with the
approaches toregular boat landings.
[Regs., Nov. 6, 1935, as amended at 25 FR 8908, Sept. 16, 1960]
Sec. 207.370 Big Fork River, Minn.; logging.
(a) During the season of navigation, parties engaged in handling
logs upon the river shall have the right to sluice, drive, and float
logs in suchmanner as may best suit their convenience: Provided, A
sufficient channel is maintained at all times for the navigation of
steamboats, flatboats, andother small craft.
(b) A sufficient force of men must accompany each log drive to
prevent the formation of log jams and to maintain an open channel for
navigation.
(c) This section shall remain in force until modified or rescinded.
[Regs., Feb. 24, 1905]
Sec. 207.380 Red Lake River, Minn.; logging regulations for portion of river above Thief River Falls.
(a) Parties wishing to run logs on Red Lake River must provide
storage booms near the head of the river to take care of said logs.
(b) No one will be permitted to turn into the river at any time more
logs than he can receive at his storage boom.
(c) Tows arriving at the head of the river shall turn their logs
into the river successively in the order of their arrival, and such logs
shall be atonce driven to the owner's storage boom.
(d) Parties authorized to run logs on the river shall have the use
of the river on successive days in rotation to run their logs from their
storageboom down, but not more than 1,000,000 feet, board measure, shall
be released from the storage booms on any one day. Said parties must
provide a sufficientforce of log drivers to keep their logs in motion
throughout the section of river above mentioned, so as to avoid
obstructing the general navigation of theriver.
(e) When a drive is made it shall be so conducted that not more than
1,500,000 feet, board measure, of logs shall pass any point on the river
in 24hours. The decision of the agent appointed by the United States
shall be final as to the quantity of logs running at any time.
(f) This section shall remain in force until modified or rescinded.
[Regs., Feb. 24, 1905]
Sec. 207.390 [Reserved]
Sec. 207.420 Chicago River, Ill.; Sanitary District controlling works, and
the use, administration, and navigation of the lock at the mouth of river,
ChicagoHarbor.
(a) Controlling works. The controlling works shall be so operated
that the water level in the Chicago River will be maintained at a level
lowerthan that of the lake, except in times of excessive storm run-off
into the river or when the level of the lake is below minus 2 feet,
Chicago City Datum.
(1) The elevation to be maintained in the Chicago River at the west
end of the lock will be determined from time to time by the U.S.
District Engineer,Chicago, Illinois. It shall at no time be higher than
minus 0.5 foot, Chicago City Datum, and at no time lower than minus 2.0
feet, Chicago City Datum,except as noted in the preceding paragraph.
(b) Lock--(1) Operation. The lock shall be operated by the
Metropolitan Sanitary District of Chicago under the general supervision
ofthe U.S. District Engineer, Chicago, Illinois. The lock gates shall be
kept in the closed position at all times except for the passage of
navigation.
(2) Description of lock.
------------------------------------------------------------------------
Feet
------------------------------------------------------------------------
Clear length.................................................. 600
Clear width................................................... 80
Depth over sills.............................................. \1\ 24.4
------------------------------------------------------------------------
\1\ This depth is below Chicago City Datum which is the zero of the
gages mounted on the lock. The clear depth below Low Water Datum for
LakeMichigan, which is the plane of reference for U. S. Lake Survey
Charts, is 23.0 feet.
The east end of the northeast guide wall shall be marked by an
intermittent red light, and by a traffic light showing a fixed red or
fixed greenlight. The west end of the northwest gate block shall be
marked by a traffic light showing a fixed red or fixed green light. The
east end of the southeastguide wall and the west end of the southwest
guide wall shall be marked by an intermittent white light.
[[Page 72]]
(3) Authority of lockmasters. The lockmaster shall be charged with
the immediate control and management of the lock, and of the area
setaside as the lock area, including the lock approach channels. He
shall see that all laws, rules and regulations for the use of the lock
and lock area areduly complied with, to which end he is authorized to
give all necessary orders and directions in accordance therewith, both
to employees of the Governmentand to any and every person within the
limits of the lock or lock area, whether navigating the lock or not. No
one shall cause any movement of any vessel,boat, or other floating thing
in the lock or approaches except by or under the direction of the
lockmaster or his assistants.
(4) Signals. (i) Signals from vessels for lockage shall be by
whistle, horn or by idling or standing near the ends of the lock guide
walls.Signals from the lockmaster shall be by the traffic light and horn
and/or by voice with or without electrical amplification. In case of
emergency, thelockmaster may signal the vessel by wave of hand or
lantern, and the signals thus given shall have the same weight as though
given by visual or sounddevices at the lock. Vessels must approach the
lock with caution and shall not enter or leave the lock until signaled
to do so by the lockmaster. Thefollowing lockage signals and duration of
sound signals are prescribed. A long blast shall be of 4 second
duration; a short blast shall be of 1 secondduration.
(a) Vessel signals. Inbound vessels at a distance of not more than
4,000 feet from the lock and outbound vessels immediately after
crossingunder the Lake Shore Drive bridge shall signal for lockage by 2
long and 2 short blasts of a whistle or horn.
(b) Lock signals. (1) When the lock is ready for entrance, the
traffic light will show green, and vessels under 500 gross tons
shallcome ahead under caution and enter the lock; vessels of 500 gross
tons or more shall come to a stop along the guide wall, as prescribed in
paragraph (b)(5)of this section. Should the traffic light be out of
order or be invisible due to thick weather, vessels shall upon 1 long
blast of the lock horn approachand moor to the south guide wall or
continue into the lock if so directed by the lockmaster.
(2) When the lock is not ready for entrance, the traffic light will
show red, and vessels shall not pass beyond the end of the south guide
wall:Provided, however, That vessels may approach and moor to said wall
if authorized by 1 long blast of the lock horn.
(3) Permission to leave the lock shall be indicated by 1 short blast
of the lock horn.
(4) Caution or danger will be indicated by 4 or more flashes of the
red traffic light or 4 or more short blasts of the lock horn delivered
inrapid succession.
(ii) When in the lock, vessels shall not blow whistle signals for
tugs, bridges, landings, etc., without the lockmaster's permission.
(iii) The master and chief engineer of each vessel of 500 gross tons
or more shall be on duty at their respective stations when passing
through thelock.
(5) Stop before entering. All vessels or tows of 500 gross tons or
more shall come to a full stop at the point indicated by the sign
reading``Stop'' on the south guide wall and shall not proceed into the
lock until so directed by the lockmaster.
(6) Maximum draft. Vessels drawing within 6 inches of the depth over
the sills shall not be permitted lockage except under special
permissionfrom the lockmaster.
(7) Precedence at locks. The vessel arriving first at a lock shall
be first to lock through; but precedence shall be given to vessels
belongingto the United States and to commercial vessels in the order
named. Arrival posts or markers may be established ashore above or below
the locks. Vesselsarriving at or opposite such posts or markers will be
considered as having arrived at the locks within the meaning of this
paragraph.
(8) Lockage of pleasure boats. The lockage of pleasure boats, house
boats or like craft shall be expedited by locking them through
withcommercial craft (other than barges carrying petroleum products or
highly hazardous materials) in order to utilize the capacity of the lock
to its maximum.If,
[[Page 73]]
after the arrival of such craft, no separate or combined lockage can be
accomplished within a reasonable time, not to exceed the time required
forthree other lockages, then separate lockage shall be made.
(9) Speed of approach and departure. Vessels of 500 gross tons or
more when approaching the lock shall navigate at a speed not exceeding 2
milesper hour, and when leaving the lock shall navigate at a speed not
exceeding 6 miles per hour. While entering or leaving the lock, the
propellers of vesselsof 500 gross tons or more shall be operated at slow
speed so as not to undermine or injure the concrete paving on the bottom
of the lock chamber. Tugsassisting vessels in lockage, and Coast Guard
and fire vessels, may navigate at a higher speed when authorized by the
lockmaster. Vessels of less than 500gross tons shall operate at
reasonable speed.
(10) Mooring. (i) Vessels shall be moored in the lock or along its
approach walls in such manner as may be directed by the lockmaster.
Tying tolock ladders, lamp standards, or railings is strictly
prohibited. Commercial vessels and tows of 500 gross tons or more shall,
in general, have at leastone line out when entering the lock and shall
be moored in the lock with two bow and two stern lines, which shall lead
forward and aft at each end of thevessel or tow. When the gates are
closed, commercial vessels shall not be permitted to work their wheels.
Said vessels shall have at least two seamenashore to handle the mooring
lines while they are in the lock.
(ii) Mooring lines shall not be cast off until after the lock gates
have been opened fully into their recesses, and the signal given to
leave the lock.The lines leading aft shall be released first. The lines
leading forward shall not be released until the vessel has started to
move forward, so as toprevent the vessel from drifting back into the
lock gates.
(11) [Reserved]
(12) Unnecessary delay at lock. Masters and pilots must use every
precaution to prevent unnecessary delay in entering of leaving the
lock.Vessels failing to enter lock with reasonable promptness, when
signaled to do so, shall lose their turn. Vessels arriving at the lock
with their tows insuch shape so as to impede lockage, shall lose their
turn.
(13) Depositing refuse prohibited. The depositing of ashes or refuse
matter of any kind in the lock; the passing of coal from barges or
flatswhile in the lock; and the emission of dense smoke from any vessel
while passing through the lock, is forbidden.
(14) Vessels denied lockage. The lockmaster may deny the privilege
of passage through the lock to any vessel with sharp or rough
projectingsurfaces of any kind, or overhanging rigging, or any vessel
which is badly leaking or in a sinking condition.
(15) Fenders. All barges and oil tankers must be provided with
suitable nonmetallic fenders so as to eliminate damage to the lock or
approachwalls and reduce fire hazard. Said fenders shall be used as may
be directed by the lockmaster.
(16) Operating machinery. Lock employees only shall be permitted to
operate the lock gates, valves, signals or other appliances. Tampering
ormeddling with machinery or other parts of the lock is strictly
forbidden.
(17) [Reserved]
(18) Vessels to carry regulations. A copy of the regulations in this
section shall be kept at all times on board each vessel regularly
engaged innavigating this lock. Copies may be obtained without charge
from the lockmaster.
(19) Failure to comply with regulations. Any vessel failing to
comply with this section or any orders given in pursuance thereof, may
in thediscretion of the lockmaster be denied the privilege of passage
through or other use of the lock or appurtenant structures.
[3 FR 2139, Sept. 1, 1938, as amended at 25 FR 8908, Sept. 16, 1960; 26
FR 354, Jan. 18, 1961; 44 FR 67657, Nov. 27, 1979; 56 FR 13765, Apr.
4,1991]
Sec. 207.425 Calumet River, Ill.; Thomas J. O'Brien Lock and Controlling
Works and the use, administration and navigation of the lock.
(a) Controlling Works. (1) The controlling works shall be so
operated that the water level at the downstream end of the lock will be
maintainedat a level lower than that of Lake Michigan, except in times
of excessive storm
[[Page 74]]
run-off into the Illinois Waterway, or when the lake level is belowminus
2 feet, Chicago City Datum.
(2) The elevation to be maintained at the downstream end of the lock
shall at no time be higher than minus 0.5 feet, Chicago City Datum, and
at no timelower than minus 2.0 feet, Chicago City Datum, except as noted
in paragraph (a)(1) of this section.
(b) Lock--(1) Operation. The Thomas J. O'Brien Lock and Dam is part
of the Illinois Waterway which is a tributary of the MississippiRiver.
All rules and regulations defined in Sec. 207.300, Ohio River,
Mississippi River above Cairo, Illinois, and their tributaries;
use,administration and navigation shall apply.
[40 FR 57358, Dec. 9, 1975]
Sec. 207.440 St. Marys Falls Canal and Locks, Mich.; use, administration, and navigation.
(a) The use, administration, and navigation of the canal and canal
grounds shall be under the direction of the District Engineer, Engineer
Departmentat Large, in charge of the locality, and his authorized
agents. The term ``canal'' shall include all of the natural waters of
the St. MarysRiver on the U.S. side of the International Boundary and
all of the canalized waterway and the locks therein between the western
or upstream limit, whichis a north and south line tangent to the west
end of the Northwest Pier, and the eastern or downstream limit, which is
a north and south line tangent tothe northeast corner of the old Fort
Brady Reservation, the distance between limits being 1.9 miles. The term
``canal grounds'' shall includeall of the United States part and other
lands, piers, buildings, water level regulation works, hydroelectric
power plant, and other appurtenances acquiredor constructed for the
channel improvement and use of the waterway.
Note: Rules and regulations governing the movements of vessels and
rafts in St. Marys River from Point Iroquois, on Lake Superior, to
PointDetour, on Lake Huron, prescribed by the U.S. Coast Guard pursuant
to 33 U.S.C. 475, are contained in part 92 of this title.
(b) Masters of all registered vessels approaching and desiring to
use the locks shall, upon arriving at Sailors Encampment, Little Rapids
Cut, andBrush Point, report the name of the vessel and its draft to the
Coast Guard Lookout Stations at those points.
(c) Approach requirements. Upon approaching the canal, vessel
masters shall request lock dispatch by radiotelephone to the Corps of
EngineersChief Lockmaster at St. Marys Falls Canal dispatch tower (Radio
Call WUE-21). Every up bound vessel requiring lock transit shall request
lockdispatch immediately before initiating the turn at Mission Point at
the intersection of Course 1, Bayfield Channel, and Course 2, Little
Rapids Cut. Everydown bound vessel shall call when approximately one-
half mile downstream from Big Point.
(d) When in the locks, vessels shall not blow whistle signals for
tugs, supply vessels, or persons unless authorized to do so by the
District Engineeror his authorized agents.
(e)(1) Manning requirements. On all vessels of 400 gross tons or
over navigating the canal under their own power, the following ship's
personnelshall be on duty. In the pilot house, on the bridge, the
master. One mate and one able seaman shall be on watch and available to
assist; in the engineroom, the engineering watch officer. The chief
engineer shall be available to assist. During transit of the locks, all
vessels of 400 gross tons or overequipped with power operated mooring
deck winches shall have, in addition to the winch operators, mates or
signalman at the forward and after ends of thevessel to direct
operations from points providing maximum vision of both the winch
operators and canal linesmen.
(2) Linehandlers--(i) Cargo vessels equipped with bow thrusters and
friction winches. Two line handlers from the vessel are requiredon the
piers under normal weather conditions. Lockmasters can ask for three
persons under severe weather conditions. If a vessel is experiencing
mechanicalproblems or in extreme severe weather situations, the
lockmaster may require four vessel-supplied line handlers on the pier.
(ii) Vessels with non-friction winches or lack of both bow and stern
thrusters.
[[Page 75]]
Four vessel-supplied line handlers are required on the pierat all times.
(f) Vessel restrictions--(1) Speed limits. Within the limits of the
canal, vessels approaching the locks shall not navigate at aspeed
greater than 2\1/2\ miles per hour, and vessels leaving the locks shall
not navigate at a speed greater than 6 miles per hour. Tugs assisting
vesselsin passing through the locks may be authorized by the District
Engineer or his authorized agents to navigate at a higher speed when
considered necessary toexpedite canal operations.
(2) Use of bow/stern thrusters. Bow and/or stern thruster use shall
be kept to a minimum while transiting the Soo Locks. Thrusters shall not
beused while the thrusters are opposite lock gates. They may be used
sparingly for short durations within the lock to maintain the ship
position near themooring wall or in an emergency. Thrusters shall be at
zero thrust during the period the ship is stopped and moored to the wall
with all lines out, andduring raising and lowering of pool levels within
the chamber.
(g) For passage through the canal, vessels or boats owned or
operated by the U.S. Government may be given precedence over all others.
(h) Vessel lockage order--(1) Arrival. All registered vessels will
be passed through the locks in the order of their arrival at thedispatch
point unless otherwise directed by the District Engineer or his
authorized agents. When a vessel that has stopped on its own business is
ready toproceed, it is not entitled to precedence over other vessels
already dispatched.
(2) Departure. The following order of departure procedure will apply
to vessels leaving the MacArthur Lock and Poe Lock simultaneously or
atapproximately the same time:
(i) The first vessel to leave will be the vessel in the lock which
is ready for vessel release first. The vessel in the other lock will be
restrainedby the gates remaining closed and the wire rope fender
remaining in the down position.
(A) On down bound passages, the vessel retained shall not leave the
lock until such time as the bow of the vessel leaving first reaches the
end of theEast Center pier.
(B) On up bound passages, the vessel retained shall not leave the
lock until such time as the bow of the vessel leaving first reaches the
railroadbridge.
(ii) When a 1,000 foot vessel is ready to depart the Poe Lock and a
vessel has left the MacArthur Lock already, the 1,000 foot vessel may
start toleave once the bow of the other vessel reaches the end of the
respective nose pier.
(iii) Vessels will remain in radio contact with each other and with
the Chief Lockmaster at all times until clear of the lock area.
(iv) The need for a deviation from the procedures set forth in
paragraph (h)(2)(i) of this section will be determined on a case by case
basis by theChief Lockmaster. If two vessels masters agree to a
different departure scheme, they both shall notify the Chief Lockmaster
and request a change.
(i) Unless otherwise directed, all vessels or boats approaching the
locks shall stop at the points indicated by signs placed on the canal
piers untilordered by the District Engineer or his authorized agents to
proceed into the lock.
(j) Vessels and boats shall not proceed to enter or leave a lock
until the lock gates are fully in their recesses and the lockmaster has
givendirections for starting.
(k) Upon each passage through the canal, the master or clerk of the
vessel or craft shall report to the canal office, upon the prescribed
form, astatement of passengers, freight, and registered tonnage, and
such other statistical information as may be required by the blank forms
provided for thepurpose.
(l) No business, trading, or loading or landing of freight, baggage,
or passengers will be allowed on or over the canal piers or lock walls,
or overthe other piers within the limits of the canal grounds, except by
prior authority of the District Engineer or his authorized agents.
(m) No person shall throw material of any kind into the canal, or
litter the grounds with any refuse.
(n) The releasing of vessel steam, water, or waste from side
discharge openings upon the piers or lock walls, the cleaning of boiler
flues in the locks
[[Page 76]]
or canal, or the emission of dense smoke from the stack of any vessel
while passing through the locks, is forbidden.
(o) No person shall enter or navigate the canal with a boat or other
craft which, when entering or while navigating the canal, shall have an
iron orirons projecting from it or a rough surface or surfaces on it
which would be liable to damage the lock walls or canal piers.
(p) No person shall cause or permit any vessel or boat of which he
is in charge or on which he is employed to in any way obstruct the canal
or delay inpassing through it, except upon prior authority of the
District Engineer or his authorized agents.
(q) No person shall enter upon any part of the canal grounds except
as permitted, either generally or in specific instances, by the District
Engineeror his authorized agents. No person shall willfully or
carelessly injure, tamper with, or damage the canal or any of the
Government buildings, works orstructures, trees or shrubbery, or other
public property pertaining to the canal or canal grounds.
(r) Tug assist procedure--(1) Self-powered vessels. Mariners are
advised that often times adverse local weather conditions,i.e., high
winds, current conditions and/or inclement weather, exists as vessels
approach, enter and/or depart the Soo Locks. These conditionscombined
with close quarters slow speed maneuvering, particularly with large
vessels not equipped with bow or stern thrusters, may cause
controldifficulties for certain classes of vessels. Therefore, any
vessel requesting lockage which in the opinion of the vessel master in
consultation with thepilot on board, where applicable may experience
severe control problems due to the above conditions, must request
assistance by one or more tugs to ensurefull control over the vessel at
all times. Vessel masters and pilots must consult with the lockmaster
concerning local conditions well in advance ofarrival at the lock to
allow tug assistance to be arranged if necessary. These guidelines apply
to all vessels.
(2) Non self-powered vessels. All barges or other vessels navigating
within the canal and not operating under their own power,
whetherapproaching or leaving the locks, are required to be assisted by
one or more tugs of sufficient power to ensure full control at all
times.
(s) Smoking and open flames are prohibited on the canal grounds
within 50 feet of any tanker transiting the canal and locks, and on
board the tankertransiting the locks except in such places as may be
designated in the ship's regulations.
(t) All oil tankers, barges, and other vessels which are used for
transporting inflammable liquids, either with or without cargo, shall,
if notequipped with fixed timber fenders, be prevented from contacting
any unfendered pier, lock wall, or other structure by an adequate number
of suitablefenders of timber, rubber, or rope placed between the vessel
and such unfendered structure.
(u) The locks will be opened and closed to navigation each year as
provided in paragraphs (u) (1) and (2) of this section except as may be
authorizedby the Division Engineer. Consideration will be given to
change in these dates in an emergency involving disaster to a vessel or
other extraordinarycircumstances.
(1) Opening date. At least one lock will be placed in operation for
the passage of vessels on March 25. Thereafter, additional locks will
beplaced in operation as traffic density demands.
(2) Closing date. The locks will be maintained in operation only for
the passage of down bound vessels departing from a Lake Superior port
beforemidnight (2400 hours) of January 14, and of upbound vessels
passing Detour before midnight (2400 hours) of January 15. Vessel owners
are requested toreport in advance to the Engineer in charge at Sault
Ste. Marie, the name of vessel and time of departure from a Lake
Superior port on January 14 beforemidnight, and of vessels passing
Detour on January 15 before midnight, which may necessitate the
continued operation of a lock to permit passage of vessel.
(v) The maximum overall dimensions of vessels that will be permitted
to transit MacArthur Lock are 730 feet in length and 75 feet in width,
except as
[[Page 77]]
provided in paragraph (v)(1) of this section. Further, any vessel of
greater length than 600 feet must be equipped with deck winches adequate
to safelycontrol the vessel in the lock under all conditions including
that of power failure.
(1) Whenever the Poe Lock is out of service for a period exceeding
24 hours the District Engineer may allow vessels greater than 730 feet
in length,but not exceeding 767 feet in length to navigate the MacArthur
Lock. Masters of vessels exceeding 730 feet in length shall be required
to adhere to specialhandling procedures as prescribed by the District
Engineer.
(w) The maximum overall dimensions of vessels that will be permitted
to transit the New Poe Lock without special restrictions are 100 feet in
width,including fendering, and 1,000 feet in length, including steering
poles or other projections. Vessels having overall widths of over 100
feet and not over105 feet including fendering, and overall lengths of
not more than 1,100 feet, including projections, will be permitted to
transit the New Poe Lock at suchtimes as determined by the District
Engineer or his authorized representative that they will not unduly
delay the transit of vessels of lesser dimensions,or endanger the lock
structure because of wind, ice, or other adverse conditions. These
vessels also will be subject to such special handling requirementsas may
be found necessary by the Area Engineer at time of transit. Vessels over
1,000 feet in length will be required to be equipped with six
mooringcables and winches ready for use to assist in safe transit of the
lock.
(x) Masters or other persons refusing to comply with the regulations
in this section or any orders given in pursuance thereof, or using
profane,indecent, or abusive language, may, in the discretion of the
District Engineer or his authorized agents, be denied the privileges of
the locks and canalgrounds.
[10 FR 14451, Nov. 27, 1945, as amended at 21 FR 8285, Oct. 30, 1956; 22
FR 401, Jan. 19, 1957; 22 FR 864, Feb. 12, 1957; 31 FR 4346, Mar.
12,1966; 34 FR 18458, Nov. 20, 1969; 40 FR 8347, Feb. 27, 1975; 40 FR
20818, May 13, 1975; 42 FR 6582, Feb. 3, 1977; 42 FR 12172, Mar. 3,
1977; 57 FR 10245,Mar. 24, 1992; 61 FR 55572, Oct. 28, 1996; 64 FR
69403, Dec. 13, 1999]
Sec. 207.441 St. Marys Falls Canal and Locks, Mich.; security.
(a) Purpose and scope of the regulations. The regulations in this
section are prescribed as protective measures. They supplement the
generalregulations contained in Sec. 207.440 the provisions of which
shall remain in full force and effect except as modified by this
section.
(b) Restrictions on transit of vessels. The following classes of
vessels will not be permitted to transit the U.S. locks or enter any of
theUnited States approach canals:
(1)-(3) [Reserved]
(4) Tanker vessels--(i) Hazardous material. Cleaning and gas freeing
of tanks on all hazardous material cargo vessels (as defined in49 CFR
part 171) shall not take place in a lock or any part of the Soo Locks
approach canals from the outer end of the east center pier to the outer
end ofthe southwest pier.
(ii) Approaching. Whenever a tank vessel is approaching the Soo
Locks and within the limits of the lock piers (outer ends of the
southwest andeast center piers) either above or below the locks, no
other vessel will be released from the locks in the direction of the
approaching tank vessel, unlessthe tank vessel is certified gas free or
is carrying non-combustible products, until the tank vessel is within
the lock chamber or securely moored to theapproach pier. Whenever a tank
vessel is within a Soo Lock Chamber, the tank vessel, unless certified
gas free or is carrying non-combustible products,will not be released
from the lock until the channel within the limits of the lock piers
either above or below the lock, in the direction of the tankvessel, is
clear of vessels or vessels therein are securely moored to the approach
pier. This limits movement to a single vessel whenever a tank vessel
iswithin the limits of the lock piers either above or below the locks,
unless the tank vessel is certified gas free or is carrying non-
combustible products.Tank vessels to which this paragraph (b)(4)(ii)
applies include those vessels carrying fuel oil, gasoline, crude oil or
other flammable liquids in bulk,including vessels that are not certified
gas free where the previous cargo was one of these liquids.
[[Page 78]]
(iii) Locks park. Except as provided in paragraph (b)(5) of this
section, tankers with any type cargo will be permitted to transit
theMacArthur Lock when the locks park is closed. The exact dates and
times that the park is closed varies, but generally these periods are
from midnight to 6a.m. June through September with one or two hour
closure extensions in the early and late seasons. Tankers carrying non-
combustible products that will notreact hazardously with water or
tankers that have been purged of gas or hazardous fumes and certified
gas free will be allowed to transit the MacArthurLock when the park is
open.
(5) Carrying explosives. All vessels, except U.S. vessels of war and
public vessels as defined in 46 U.S.C. 2101, carrying explosives
areprohibited from transiting the U.S. Locks.
(c) Personnel restrictions. Masters of vessels are responsible for
the conduct of crew and passengers while transiting St. Marys Falls
Canal andLocks and for strict compliance with the regulations. The
following procedures are established for the control of persons
embarking or debarking fromvessels while transiting the locks:
(1) The master or mate and not more than three deckhands will be
permitted to go ashore from transiting vessels and then only for normal
operations andbusiness incident to the transit. A maximum of four men
will be permitted ashore at any one time from any one ship.
(2) Personnel--(i) Embarking. Personnel, including technicians,
repairmen, and company officials will be permitted to embark at thelocks
if they are in possession of a letter addressed to the Area Engineer,
St. Marys Falls Canal, Sault Ste. Marie, Michigan, from the vessel's
master,the operators of the vessel, or the Lake Carriers' Association,
requesting that the individual named therein be permitted to embark on a
particular vessel.United States vessel personnel must also be in
possession of a specially validated seaman's document issued by the U.S.
Coast Guard. Their papers will bepresented to the civilian guard on duty
at the main gate on Portage Avenue who will arrange escort from the gate
to the vessel. Luggage will be subject toinspection.
(ii) Debarking. The vessel master will furnish prior notification to
the Chief Lockmaster at St. Marys Falls Canal Tower (Radio CallWUD-31)
that he has vessel personnel, technicians, repairmen or company
officials aboard for whom he requests authority to debark. If authority
todebark is granted such personnel will be furnished a letter by the
vessel master, addressed to the Area Engineer, St. Marys Falls Canal,
Sault Ste. Marie,Michigan, giving the name and position of the
individual concerned. Personnel will not debark until they have been
properly identified by a licensedofficer of the vessel and the letter
furnished to the escort provided from the civilian guard detail who will
escort personnel to the gate. In the event aperson debarking for medical
attention is a litter case, notification will be given sufficiently in
advance to permit the Chief Lockmaster to route thevessel to the
MacArthur Lock in order that the long carry over the lock gates may be
avoided. The Area Engineer will make the necessary arrangements
forclearance of ambulances and medical personnel into the lock area.
(3) No passengers or guest passengers will be permitted to embark or
debark at St. Marys Falls Canal except in emergency when medical
attention isrequired.
(4) Letters cited in paragraph (c)(2) of this section are valid only
for a single passage through the lock area. In the event frequent access
to thearea is required a request for extended access with reasons
therefor will be submitted to the Area Engineer, St. Marys Falls Canal,
Sault Ste. Marie,Michigan, who may arrange for the necessary clearance.
(5) Emergency needs to embark or debark which develop with
insufficient time to follow the procedure outlined in this paragraph
will be approved ordisapproved by the Area Engineer, St. Marys Falls
Canal, Sault Ste. Marie, Michigan, according to the circumstances of the
individual case, and
[[Page 79]]
requests therefor should be promptly directed to him.
[19 FR 1275, Mar. 6, 1954, as amended at 21 FR 10253, Dec. 20, 1956; 23
FR 2300, Apr. 9, 1958; 24 FR 4562, June 4, 1959; 32 FR 10652, July
20,1967; 35 FR 7512, May 14, 1970; 37 FR 4194, Feb. 2, 1972; 41 FR 3291,
Jan. 22, 1976; 66 FR 30063, June 5, 2001; 66 FR 31277, June 11, 2001]
Sec. 207.460 Fox River, Wis.
(a) Use, administration and navigation of the locks and canals--(1)
Navigation. The Fox River and Wolf River navigation seasons willcommence
and close as determined by the district engineer, Corps of Engineers, in
charge of the locality, depending on conditions and need for
lockservice. Days and hours of lock operation will also be determined by
the district engineer. Public notices will be issued announcing or
revising theopening and closing dates and operating schedules at least
10 days in advance of such dates.
(2) Authority of lockmaster. The movement of all boats, vessels,
tows, rafts and floating things, both powered and nonpowered, in the
canals andlocks, approaches to the canals, and at or near the dams,
shall be subject to the direction of the lockmaster or his duly
authorized representatives incharge at the locks.
(3) Signals. All boats approaching the locks shall signal for
lockage by four distinct whistles of short duration. Locks will not be
opened onsuch audible signal during the period when advance notice is
required if the services of the lock tender are required elsewhere to
meet prior requests forlockages.
(4) Mooring in locks. All craft being locked shall be secured to the
mooring posts on the lock walls. Large craft shall use one head line and
atleast one spring line. Lines shall remain fastened until the signal is
given by the lock tender for the craft to leave the lock.
(5) Delays in canals. No boat, barge, raft or other floating craft
shall tie up or in any way obstruct the canals or approaches, or
delayentering or leaving the locks, except by permission from proper
authority. Boats wishing to tie up for some hours or days in the canals
must notify theProject Engineer directly or through a lock tender, and
proper orders on the case will be given. Boats so using the canals must
be securely moored in theplaces assigned, and if not removed promptly on
due notice, will be removed, as directed by the Project Engineer at the
owner's expense. Boats desiring totie up in the canals for the purpose
of unloading cargoes over the canal banks must, in each case, obtain
permission in advance from the District Engineer.Request for such
permission shall be submitted through the Project Engineer.
(6) Provisions for lockage service. (i) Commercial vessels, barges,
rafts and tows engaged in commerce will be provided lockages during the
sameperiod as provided for pleasure boats (see paragraph (a)(6)(iv) of
this section).
(ii) Pleasure boats, powered and non-powered, houseboats and similar
craft will be provided with not more than one lockage each way through
the samelock in a 24-hour period.
(iii) All small vessels or craft, such as skiffs, sculls, sailing
boats, etc., shall be passed through locks in groups of not less than
six at onelockage, or may be granted separate lockage if the traffic
load at the time permits.
(iv) Lockage may be provided during certain hours other than
announced at the intermediate locks provided prior requests are made to
the Corps ofEngineers, Fox River Project Office. Requests may be made
either in writing, by telephone or in person to U.S. Army Corps of
Engineers, Fox River ProjectOffice, 1008 Augustine Street, Kaukauna,
Wisconsin 54130, telephone: 414-766-3531.
(7) Injury to locks or fixtures. Vessel operators shall use great
care not to strike any part of the locks or sluice walls, or any gate
orappurtenance thereto, or machinery for operating the gates, or the
walls protecting the banks of the canals. All boats using the canals
shall be free fromprojecting irons or rough surfaces that would be
liable to damage the locks or any part of the canals, and they must be
provided with fenders to be used inguarding the lock walls, etc., from
injury. Boats will not be permitted to enter or leave the locks until
the lock gates are fully in the gate recesses,and the lock tender has
directed the boat to proceed. No vessel shall be raced or crowded
alongside another vessel, or be
[[Page 80]]
moved at such speed as willcause excessive swells or wash. Speed shall
be kept at a minimum consistent with safe navigation.
(8) Handling gates. No one, unless authorized by the lock tender,
shall open or close any gate, or valve, or in any way interfere with
theemployees in the discharge of their duties. The lock tender may call
for assistance from the master of any boat using the lock should such
aid be needed.
(9) Draft of boats. No boat shall enter a canal or lock whose actual
draft exceeds the least depth of water in the channel of the canal as
givenby the Project Engineer.
(10) Right-of-way. Boats going downstream shall have the right-of-
way over boats going upstream. Ordinarily, the boats or tows arriving
first atany of the locks shall have precedence in passage except that
those vessels which have given advance notice, when such notice is
required, shall haveprecedence over other vessels when such notifying
vessel is ready for passage. In all cases boats and barges belonging to
the United States, or employedupon public works, shall have precedence
over all others, and commercial passenger boats shall have precedence
over tows. All boats not taking advantage ofthe first lawful opportunity
to pass shall lose their turn. When lockage has started on tows
requiring multiple lockages, all units of the tow will belocked ahead of
other vessels traveling in the same direction. In the case of tows
requiring two lockages, any craft awaiting lockage in the
oppositedirection will have priority over the second lockage of the tow.
(11) Boats and rafts without power. No boat or raft without power
except small boats controlled by sails or oars shall be brought through
thecanal unless accompanied by a power operated boat.
(12) Dumping of refuse in waterway. No refuse or other material
shall be thrown or dumped from vessels into the natural river, improved
channels,canals and locks or placed on any bank of the river or berm of
the canals so that it is liable to be thrown or washed into the
waterway. (Sec. 13 of theRiver and Harbor Act of Mar. 3, 1899 (30 Stat.
1152; 33 U.S.C. 407), prohibits the depositing of any refuse matter in
any navigable water or along thebanks thereof where the same shall be
liable to be washed into such navigable water.)
(13) Drawing off water. No water shall be drawn by any party or
parties from any portion of the Fox River canals, or of the Fox River,
includingits lakes, improved channels and unimproved channels, to such
extent as to lower the water surface below the crest of that dam next
below the place wheresuch draft of water is affected.
(14) Obstructing navigation. Anyone who shall willfully or through
carelessness in any way obstruct the free navigation of the waterway, or
byviolation of any of the laws or regulations governing the waterway and
those using it, delay or inconvenience any boat having the right to use
thewaterway, shall be responsible for all damages and delays, and for
all expenses for removing the obstructions. (Sec. 20 of the River and
Harbor Act of Mar.3, 1899 (30 Stat. 1154; 33 U.S.C. 415), authorizes the
immediate removal or destruction of any sunken vessel, craft or similar
obstruction, which impedesor endangers navigation.)
(15) [Reserved]
(16) Trespass on U.S. property. Trespass on waterway property or
injury to the banks, locks, dams, canals, piers, fences, trees,
buildings or anyother property of the United States pertaining to the
waterway is strictly prohibited. No business, trading or landing of
freight or baggage will beallowed on or over Government property, unless
a permit or lease approved by the Secretary of the Army has been
secured.
(17) Neenah dam outlet works. (i) During periods of high water, when
determined to be necessary by the District Engineer, U.S. Army
EngineerDistrict, Chicago, to reduce the threat of flooding, it shall be
the duty of the person owning, operating, or controlling the dam across
the Neenah Channelof the Fox River at Neenah, Wis., acting as agent of
the United States, to open or close, or cause to be opened or closed,
pursuant to paragraph (a)(17)(ii) of this section, the outlet works of
said dam to regulate the passage of water through said outlet works.
(ii) The outlet works of said dam shall be opened when and to the
extent
[[Page 81]]
directed by the District Engineer or his authorized field
representatives,and said outlet works shall thereafter be closed when
and to the extent directed by the said District Engineer or his
authorized field representative.
(b) Use of the United States drydock on Fox River at Kaukauna, Wis.
(1) The drydock being a part of the Fox River improvement, its use will
begoverned by the general regulations for the use, administration, and
navigation of that river, so far as they may be applicable.
(2) The drydock at Kaukauna, when not required for repairs or
construction by the United States, may be used by private parties or
corporations undercertain restrictions and under the supervision and
direction of the U.S. District Engineer in charge of the locality or his
authorized agent.
(3) The drydock will be loaned to private parties only when no
private drydock is available at the time and for the purpose desired.
Applicants will berequired to establish over their signature the fact
that due effort has been made to secure the use of a private drydock and
none can be had.
(4) Private parties desiring to use the Kaukauna drydock will give
notice to the U.S. Assistant Engineer in local charge at Appleton, Wis.,
as long inadvance as practicable, stating when use of the dock is
wanted, nature of repairs required, and the dimensions and character of
boat. No boat will enterthe dock until the permission of the U.S.
District Engineer or the Assistant Engineer above referred to has been
obtained.
(5) All private parties or corporations using the Kaukauna drydock
will furnish all material and labor, including blocking, when necessary,
requiredfor prompt execution of their work, and will also furnish all
labor for properly operating, under the immediate personal supervision
of an authorized canalemployee, gates, and sluices of the drydock. No
gate or sluice of the drydock will be operated, or in any way meddled
with, except by permission of andunder the personal supervision of such
authorized canal employee.
(6) No boat will be allowed to occupy the Kaukauna drydock for a
longer period than 2 days when other boats are waiting to use the dock,
except incases when, in the opinion of the U.S. District Engineer or his
authorized agent, circumstances necessitate and justify a longer use
than 2 days. The U.S.District Engineer or his authorized agent is
authorized to remove from the drydock any boat using or occupying such
dock without his authority, and theexpense of such removal will be paid
by the party or parties owning such boat.
(7) The wages of all mechanics and laborers, due from private
parties for repairs carried on in the Kaukauna drydock, must be paid
before the boatleaves the dock.
(8) Repair shop, timber shed, tools, etc., owned by the Government
at and near the drydock shall not be used by parties allowed to occupy
the drydock.
(9) Lumber and all material needed by parties allowed to use the
drydock may be deposited in the drydock yards at such places as may be
directed, butonly for such time as repairs are being made, and residue
must be entirely removed when the boat leaves the dock; general storage
will not be permitted.
(10) All refuse and old material taken from boats under repairs must
be removed or disposed of, as may be directed, by the owner of the boat
or hisemployees without expense to the Government, and before the boat
leaves the dock, and to the satisfaction of the agent in charge of the
dock.
(11) The Government charges for the authorized and necessary use and
occupancy of the Kaukauna drydock by private boats shall be, until
further orders,as follows:
(i) Docking charges (including lay time for the calendar day on
which vessel is docked): Tugs, motor boats, and dredges, 75 cents per
linear foot; $25minimum charge. Barges, dump scows, and derrick boats,
65 cents per linear foot; $20 minimum charge.
(ii) Lay-day charges (excluding Sundays and national holidays,
unless repairs are made on such Sundays and holidays): For all vessels,
20 cents perlinear foot per calendar day or part thereof; $7 per
calendar day or part thereof, minimum charge.
(12) The charges for all use or occupancy of the Kaukauna drydock by
a boat or private parties, after repairs on such boat have, in the
opinion of theU.S. District Engineer or authorized
[[Page 82]]
agent, been so far completed as to permit safe removal from the dock, or
after such removal has been ordered bythe U.S. District Engineer or his
authorized agent, shall be $50 per day or part of a day, in addition to
any penalties incurred for violation of any ofthe regulations prescribed
by law for the government of the dock and those using it.
(13) The dock will be considered in use by a boat from the time the
dock is placed at its disposal until the boat is out of the dock.
(14) The length of all vessels shall be the over-all length measured
on the main deck from stem to stern.
(15) The charges for the use of the drydock shall be paid within 10
days from date of bill, which will be submitted to the owner by the
DistrictEngineer as promptly as possible after the vessel leaves the
dock. If charges are not so paid, the vessel shall be liable to the
amount of the charges andthe cost of collection in the manner prescribed
by law, and the owner of the vessel shall be denied the use of the
drydock until all charges and the costof collection have been paid to
the United States.
(16) This section supersedes the regulations for the use of this
drydock approved April 10, 1906, which regulations are hereby revoked.
[Regs., Oct. 2, 1926, as amended at 33 FR 11544, Aug. 14, 1968; 36 FR
1253, Jan. 27, 1971; 43 FR 26570, June 21, 1978; 48 FR 13985, Apr. 1,
1983;56 FR 13765, Apr. 4, 1991]
Sec. 207.470 Sturgeon Bay and Lake Michigan Ship Canal, Wis.; use and navigation.
(a) Authority of canal officers. The movement of all boats and
floating things in the canal and in the approaches thereto shall be
under thedirection of the superintendent or his authorized assistants,
and their orders and instructions must be obeyed.
(b) Signals. On entering the canal at either entrance, steamers or
tugs must blow their whistles for 1 minute in order to warn craft
approachingfrom opposite direction and give them time to guard against
collisions, by tying up if necessary. All steamers approaching others
going in the oppositedirection shall slacken speed so as to pass in
safety. Compliance is required with rule V of the rules and regulations
for the government of pilots,adopted by the U.S. Coast Guard.
Rule V. Whenever a steamer is nearing a short bend or curve in the
channel where, from the height of the banks or other cause, a steamer
approachingfrom the opposite direction cannot be seen for a distance of
half a mile, the pilot of such steamer, when he shall have arrived
within half a mile of suchcurve or bend, shall give a signal by one long
blast of the steam whistle, which signal shall be answered by a similar
blast by the pilot of anyapproaching steamer that may be within hearing.
Should such signal be so answered by a steamer upon the farther side of
such bend, then the usual signalsfor the meeting and passing shall
immediately be given and answered; but if the first alarm signal of such
pilot be not answered, he is to consider thechannel clear and govern
himself accordingly.
(c) Speed. The rate of speed while passing through the canal shall
not exceed 5 miles per hour.
(d) Keeping in the center. The center must be kept all the way
through, except in passing other craft. In case of grounding, the rapid
or strongworking of boat's engines is strictly forbidden.
(e)-(g) [Reserved]
(h) Rafts. (1) The passage of bag or sack rafts, or of loose logs,
into or through the canal is prohibited.
(2) Rafts shall be made up with logs parallel to each other, in the
direction of raft lengths, secured and held closely together by frequent
cross-sticks, chains, or cables.
(3) Rafts shall not be of greater dimensions, either way, than 50
feet wide by 600 feet long, and if longer than 300 feet shall be handled
by two tugs.
(4) No raft shall pass through the canal, unless by special
permission of the superintendent or his authorized assistants, who will
direct a time forpassing that will least interfere with other
navigation.
(5) Masters of tugs and other persons in charge of rafts are
required to avoid damaging the canal revetments, and displacing buoys,
spars, or thepedestal of any range light aiding navigation through the
canal. They shall keep careful watch when passing aids to navigation,
and should any beaccidentally displaced, shall report the fact at
[[Page 83]]
the earliest possible moment to the superintendent or his authorized
assistants.
(i)-(l) [Reserved]
(m) Refuse in canal. No person shall roll or throw any stones,
ashes, cinders, or other material into the canal or the approaches
thereto, orplace any such material on any bank or berm of the canal so
that it is liable to be thrown or roll in.
(n)-(o) [Reserved]
[Regs., Feb. 15, 1895, as amended Apr. 14, 1908; 42 FR 57962, Nov. 7,
1977; 56 FR 13765, Apr. 4, 1991]
Sec. 207.476 The Inland Route--lock in Crooked River, Alanson, Mich.; use, administration, and navigation.
(a) General. The use, administration, and navigation of the lock
shall be under the direction and supervision of the District Engineer,
U.S. ArmyEngineer District, Detroit, Mich., and his authorized agents.
(b) Authority of lockmaster. The lockmaster shall be charged with
the immediate control and management of the lock, and of the area set
aside asthe lock area, including the lock approach channels. He shall
see that all laws, rules, and regulations for the use of the lock and
lock area are dulycomplied with, to which end he is authorized to give
all necessary orders and directions in accordance therewith, both to the
employees of the Governmentand to any and every person within the limits
of the lock area, whether navigating the lock or not. No one shall cause
any movement of any boat, craft orother floating object in the lock or
approaches except by or under the direction of the lockmaster or his
assistants.
(c) Operation. The lock operating season will commence and close as
determined by the district engineers, Corps of Engineers in charge of
thelocality, depending on conditions and the need for lockage services.
Public notices will be issued announcing the opening and closing dates
at least 15days in advance of such dates.
(d) Maximum allowable dimensions of craft. (1) Overall length--60
feet.
(2) Overall width--16 feet.
(3) Height above water--15 feet when upper pool is at low water
datum.
(4) Draft--6 feet when lower pool is at low water datum.
(e) Signals. (1) Craft desiring lockage in either direction shall
give notice to the lock tenders, when not farther than 200 yards from
the lock,by one long blast (of 10 seconds duration) followed by one
short blast (of 3 seconds duration) of whistle, horn, or siren.
(2) Craft not equipped with whistle, horn, or siren may signal for
lockage by use of the signal provided for this purpose located near the
extreme endof the guide wall to the starboard side of the craft, both
upbound and downbound.
(f) The procedures for transit of lock. (1) Stand clear of the lock
while the red signal light shows.
(2) When the green signal light shows and the lock horn sounds three
blasts, approach and enter the lock.
(3) Full control of the craft must be maintained while entering the
lock.
(4) After entrance to the lock is complete, the craft shall be
securely moored to the cleats and bitts situated on the lock wall.
(5) While moored in the lock, the operator of the craft shall
maintain constant attention to the mooring lines, to provide slack or
retain tautness asneeded.
(6) The craft shall remain securely moored until the exit lock gate
is fully open and the lock horn sounds one blast.
(7) When the exit lock gate is fully open and the lock horn has
sounded one blast, the craft shall immediately leave the lock under full
control of itsoperator.
(g) Precedence at lock. The craft arriving first at the lock shall
be first to lock through; but precedence will be given to craft
belonging tothe United States or other local government entities, such
as state, county, or municipality. Arrival posts may be established
above and below the lock.Craft arriving at or opposite such posts or
markers will be considered as having arrived at the locks within the
meaning of this paragraph.
[32 FR 9068, June 27, 1967, as amended at 48 FR 6707, Feb. 15, 1983]
[[Page 84]]
Sec. 207.480 Lake Huron, Mich.; Harbor of refuge, Harbor Beach; use and navigation.
(a) All boats, barges, and vessels entering the harbor will be
required to take such positions as may be assigned them by the officer
in charge, whowill direct their movements, either from the breakwater or
from the Government tug on the harbor.
(b) In the absence of any directions as to position, boats, barges,
and vessels entering the harbor will observe the following rule: The
first steamvessel, or the first steam vessel with consort in tow, on
entering the harbor for shelter, will proceed to the upper end of the
breakwater. All steamvessels, and all steam vessels with consorts in
tow, entering later, will place themselves in a compact position close
to those preceding them. Sailingcraft will so locate themselves that
they will not lie in the way of other vessels entering the harbor. All
vessels of every description will in no wayplace themselves so as to
interfere with the work of reconstruction of piers, or repairs, that may
be in progress at the time.
(c) The use of chains in making fast to the breakwater will not be
permitted. Lines must be attached to the snubbing posts only, and
outboard anchorstaken in.
(d) Steam craft with barges or vessels in tow will, if practicable,
at once place them compactly alongside the breakwater, either taking in
thetowlines entirely or passing them on the breakwater so as not to
interfere in any way with the landing or departure of boats or vessels
between them. Ifimpracticable to place them alongside the breakwater,
they will each drop anchor and at once take in all towlines extending
from one to the other.
(e) Passenger boats will, in general, have the preference as to
location and attention by the officer in charge. Rafts will give way to
all documentedcraft.
(f) All classes of boats, barges, vessels, or other floating
property making fast to the breakwater must at once place such fenders
between themselvesand the breakwater as may be thought necessary by the
officer in charge to prevent chafing or other damage.
(g) The unloading of wood, coal, ballast, stone, or freight of any
class upon the breakwater is expressly prohibited, except in certain
cases allowedby special permission from the officer in charge.
(h) Each and every piece of floating property made fast to the
breakwater, or anchored in the harbor, must keep outboard from sunset to
sunrise aconspicuous white light, and must have upon it and in immediate
charge of it a watchman during the entire time such floating property is
in the harbor. Allcolored lights must be at once taken in, or covered,
on dropping anchor or making fast to the breakwater.
[Regs., Apr. 3, 1906]
Sec. 207.560 Sandusky Harbor, Ohio; use, administration, and navigation.
(a)-(c) [Reserved]
(d) No vessel shall moor or anchor to any structure of the United
States without the consent of the District Engineer, U.S. Army, in
charge of thelocality, or his authorized agent.
(e) No vessel shall moor or anchor in or along any improved channel
or basin in such manner as to interfere with improvement or maintenance
operationstherein. Whenever in the opinion of the District Engineer any
vessel is so moored or anchored, the owner thereof shall cause said
vessel to be moved uponnotification from and within the time specified
by said District Engineer.
[Regs., May 6, 1938, as amended at 25 FR 8908, Sept. 16, 1960; 42 FR
57962, Nov. 7, 1977]
Sec. 207.565 Vermilion Harbor, Ohio; use, administration, and navigation.
(a)-(b) [Reserved]
(c) No vessel or other craft shall moor or anchor to any structure
of the United States without the consent of the District Engineer, Corps
ofEngineers.
(d) No vessel or other craft shall moor or anchor in or along any
improved channel or basin in such a manner as to interfere with the
improvement ormaintenance operations therein. Whenever in the opinion of
the District Engineer any vessel or craft is so moored or anchored, the
owner thereof shallcause such vessel or craft to be
[[Page 85]]
moved upon notification from, and within the time specified by, the
District Engineer.
[13 FR 9564, Dec. 31, 1948, as amended at 42 FR 51773, Sept. 29, 1977;
42 FR 57962, Nov. 7, 1977]
Sec. 207.570 Harbors of Huron, Lorain, Cleveland, Fairport, Ashtabula, Conneaut, Ohio; use, administration, and navigation.
(a)-(b) [Reserved]
(c) No vessel shall moor or anchor to any structure of the United
States without the consent of the District Engineer, U.S. Army, in
charge of thelocality, or his authorized agent.
(d) No vessel shall moor or anchor in or along any improved channel
or basin in such manner as to interfere with improvement or maintenance
operationstherein. Whenever in the opinion of the District Engineer any
vessel is so moored or anchored, the owner thereof shall cause said
vessel to be moved uponnotification from and within the time specified
by said District Engineer.
[Regs., May 5, 1938, as amended at 25 FR 8908, Sept. 16, 1960; 42 FR
57962, Nov. 7, 1977]
Sec. 207.580 Buffalo Harbor, N.Y.; use, administration, and navigation.
(a)-(b) [Reserved]
(c) No vessel shall moor or anchor to any structure of the United
States without the consent of the District Engineer, U.S. Army, in
charge of thelocality, or his authorized agent.
(d) No vessel shall moor or anchor in or along any improved channel
or basin in such manner as to interfere with improvement or maintenance
operationstherein. Whenever in the opinion of the District Engineer any
vessel is so moored or anchored, the owner thereof shall cause said
vessel to be moved uponnotification from and within the time specified
by said District Engineer.
[Regs., May 5, 1938, as amended at 25 FR 8908, Sept. 16, 1960; 42 FR
57962, Nov. 7, 1977]
Sec. 207.590 Black Rock Canal and Lock at Buffalo, N.Y.; use, administration, and navigation.
(a) The term ``canal'' when used in this section will mean all of
the Black Rock Waterway, including Black Rock Lock, and all of the
lands,piers, buildings, and other appurtenances acquired by letters
patent from the State of New York, or constructed for the use of the
waterway; the southerlylimit thereof being at the southerly end of Bird
Island Pier, and the northerly limit being at the downstream end of the
guide pier, Black Rock Lock, alength of 3.7 miles.
(b) The canal and all of its appurtenances and the use,
administration and navigation thereof shall be in charge of the District
Engineer, U.S. ArmyEngineer District, in charge of the locality, or his
authorized agents.
(c) The movement of all vessels, boats, or other floating things in
the canal shall be under the direction of the authorized agents of the
DistrictEngineer in charge, and their orders and instructions must be
obeyed.
(d) For passage through the canal, vessels or boats belonging to the
U.S. Government shall have precedence over all others.
(e) All registered vessels or boats must pass through the canal in
order of their arrival at the canal limits, unless otherwise directed in
accordancewith this section.
(f) [Reserved]
(g) No vessel shall pass or approach within \1/4\-mile of a vessel
bound in the same direction in the Black Rock Canal south of the Ferry
StreetBridge. Tugs without tows, tugs towing a single barge under 150
feet in length, and single vessels under 150 feet in length are exempt
from this paragraph.
(h) No vessel or boat shall anchor in or moor along the canal except
at localities specially designated by the District Engineer or his
agent; and nobusiness, trading, or landing of freight or baggage, except
such articles as may be readily carried in the hand, will be allowed on
or over the canal landsor structures, without the permission of the
District Engineer or his agent.
(i) No person or operator of a vessel in the Black Rock Canal, lock
or approaching channels shall throw or discharge or permit to be thrown
ordischarged any solid material of any kind or any petroleum product of
any kind into the canal, lock or appurtenant waters.
[[Page 86]]
(j) All vessels and tows shall be navigated with care so as not to
strike or disturb the channel buoys or channel markers. If a buoy or
otherchannel marker is accidentally struck, damaged or displaced, the
fact shall be reported immediately to the Black Rock Lock, foot of
Bridge Street, Buffalo,N.Y., telephone 876-5454.
(k) Ferry Street Bridge: The clearheadroom under the bridge at low
water datum is 17.3 feet for a width of 86 feet from the pivot pier,
thencedecreasing to 12.3 feet at the left (westerly) abutment.
(1) All vessels and boats which cannot pass under the bridge shall,
on approaching the bridge, reduce speed sufficiently to enable them to
come to adead stop, without touching the bridge, in case the movable
span cannot be lifted. If the wind is dangerously strong, passage of the
bridge shall not beattempted by large vessels without the aid of a tug
or tugs.
(2) Vessels and boats bound north shall have the right-of-way and
priority for passage through the bridge over those bound south.
(3) All vessels and boats desiring passage through the bridge shall
signal therefor by one long and two short whistle blasts.
(4) Upon receiving the opening signal, the bridge operator shall
answer by giving the same signal on the bridge whistle and he shall then
proceed atonce to lift the bridge.
(5) In case the bridge cannot be lifted, for any cause, the bridge
operator shall answer a vessel signal by giving five short whistle
blasts; and thevessel shall then be stopped until the bridge is ready to
be lifted, when the bridge operator shall give the whistle signal for
passage and the vessel mayproceed.
(6) In case the bridge is disabled so that it cannot be lifted for
one-half hour or more pending repairs, red flags will be displayed on
the bridge indaytime and two red lantern lights, one above the other, at
night; and when such signals are displayed no vessel or boat shall
signal for or attemptpassage through the bridge.
(l) Radio control of vessel movement in Black Rock Canal. (1) The
movement of vessels in the Black Rock Canal will be controlled by radio
communicationbetween the Black Rock Lock and the vessels desiring to use
the canal. Vessels will not be permitted to meet or pass in the channel
of restricted widthbetween the southerly end of Bird Island
(approximately 3,500 feet northerly along the canal from the North
Breakwater South End Light) and theInternational Railway Bridge near the
southerly entrance to the Black Rock Lock. Vessels less than 150 feet in
length and tugs towing a single barge under150 feet in length are not to
be included in this special condition. In addition to the control of
vessel movements in the restricted section of the canal,radio
communications will also be utilized to facilitiate the passage of
vessels through the entire canal and the Black Rock Lock.
(2) Radio communication will be the only means of control of vessel
traffic in the canal in order to prevent a meeting or passing of vessels
in therestricted area, and therefore it is mandatory that all vessels
over 150 feet in length and tugs towing a barge or barges over 150 feet
in combined lengthof tow be equipped with radio communication equipment
operating on designated frequencies. Any vessel lacking such equipment
will not be permitted to enterthe canal unless arrangements are made
with the Black Rock Lock by land telephone to 876-5454 or marine ship-
to-shore facilities immediately beforeentering the canal.
(3) The Black Rock Lock radio communication equipment operates on
VHF(FM) frequencies as follows: VHF--156.8 Mcs--Channel 16--Safetyand
Calling, VHF--156.7 Mcs--Channel 14--Working; VHF--156.6 Mcs--Channel 12
Working. A listening watch is maintained on VHFChannel 16.
(4) In order that positive control may be maintained it is mandatory
that the following procedures be followed in communicating by radio with
the BlackRock Lock:
(i) Vessels desiring to enter the Black Rock Canal from either the
Buffalo Outer Harbor or the Buffalo River shall call the Black Rock Lock
on VHFChannel 16 or by land telephone approximately 15 minutes before
the estimated time of arrival at Buffalo Harbor Traffic Lighted Bell
Buoy 1 located atlatitude N. 42[deg]50.1[min] and longitude W.
[[Page 87]]
78[deg]55.4[min]. Information to be furnished the Black Rock Lock
Operator should include the name ofthe vessel, position, destination,
length, draft (forward and aft) and the type of cargo. A second call
shall be made to the lock when the vessel isabreast of the Buffalo
Harbor Light on the southerly end of the detached West Breakwater.
Information furnished the vessel by the Lock Operator will assurethe
vessel operator of the proper time to enter the Black Rock Canal with a
view to safety and minimum delay.
(ii) Vessels desiring to enter the Black Rock Canal from either the
Buffalo Outer Harbor or the Buffalo River shall call the Black Rock Lock
on VHFChannel 16 or by land telephone to 876-5454 immediately before
departing a dock and again when abreast of the North Breakwater South
End Light onthe southerly end of the North Breakwater.
(iii) In any radio communication from a vessel to the Black Rock
Lock, and VHF(FM) frequencies will be utilized.
(iv) In any radio communication from a vessel to the Black Rock
Lock, the VHF (FM) frequencies will be utilized if available in
preference to the MF(AM) frequencies.
(v) When an initial radio contact has been made with the Black Rock
Lock the vessel entering the canal shall maintain a standby watch at the
radiountil the passage through the canal and lock is completed.
(vi) Failure to comply with the foregoing procedures could result in
considerable delay to a vessel and possibly in a collision between
vessels in therestricted section of the canal.
(m) Black Rock Lock. All vessels and boats desiring to use the lock
shall signal by two long and two short whistle blasts.
(1) Northbound vessels and boats shall not be brought to within less
than 300 feet of the upper lock gates, nor shall southbound vessels be
brought towithin less than 200 feet of the lower lock gates, until the
lock is made ready and the lockmaster in charge signals the vessel to
enter the lock.
(2) Vessels and boats shall not moor to the approach walls of the
lock at either end, for any other purpose than waiting for lockage,
except bydirection or permission of the lockmaster.
(3) Commercial vessels will receive perference in passage through
the locks. Small vessels such as row, sail, and motor boats, bent on
pleasure only,will be passed through the lock in company with commercial
vessels when small vessels can be safely accomodated or in the absence
of commercial vessels maybe passed through the lock individually or
together in one lockage on the hour if northbound and on the half hour
if southbound. However, commercialvessels will receive preference which
could delay the passage of pleasure craft. Pleasure craft will not be
permitted to pass through the lock with vesselscarrying inflammable
cargo. Vessels and other large boats when in the lock shall fasten one
head line and one spring line to the snubbing posts on the lockwalls,
and the lines shall not be cast off until the signal is given by the
lockmaster for the boats to leave the lock.
(4) Vessels and boats will be passed through the lock in order of
their arrival except that the lockmaster may order a small vessel to
lock through incompany with another vessel, irrespective of the former's
order of arrival.
(5) All vessels and boats shall be maneuvered with great care so as
not to strike any part of the lock walls, or any gate or appurtenance
thereto, ormachinery for operating the gates, or the walls protecting
the lock approaches.
(6) Vessels and boats shall not enter or leave until the lock gates
are fully in their recesses, and the lockmaster has given direction for
starting.
(7) [Reserved]
(8) Trespass on lock property is strictly prohibited. However, in
that portion of the Black Rock Canal lying between the International
Railway Bridgeand the northerly end of the westerly lower guide pier,
the following conditions shall apply to the embarking or disembarking of
crew members or passengersof a vessel transiting the lock:
(i) Only the master or mate and two or three linesmen will be
permitted to go ashore from transiting vessels and then only for normal
operations andbusiness incident to the transit. A
[[Page 88]]
maximum of only four (4) men will be permitted to go ashore from any one
ship.
(ii) No crew members will be permitted to board a ship at the locks
unless previously requested in writing by the master or owners, and
approved bycanal authorities.
(iii) No crew member may leave a ship while it is in transit in the
lock or canal unless certified in advance as an emergency by the vessel
master andapproved by canal authorities.
(iv) No guest passengers will be permitted to either board or
disembark at the canal or locks.
(9) Schedule of Seasonal Operation:
(i) March 23 through June 14--6 a.m. to 11 p.m., daily.
(ii) June 15 through September 6-24 hours, daily.
(iii) September 7 through November 30--6 a.m. to 11 p.m., daily.
(iv) December 1 through March 22--8 a.m. to 4:30 p.m., daily. During
the navigation season the hours may be extended by the district
engineer,depending on conditions and the need for lockage service.
Public notices will be issued announcing the opening and closing dates
at least 10 days inadvance of such dates.
(10) Non-Operational Hours Lockings. In addition to the above
schedule of operating hours, commercial vessels may be locked through
during non-operational hours with prior arrangements made through the
U.S. Army Engineer District, Buffalo. Requests for non-operational hours
lockings shall be madeat lease 24 hours in advance by calling (716) 876-
5454, extension 2284 or by radio as described in paragraph (l) of this
section, Monday throughFriday, 9 a.m. to 4 p.m., except holidays.
Requests shall include the approximate time of arrival and the name and
call letters of the vessel or, if thevessel is not equipped to receive
radio messages, a telephone number at which messages may be received for
the vessel. If a requested lockage must bedelayed, prompt notification
shall be given by telephone or radio.
[30 FR 3382, Mar. 13, 1965; 30 FR 3881, Mar. 25, 1965, as amended at 41
FR 34035, Aug. 12, 1976; 42 FR 57962, Nov. 7, 1977; 45 FR 51555, Aug.
4,1980; 56 FR 13765, Apr. 4, 1991]
Sec. 207.600 Rochester (Charlotte) Harbor, N.Y.; use, administration, and navigation.
(a)-(b) [Reserved]
(c) No vessel shall moor or anchor to any structure of the United
States without the consent of the District Engineer, U.S. Army, in
charge of thelocality, or his authorized agent.
(d) No vessel shall moor or anchor in or along any improved channel
or basin in such manner as to interfere with improvement or maintenance
operationstherein. Whenever in the opinion of the District Engineer any
vessel is so moored or anchored, the owner thereof shall cause said
vessel to be moved uponnotification from and within the time specified
by said District Engineer.
[Regs., May 5, 1938, as amended at 25 FR 8908, Sept. 16, 1960; 42 FR
57962, Nov. 7, 1977]
Sec. 207.610 St. Lawrence River, Cape Vincent Harbor, N.Y.; use,
administration, and navigation of the harbor and U.S. breakwater.
(a)-(c) [Reserved]
(d) Vessels shall observe the following rule in mooring to the
breakwater: The first self-propelled vessel stopping at the harbor for
shelter willproceed to the upstream end of the breakwater and moor along
either side of it. All similar vessels entering later will place
themselves in a compactposition close to those preceding them. Passenger
vessels will, in general, have preference as to location of moorage.
Sailing craft will so locatethemselves that they will not lie in the way
of other vessels entering the harbor. All vessels of every description
will place themselves so as not tointerfere with any work of
reconstruction or repair that may be in progress at the time.
(e) The use of chains in making fast to the breakwater is
prohibited. Lines must be attached to the snubbing posts only, and
outboard anchors taken in.
(f) Vessels with other craft in tow will, if practicable, at once,
moor them compactly along the breakwater, either taking in the towlines
or placingthe slack in them upon the breakwater in such a manner as not
to interfere with other vessels. If necessary to moor alongside of other
vessels moored tothe breakwater, the towlines shall
[[Page 89]]
be taken in or disposed of in such a manner as not to interfere with the
departure of vessels moored between themand the breakwater.
(g) Vessels of every description mooring to the breakwater, must
place suitable fenders between themselves and the breakwater to protect
the timberwalings on the breakwater from damage.
(h) The unloading of freight of any class upon the breakwater is
expressly prohibited, except in accordance with special permission from
the saidDistrict Engineer or his representative.
(i) Each and every vessel made fast to the breakwater, or anchored
in the harbor without a line made fast to the shore or shore dock, must
have atleast one experienced person upon it during the entire time said
vessel is thus moored in the harbor.
[Regs., May 6, 1938, as amended at 25 FR 8908, Sept. 16, 1960; 42 FR
57962, Nov. 7, 1977]
Sec. 207.640 Sacramento Deep Water Ship Channel Barge Lock and Approach
Canals; use, administration, and navigation.
(a) Sacramento Deep Water Ship Channel Barge Lock and Approach
Canals; use, administration and navigation--(1) General. The lock,
itsapproach channels and all its appurtenances, including the highway
and railroad bridge, shall be under the jurisdiction of the District
Engineer, U.S. ArmyEngineer District, Sacramento, Federal and Courts
Building, 650 Capitol Avenue, Sacramento, California. His designated
representative at the locality shallbe the lockmaster, who will be in
immediate charge of movement and position of all water traffic while at
or near the locks and in the barge canals.
(2) Immediate control. The lockmaster shall be charged with the
immediate control and management of the lock, bridge, and of the area
set asideas the lock area, including the entrance channels. He shall see
that all laws, rules and regulations for the use of the lock, bridge and
the lock area areduly complied with, to which end he is authorized to
give all necessary orders and directions in accordance therewith, both
to employees of the Governmentand to any and every person within the
Government lock area. Crews shall render such assistance in the lockage
of their craft as may be required by thelockmaster.
(3) Signals--(i) Sound. All craft desiring lockage shall signal by
two long blasts followed by two short blasts of the whistle,delivered at
a distance of one-half mile from the lock. When the lock is ready for
entrance, notice will be given by one long blast from the control
house.Permission to leave the lock will be one short blast given by the
lockmaster.
(ii) Visual lock traffic signals. Visual signals are located outside
of each lock gate on the north guide wall, and will be used in
conjunctionwith sound signals. When the red light is flashing, lock
cannot be made ready for entrance immediately, vessel must stand clear.
When the amber light isflashing, lock is being made ready, prepare for
lockage. When the green light is flashing, lock is ready for entrance,
the vessel may proceed with cautioninto the lock.
(iii) Visual river traffic signals. Visual signals are located on
the south bank of the barge canal at the confluence with the Sacramento
Riverand also 1,950 feet upstream on the west bank of the Sacramento
River. When the red light is on, a river-bound vessel of a size making
passing in the canalhazardous is in the lock or canal. Approaching
vessel shall stand clear of canal to permit out-going vessel to pass.
When the amber light is on, a river-bound vessel of a size to permit
passing is in the lock or canal. Vessel may enter canal with caution.
When the green light is on, vessel may enter canaland proceed under full
control.
(iv) Radio. The lock is equipped with two-way radio operating on a
frequency of 156.60 mc. The frequency is monitored by the lock
personnel.Vessels equipped with two-way radio may communicate with the
crew operating the lock but communications or signals so received will
only augment and notreplace the sound and visual signals.
(4) Permissible dimensions of vessels and tows. The lock chamber has
a maximum usable width of 86 feet and length of 600 feet. The sill at
theharbor end and the bottom of the lock chamber are -13.0 feet
elevation, CofE
[[Page 90]]
datum, and usually provides a depth of water ranging from 14.0 feetat
LLW to 19.4 feet at HHW, with greater depths during large floods in the
delta. The sill at the river end is at -10.0 feet elevation, CofE
datum,and usually provides a depth of water ranging from 14.6 feet at
LLW to 16.8 feet at HHW, with greater depths when the river is high. The
depth of water atany time is indicated by staff gages located on the
south wall of the lock, riverward and harborward of each lock gate and
at the center of the lock. Avessel must not attempt to enter the lock if
its beam or length is greater than indicated above, or if its draft
exceeds the depth of water indicated bythe gages, with due allowance for
clearance.
(5) Precedence at lock. Ordinarily, craft will be locked through in
order of arrival; however, depending upon whether the lock is full or
empty,this precedence may be modified at the discretion of the
lockmaster if boats are approaching from the opposite direction and are
within reasonable distanceof the lock at the time of the approach by the
first boat. When several craft are to pass, precedence shall be given as
follows:
First: Government owned or controlled craft.
Second: Commercial craft.
Third: Passenger boats.
Fourth: Small vessels and pleasure boats.
(6) Loss of turn. Boats that fail to enter the lock with reasonable
promptness, after being authorized to do so, shall lose their turn.
(7) Multiple lockage. The lockmaster shall decide whether one or
more vessels may be locked through at the same time.
(8) Speed. Vessels shall not be raced or crowded alongside another
in the barge canals. When entering the barge canals and lock, speed
shall bereduced to a minimum consistent with safe navigation. As a
general rule, when a number of vessels are entering the lock, the
following vessel shall remainat least 200 feet astern of the vessel
ahead. No overtaking, except when directed by lockmaster, will be
permitted.
(9) Lockage of small boats--(i) General. The lockage of pleasure
boats, skiffs, fishing boats and other small craft will becoordinated
with the lockage of commercial craft. If no commercial craft are
scheduled to be locked through within a reasonable time, not to exceed
onehour after the arrival of the small craft at the lock, separate
lockage will be made for such small craft.
(ii) Signals. Small boats desiring to use the lock will sound two
long blasts followed by two short blasts of the horn. When the lock is
readyfor entrance, the lockmaster will notify the small boat by one long
blast of the horn; or through the public address system. Permission to
leave the lockwill be given by the lockmaster by one short blast of the
horn.
(10) Mooring in lock. All boats, when in the lock, shall be moored
to the fastenings provided for that purpose, by bow and stern lines and
otherspring lines as may be necessary, and the lines shall not be let go
until the signal is given by the lockmaster for the craft to leave the
lock.
(11) Waiting for lockage. The mooring or anchoring of boats or other
craft in the approaches to the lock, where such mooring will interfere
withnavigation of the lock is prohibited. All boats, barge tows and
other craft to be passed through the lock shall lie in designated
waiting areas in suchmanner as not to interfere with the navigation of
the lock or its approaches, and, if a barge tow is to be divided into
sections for locking, the sectionsshall be brought into the lock as
directed by the lockmaster. After passing through the lock, the sections
shall be reassembled at such a distance from theentrance as not to
obstruct or interfere with navigation of the lock or its approaches.
(12) Delay in lock. Boats or barges must not obstruct navigation by
unnecessary delays in entering or leaving the lock.
(13) Damage to lock or other structures. The regulations contained
in this paragraph shall not relieve the owners and operators of vessels
fromliability for any damage by their operations to the lock or other
structures. They must use great care not to strike any part of the lock,
any gate orappurtenance thereto, or machinery for operating the gates,
or the walls protecting the banks of the approach canals. All boats with
metal nosings orprojecting irons,
[[Page 91]]
or rough surfaces that would be liable to damage the gates or lock
walls, will not be permitted to enter the lock unless providedwith
suitable buffers and fenders.
(14) Tows. Tows shall be made up outside the canal entrance. All
vessels engaged in towing other vessels not equipped with a rudder shall
use twotow lines or a bridge and one tow line. If the vessel in tow is
equipped with a rudder, one tow line may be used. All tow lines or
hawsers must be hauledas short as practicable for safe handling of tows.
(15) Crew to move craft. The pilots in charge of tows and persons in
charge of other craft must provide a sufficient number of men to
handlelines in mooring craft and to move barges and other craft into and
out of the lock easily and promptly.
(16) Handling valves, gates, bridges and machinery. No person,
unless authorized by the lockmaster shall open or close any bridge,
gate, valve oroperate any machinery in connection with the lock; but the
lockmaster may, under emergency conditions, call for assistance from the
master of any boatusing the lock, should such aid be necessary, and when
rendering such assistance, the man so employed shall be strictly under
the orders of the lockmaster.
(17) Landing of freight. No one shall land freight or baggage on or
over the walls of the lock so as in any way to delay or interfere
withnavigation or the operation of the lock.
(18) Refuse in lock. No material of any kind shall be thrown or
discharged into the lock, and no material of any kind shall be deposited
into thelock area.
(19) [Reserved]
(20) Persistent violation of regulations. If the owner or pilot of
any boat persistently violates the regulations of this paragraph after
duenotice of the same, lockage may be refused by the lockmaster at the
time of the violation or subsequent thereto, as required in the interest
of publicsafety or protection of Government property.
(21) Other laws and regulations. In all other respects, the existing
Federal laws, rules and regulations affecting navigable waters of the
UnitedStates will govern in the use, administration and navigation of
the ship channel, lock and its approaches.
[26 FR 11201, Nov. 28, 1961, as amended at 27 FR 4737, May 18, 1962; 27
FR 10484, Oct. 27, 1962; 28 FR 8461, Aug. 17, 1963; 31 FR 6590, May
3,1966; 33 FR 14166, Sept. 19, 1968; 42 FR 17120, Mar. 31, 1977; 42 FR
57962, Nov. 7, 1977; 48 FR 6708, Feb. 15, 1983; 50 FR 42696, Oct. 22,
1985; 51 FR25198, July 11, 1986; 56 FR 13765, Apr. 4, 1991]
Sec. 207.680 Willamette River, Oreg.; use, administration, and navigation of canal and locks at Willamette Falls, Oreg.
(a) Administration--(1) Administrative jurisdiction. The canal and
locks and all appurtenances shall be in the charge of the
DistrictEngineer, Portland District, Corps of Engineers, Department of
the Army, 319 S.W. Pine Street, Portland, Oregon 97208. The
representative of the DistrictEngineer at the locality shall be the
lockmaster, who shall receive his orders and instructions from the
district engineer. In case of emergency, however,the lockmaster shall
have authority to take such steps as may be immediately necessary
without waiting for instruction from the district engineer.
(2) Operational jurisdiction. The lock master shall be charged with
the immediate control and management of the canal and locks and the
groundsand public property pertaining thereto. He shall see that all
laws, rules and regulations, for the use of the canal and grounds are
duly complied with, towhich end he is authorized to give all necessary
orders and directions in accordance therewith, both to employees of the
Government and to any and everyperson within the limits of the canal and
locks or grounds pertaining thereto, whether navigating the canal or
not. In case of the absence or disability ofthe lock master, his duty
shall be performed by an assistant or other employee to be designated by
the District Engineer.
(b) Use and navigation--(1) Authority of lock master. The lock
master or his assistants shall direct the movement, operation,
andmoorage of all vessels, boats, rafts, barges, or other floating
things using the locks, while they are in the locks, the canal basin, or
in either theupstream or downstream lock approaches. Crews of vessels,
boats,
[[Page 92]]
rafts, barges, or other floating things seeking lockage shall render
such assistanceas the lock master or his assistants may require.
(2) Signals. All vessels desiring lockage shall signal the same by
one long and one short blast of the whistle, delivered at a distance
ofapproximately 1,000 feet from the locks. Requests for lockage may also
be made by contacting the lockmaster on VHF-FM radio on channel 14, at
WUJ 363,Willamette Falls Locks or by telephone or otherwise notifying
the lockmaster's office. Notice to vessels desiring lockage will be
given by red and greentraffic lights. Vessels may enter locks on green
lights, but must await green signal when lights are red. Permission to
leave the lock will be given in thesame manner. In the event a failure
occurs and the referenced lights cannot be operated, the lockmaster will
indicate by voice or by hand or lanternsignals when vessels may enter or
leave the locks.
(3) Controlling dimensions. For lockage purposes the maximum length
of space available is 175 feet and the maximum clear width available is
37feet. All vessels, boats, rafts, barges, or other floating things of
less size than the foregoing dimensions can pass through the locks. The
controllingwater depth over the intermediate miter sills throughout the
locks is 6.5 feet. However, the depth on the sill of the upstream gate
at low water is 7.5feet and over the downstream sill is 8.4 feet. The
elevation of the upstream sill is 43.7 feet and of the downstream sill
is -6.4 feet,corresponding to the elevations shown on the gages provided
at both the downstream and upstream approaches to the locks. All
vessels, boats, rafts, barges,and other floating things of which the
dimensions or draft are greater than will permit clearing any of the
above indicated elevations shall be prohibitedfrom entering the locks.
All vessels, boats, rafts, barges or other floating things entering the
locks in violation of the above shall be responsible forall resulting
damages.
(4) Precedence at locks. Ordinarily the vessel, boat, raft, barge,
or other floating thing arriving first at the lock will be locked
throughfirst. In the event of a simultaneous approach from opposite
directions ascending craft will ordinarily be locked through first. When
several boats are tobe passed through the locks, the order of precedence
shall be as follows:
(i) To boats owned by the United States or employed upon river and
harbor improvement work.
(ii) To passenger boats.
(iii) To freight and tow boats.
(iv) To rafts.
(v) To small vessels and pleasure craft.
The lock master shall have authority to digress from the above
precedence in order to eliminate reversing the flow of traffic through
the lockswhen both upbound and downbound lockages are in waiting.
(5) Entrance to locks. The lock master shall decide whether one or
more vessels may be locked through at the same time. No one shall
attempt toenter the locks with a vessel or attempt to cause a vessel to
enter the locks until he is authorized by the lock master to do so. No
one shall take avessel, or cause a vessel to be taken, within the limits
of 500 feet above the upper gate and 300 feet below the lower gate,
except for the purpose ofentering the locks; and not for this purpose
until it has been indicated to him by a proper person by signal that the
lock is ready to receive the vessel.All vessels within the foregoing
limits must be operated under ``slow bell'' and be kept constantly under
control.
(6) Lockage of small boats. Pleasure boats, skiffs, fishing boats,
and other small craft may be passed through the locks singularly, in
groups,or as part of a lockage of other than pleasure craft. A continual
flow of traffic in one direction will not be interrupted or reversed to
accommodate thesesmall pleasure boats. However, any such small boat will
be accommodated at such time as the lock master upon receipt of a
request for lockage deems suchaction will not interfere with other
traffic. The decision of the lock master shall be final as to whether
craft requesting lockage is defined as apleasure boat.
(7) Use of canal locks. No person, unless authorized by the
lockmaster or his assistants, shall open or close any
[[Page 93]]
bridge, lock gate, wicketgate, or operate any lock machinery, or in any
way interfere with any mechanism or appliance connected with the
operation of the locks, nor shall anyoneinterfere with the employees in
the discharge of their duties. The lockmaster or his assistants may call
for aid from the persons in charge of any craft,vessel, or raft using
the lock should such aid be necessary. Persons rendering such assistance
shall be strictly under the orders of the lockmaster. TheGovernment
reserves the right to refuse lockage to any vessel, craft or raft when
the persons in charge thereof refuse to give such assistance when it
isrequested. The persons in charge of vessels with tows or rafts, barges
and other craft must provide sufficient personnel, lines and towing
equipment ofsufficient power to insure at all times full control of such
tows, rafts, barges and other craft while moving into and through the
locks, unless otherwiseprearranged with the lockmaster. A copy of these
regulations shall be kept on board each vessel regularly engaged in
navigating the locks. Copies may beobtained without charge from the
lockmaster or from the District Engineer, Corps of Engineers, Department
of the Army, 319 S.W. Pine Street, Post OfficeBox 2946, Portland, Oregon
97208.
(8) Petroleum vessels. All tankers, barges, and other floating
equipment, used for transporting inflammable liquids, either with or
withoutcargo, shall be equipped with fixed timber fenders and, if not so
equipped, shall have aboard an adequate number of suitable fenders of
timber, rubber, orrope which are to be placed between the vessel and
unfendered lock structures. All such barges or other vessels navigating
without power within the canalor locks must be assisted by one or more
tugs of sufficient power to insure full control at all times whether
passing upstream or downstream through thelocks with or without cargo.
(9) Mooring in locks. All boats, barges, rafts, and other craft when
in the locks shall be moored by head and spring lines and such other
linesas may be necessary to the fastenings provided for that purpose;
and the lines shall not be unloosed until the signal is given for the
vessel to leave thelock.
(10) Mooring while waiting for lockage. The mooring of boats, tows
or other craft in the approaches to the locks where such mooring
willinterfere with navigation or other vessels to or from the locks is
prohibited.
(11) Delays. Boats, barges, rafts, or other craft must not obstruct
navigation by unnecessary delay in entering or leaving the locks.
Vesselsfailing to enter the locks with reasonable promptness, when
signaled to do so, and vessels arriving at the locks with their tows in
such shape so as toimpede lockage shall forfeit their turn.
(12) Landing of freight. No freight or baggage shall be unloaded on
or over the walls of the canal or locks. Freight and baggage consigned
to theWillamette Falls locks shall be unloaded only at such places as
may be provided for this purpose or as directed by the lock master.
(13) Refuse in canal or locks. No refuse or other material shall be
thrown or dumped from vessels into the canal and locks, or deposited in
thelock area, or placed on the berm of the canal so that it is liable to
be thrown or washed into the waterway. Violations of this paragraph
(b)(13) shall besubject to sections 13 and 16 of the River and Harbor
Act of March 3, 1899 (33 U.S.C. 407, 411).
(14) Damage to locks or other structures. The regulations contained
in this section shall not affect the liability of the owners and
operators ofvessels for any damage caused by their operations to the
locks or other structures. Persons in charge of vessels and log rafts
passing through the locksmust use great care to prevent the vessels or
log rafts from striking any gate or appurtenance thereto. All boats or
barges with metal nosings, orprojecting irons, or rough surfaces, and
log rafts with dragging cables that may damage any part of the lock
structures will not be permitted to enter thelocks unless said craft are
provided with suitable protective buffers and fenders and log rafts are
free of loose, dragging cables.
(c) [Reserved]
(d) Trespass. No one shall trespass on the grounds or buildings, and
everyone shall be deemed guilty of trespass within the meaning of
thisparagraph who
[[Page 94]]
shall willfully or carelessly damage or disfigure the canal and locks or
any part thereof, or any building or appliance on the grounds,or who
shall carry on business or trading of any sort, or shall build any
fishing stand or lead, or set any fish net within the limits of the
reservation,or do any act to or on the grounds or buildings which would
be recognized by law as a trespass.
(e) Definitions. Except as otherwise provided in paragraph (b)(6) of
this section, whenever such a word as ``vessel'',``boat'', ``barge'',
``raft'', or the like is used in this section, it shall include all
types of floating things whichmay be subject to lockage. Failure to
refer specifically to a type of floating thing by its name shall not
mean exclusion thereof from applicability ofthis section.
[19 FR 5816, Sept. 9, 1954, as amended at 35 FR 14988, Sept. 26, 1970;
48 FR 10062, Mar. 10, 1983; 56 FR 13765, Apr. 4, 1991]
Sec. 207.718 Navigation locks and approach channels, Columbia and Snake Rivers, Oreg. and Wash.
(a) General. All locks, approach channels, and all lock
appurtenances, shall be under the jurisdiction of the District Engineer,
Corps ofEngineers, U.S. Army, in charge of the locality. The district
engineer may, after issuing a public notice and providing a 30-day
opportunity for publiccomment, set (issue) a schedule for the daily
lockage of recreational vessels. Recreational vessels are pleasure boats
such a row, sail, or motor boatsused for recreational purposes.
Commercial vessels include licensed commercial passenger vessels
operating on a published schedule or regularly operatingin the ``for
hire'' trade. Any recreational schedule shall provide for a minimum of
one scheduled recreation lockage upstream and downstream(two lockages)
each day. At the discretion of the district engineer, additional
lockages may be scheduled. Each schedule and any changes to the
schedulewill be issued at least 30 days prior to implementation. Prior
to issuing any schedule or any change to the schedule, the district
engineer will considerall public comments and will evaluate the expected
energy situation, water supply, and recreation use of the lock to
determine the seasonal need for theschedule or change in schedule. The
district engineer's representative at the locks shall be the project
engineer, who shall issue orders and instructionsto the lockmaster in
charge of the lock. Hereinafter, the term ``lockmaster'' shall be used
to designate the person in immediate charge of thelock at any given
time. In case of emergency and on all routine work in connection with
the operation of the lock, the lockmaster shall have authority totake
action without waiting for instructions from the project engineer.
(b) Lockage control. The Lock Master shall be charged with immediate
control and management of the lock, and of the area set aside as the
lockarea, including the lock approach channels. Upstream and downstream
approach channels extend to the end of the wing or the guide wall,
whichever is longer.At Bonneville lock the upstream approach channel
extends to the mooring tie offs at Fort Rains and the downstream
approach channel extends to thedownstream tip of Robins Island. The Lock
Master shall demand compliance with all laws, rules and regulations for
the use of the lock and lock area and isauthorized to issue necessary
orders and directions, both to employees of the Government or to other
persons within the limits of the lock or lock area,whether navigating
the lock or not. Use of lock facilities is contingent upon compliance
with regulations, Lock Master instructions and the safety ofpeople and
property.
(c) Authority of Lock Master. No one shall initiate any movement of
any vessel in the lock or approaches except by or under the direction of
theLock Master. (``Vessel'' as used herein includes all connected units,
tugs, barges, tows, boats or other floating objects.)
(d) Signals--(1) Radio. All locks are equipped with two-way FM radio
operating on channel 14, frequency of 156.700 MHz, for both thecalling
channel and the working channel. Vessels equipped with two-way radio
desiring a lockage shall call WUJ 33 Bonneville, WUJ 34 The Dalles, WUJ
35John Day, WUJ 41 McNary, WUJ 42 Ice Harbor, WUJ 43 Lower Monumental,
WUJ 44 Little Goose, or WUJ 45 Lower Granite,
[[Page 95]]
at least one-half hour in advance ofarrival since the Lock Master is not
in constant attendance of the locks. Channel 14 shall be monitored
constantly in the vessel pilot house from the timethe vessel enters the
approach channel until its completion of exit. Prior to entering the
lock chamber, the commercial freight or log-tow vessel operatorshall
report the nature of any cargo, the maximum length, width and draft of
the vessel and whether the vessel is in any way hazardous because of
itscondition or the cargo it carries or has carried.
(2) Pull-cord signal stations. Pull-cord signal stations marked by
large instructional signs and located near the end of the upstream
anddownstream lock entrance walls may be used in place of radios to
signal the Lock Master for a lockage.
(3) Entering and exit signals. Signal lights are located outside
each lock gate. When the green (go) light is on, all vessels will enter
in thesequence prescribed by the Lock Master. When the red (stop) light
is on, the lock is not ready for entrance and vessels shall stand clear.
In addition tothe above visual signals, the Lock Master will signal that
the lock is ready for entrance by sounding one long blast on the lock
air horn. The Lock Masterwill signal that the lock is ready for exit by
lighting the green exit light and sounding one short blast on the air
horn.
(4) Craft lockage-readiness signal. Upon query from Lock Master, a
vessel operator will signal when he is properly moored and ready for
thelockage to begin.
(e) Permissible dimensions of vessels. Nominal overall dimensions of
vessels allowed in the lock chamber are 84 feet wide and 650 feet
long.Depth of water in the lock depends upon river levels which may vary
from day to day. Staff gauges showing the minimum water level depth over
gate sills arelocated inside the lock chamber near each lock gate and
outside the lock chamber near the end of both upstream and downstream
guide walls, except atBonneville where the staff gauges show water
levels in feet above MSL and are located on the southern guide walls at
the upstream and downstream mitergates. Bonneville's upstream sill
elevation is 51 feet MSL and the downstream sill elevation is -12 feet
MSL. Depth over sill at Bonneville isdetermined by subtracting the sill
elevation from the gauge reading. Vessels shall not enter the navigation
lock unless the vessel draft is at least onefoot less than the water
depth over the sill. Information concerning allowable draft for vessel
passage through the locks may be obtained from the LockMaster. Minimum
lock chamber water level depth is 15 feet except at Ice Harbor where it
is 14 feet and at Bonneville where it is 19 feet. When the riverflow at
Lower Granite exceeds 330,000 cubic feet per second the normal minimum
15-foot depth may be decreased to as little as eight feet.
(f) Precedence at lock. Subject to the order of precedence, the
vessel or tow arriving first; at the lock will be locked through first,
however,this precedence may be modified at the discretion of the
lockmaster. If immediate passage is required, lockage of vessels owned
or operated by the UnitedStates shall take precedence. The precedence of
all other vessels shall be as follows:
(1) When a recreational vessel lockage schedule is in effect, at the
appointed time for lockage of recreation craft, recreation craft shall
takeprecedence; however, commercial vessels may be locked through with
recreation craft if safety and space permit. At other than the appointed
time, thelockage of commercial and tow vessels shall take precedence and
recreational craft may (only) lock through with commercial vessels only
as provided inparagraph (h) of this section.
(2) If a recreational vessel lockage schedule is not in effect,
commercial and tow vessels shall take precedence. Recreational craft may
be lockedthrough with commercial craft. If no commercial vessels are
scheduled to be locked through within a reasonable time, not to exceed
one hour after thearrival of the recreational vessels at the lock, the
recreational vessel may be locked through separately. If a combined
lockage cannot be arranged, therecreational craft shall be locked
through after waiting three commercial lockages.
[[Page 96]]
(g) Loss of turn. Vessels that fail to enter the lock with
reasonable promptness, after being authorized to do so, shall lose their
turn.
(h) Lockage--(1) Multiple lockage. The Lock Master shall decide
whether one or more vessels or tows may be locked through at the
sametime. Vessels with flammable or highly hazardous cargo will be
passed separately from all other vessels. Hazardous materials are
described in part 171,title 49, Code of Federal Regulations. Flammable
materials are defined in the National Fire Code of the National Fire
Protection Association.
(2) Recreational craft. By mutual agreement of (all parties,) the
lockmaster and the captains of the vessels involved, recreational
vessels maybe locked through with commercial vessels. Under the
recreational vessel schedule, separate lockage will not be made by
recreational vessels except inaccordance with the recreational lockage
schedule or when circumstances warrant, such as in an emergency. When
recreational craft are locked simultaneouslywith commercial vessels, the
recreational vessel will enter the lock chamber after the commercial
vessel is secured in the chamber and when practicablewill depart while
the commercial vessel remains secured.
(3) Special schedules. Recreational boating groups may request
special schedules by contacting the district engineer. The schedule for
the dailylockage of recreational vessels will indicate the number of
boats required for a special schedule and how many days' notice is
required in order to arrangea special schedule.
(i) Mooring in approaches prohibited. Mooring or anchoring in the
approaches to the lock is prohibited where such mooring will interfere
withnavigation.
(j) Waiting for lockage. Vessels waiting for lockage shall wait in
the clear outside of the lock approach channel, or contingent upon
permissionby the Lock Master, may at their own risk, lie inside the
approach channel at a place specified by the Lock Master. At Bonneville,
vessels may at their ownrisk, lay-to at the downstream moorage facility
on the north shore downstream from the north guide wall provided a 100-
foot-wide open channel ismaintained.
(k) Mooring in lock. All vessels must be moored within the lock
chamber so that no portion of any vessel extends beyond the lines
painted on thelock walls. Moorage within the lock chamber will be to
floating mooring bits only and will be accomplished in a proper no-slip
manner. Small vessels willnot be locked with a large vessel unless the
large vessel is so moored (two mooring bits) that no lateral movement is
possible. The vessel operator willconstantly monitor the position of his
vessel and his mooring bit ties to assure that there is no fore or aft
movement of his vessel and lateral movementis minimized. Propulsion by
vessels within the lock chamber will not be permitted during closure
operation of a lock chamber gate or as otherwise directedby the Lock
Master.
(l) Crew to move craft. During the entire lockage, the vessel
operator shall constantly attend the wheelhouse, be aware of the
vessel's position,and monitor radio channel 14 on frequency 156.700 MHz,
or otherwise be constantly able to communicate with the Lock Master. At
a minimum, vessels shall beas vigilantly manned as if underway.
(m) Speed. Vessels shall be adequately powered to maintain a safe
speed and be under control at all times. Vessels shall not be raced or
crowdedalongside another in the approach channels. When entering the
lock, speed shall be reduced to a minimum consistent with safe
navigation. As a general rule,when a number of vessels are entering the
lock, the following vessel shall remain at least 200 feet astern of the
vessel ahead.
(n) Delay in lock. Vessels shall not unnecessarily delay any
operation of the locks.
(o) Landing of freight. No freight, baggage, personnel, or
passengers shall be landed on or over the walls of the lock, except by
permission anddirection of the Lock Master.
(p) Damage to lock or other structures. The regulations in this
section shall not relieve owners and/or operators of vessels from
liability forany damage to the lock or other structures or for
[[Page 97]]
the immediate removal of any obstruction. No vessel in less than stable
floating condition or havingunusual sinking potential shall enter the
locks or its approaches. Vessels must use great care not to strike any
part of the lock, any gate or appurtenancethereto, or machinery for
operating the gates, or the walls protecting the banks of the approach
channels. All vessels with projecting irons, or roughsurfaces which may
damage the gates or lock walls, shall not enter the lock unless provided
with suitable buffers and fenders. Vessels having chains,lines, or drags
either hanging over the sides or ends or dragging on the bottom for
steering or other purposes will not be permitted to pass.
(q) Tows. Prior to a lockage, the person in charge of a vessel
towing a second vessel by lines shall, at a safe distance outside of the
incomingapproach channel, secure the second vessel to the towing vessel
and keep it secured during the entire course of a lockage and until
safely clear of theoutgoing approach channel.
(r) Violation of regulations. Any violation of these regulations may
subject the owner or master of any vessel to any or all of the
following:(1) Penalties prescribed by law of the U.S. Government (33
U.S.C. part 1); (2) Report of violation to the titled owner of the
vessel; (3) Report ofviolation to the U.S. Coast Guard; (4) Refusal of
lockage at the time of violation.
(s) Refuse in locks. No material of any kind shall be thrown or
discharged into the lock, or be deposited in the lock area. Vessels
leaking orspilling cargo will be refused lockage and suitable reports
will be made to the U.S. Coast Guard. Deck cargo will be so positioned
so as not to be subjectto falling overboard.
(t) Handling valves, gates, bridges, and machinery. No person,
unless authorized by the Lock Master, shall open or close any bridge,
gate, valve,or operate any machinery in connection with the lock.
However, the Lock Master may call for assistance from the master of any
vessel using the lock, shouldsuch aid be necessary; and when rendering
such assistance, the person so employed shall be directly under the
orders of the Lock Master. Masters of vesselsrefusing to provide such
assistance when it is requested of them may be denied the use of the
lock by the Lock Master.
(u)-(v) [Reserved]
(w) Restricted areas. No vessel shall enter or remain in any
restricted area at any time without first obtaining permission from the
DistrictEngineer, Corps of Engineers, U.S. Army, or his duly authorized
representative.
(1) At Bonneville Lock and Dam. The water restricted to all vessels,
except Government vessels, are described as all waters of the Columbia
Riverand Bradford Slough within 1,000 feet above the first powerhouse,
spillway, and second powerhouse (excluding the new navigation lock
channel) and allwaters below the first powerhouse, spillway, second
powerhouse, and old navigation lock. This is bounded by a line
commencing from the westernmost tip ofRobins Island on the Oregon side
of the river and running in a South 65 degrees West direction a distance
of approximately 2,100 feet to a point 50 feetupstream of the Hamilton
Island Boat Ramp on the Washington shore. Signs designate the restricted
areas. The approach channel to the new navigation lock isoutside the
restricted area.
(2) At the Dalles Dam. The waters restricted to only Government
vessels are described as all downstream waters other than those of the
navigationlock downstream approach channel which lie between the Wasco
County Bridge and the project axis including those waters between the
powerhouse and theOregon shore and all upstream waters other than those
of the navigation lock upstream approach channel which lie between the
project axis and a lineprojected from the upstream end of the navigation
lock guide wall to the junction of the concrete structure with the earth
fill section of the dam near theupstream end of the powerhouse.
(3) At the John Day Dam. The waters restricted to only Government
vessels are described as all of the waters within a distance of about
1,000yards above the dam lying south of the navigation channel leading
to the lock and bounded by a line commencing at the upstream end of the
guide wall, andrunning in a direction 54[deg]01[min]37[sec] true for a
distance of 771 yards, thence 144[deg]01[min]37[sec] true across the
river to the south
[[Page 98]]
shoreline. The downstream limit is marked by orange and white striped
monuments on the north and south shores.
(4) At McNary Lock and Dam. The waters restricted to all vessels,
except to Government vessels, are described as all waters commencing at
theupstream end of the Oregon fish ladder thence running in the
direction of 39[deg]28[min] true for a distance of 540 yards; thence
7[deg]49[min] truefor a distance of 1,078 yards; thence 277[deg]10[min]
for a distance of 468 yards to the upstream end of the navigation lock
guidewall. The downstreamlimits commence at the downstream end of the
navigation lock guidewall thence to the south (Oregon) shore at right
angles and parallel to the axis of thedam. Signs designate the
restricted areas.
(5) At Ice Harbor Lock and Dam. The waters restricted to all
vessels, except Government vessels, are described as all waters within a
distance ofabout 800 yards upstream of the dam lying south of the
navigation lock and bound by the line commencing at the upstream end of
the guidewall, and running adirection of 91[deg]10[min] true for a
distance of 575 yards; thence 162[deg]45[min] to the south shore, a
distance of about 385 yards. The downstreamlimits commencing at the
downstream end of the guidewall; thence to the south shore, at right
angles and parallel to the axis of the dam. Signs designatethe
restricted areas.
(6) At Lower Monumental Lock and Dam. The waters restricted to all
vessels, except Government vessels, are described as all waters
commencing atthe upstream of the navigation lock guidewall and running
in a direction of 46[deg]25[min] true for a distance of 344 yards;
thence 326[deg]19[min]true for a distance of 362 yards; thence
243[deg]19[min] true for a distance of 218 yards; thence 275[deg]59[min]
true to the north shore a distance ofabout 290 yards. The downstream
limits commence at the downstream end of the navigation lock guidewall;
thence to the north shore, at right angles andparallel to the axis of
the dam. Signs designate the restricted areas.
(7) At Little Goose Lock and Dam. The waters restricted to all
vessels, except Government vessels, are described as all waters
commencing at theupstream of the navigation lock guidewall and running
in a direction of 60[deg]37[min] true for a distance of 676 yards;
thence 345[deg]26[min] truefor a distance of 494 yards; thence
262[deg]37[min]47[sec] true to the dam embankment shoreline. The
downstream limits commence 512 yards downstream andat right angles to
the axis of the dam on the south shore; thence parallel to the axis of
the dam to the north shore. Signs designate the restricted areas.
(8) At Lower Granite Lock and Dam. The waters restricted to all
vessels, except Government vessels, are described as all waters
commencing at theupstream of the navigation lock guidewall thence
running in the direction of 131[deg]31[min] true for a distance of 608
yards; thence 210[deg]46[min]true to the south shore, a distance of
about 259 yards. The downstream limits commence at the downstream end of
navigation lock guidewall; thence to thesouth shore, at right angles and
parallel to the axis of the dam. Signs designate the restricted areas.
[43 FR 3115, Jan. 23, 1978, as amended at 52 FR 22310, June 11, 1987; 56
FR 13765, Apr. 4, 1991; 65 FR 4125, Jan. 26, 2000; 71 FR 25503, May
1,2006]
Sec. 207.750 Puget Sound Area, Wash.
(a) Waterway connecting Port Townsend and Oak Bay; use,
administration and navigation--(1) Works to which the regulations apply.
The``canal grounds'' when used in this paragraph shall mean that area
between the south end of the jetties in Oak Bay and the northern end of
thedredge channel approximately 400 yards northwest of Port Townsend
Canal Light. The ``canal'' is the water lying between these limits and
thebanks containing the same.
(2) [Reserved]
(3) Trading, landing, etc. No business, loading, or landing of
freight or baggage will be allowed on or over the canal piers or
bulkheads.
(4) Refuse. No person shall throw material of any kind into the
canal.
(5) [Reserved]
(6) Obstructions. On the canal's being obstructed by a vessel, raft,
or other craft, by sinking, grounding, or otherwise, the District
Engineer,Seattle, shall be notified by telephone or telegraph as soon as
possible by the person
[[Page 99]]
in charge of the obstructing vessel, raft, or craft.
(b) Lake Washington Ship Canal; use, administration and navigation--
(1) Definitions. The term ``canal'' as used in theregulations in this
paragraph shall include the water area in the locks and the channel and
adjacent waters from a point 5,500 feet northwest of theBurlington
Northern, Inc. railway bridge to the east end of the channel opposite
Webster Point, Lake Washington. The term ``canal grounds''shall include
all grounds set aside for the use of the canal or occupied in its
construction.
(2) Supervision. The canal and all its appurtenances shall be under
the supervision of the District Engineer, Corps of Engineers, Seattle.
TheDistrict Engineer will detail as many assistants as may be necessary
for the efficient operation of the canal and the enforcement of the
regulations inthis paragraph. The movement of all vessels and other
floating things in the canal and approaches thereto shall be under the
direction of the DistrictEngineer and his authorized assistants. All
orders given under the regulations to any master or person in charge of
any vessel, raft, or other watercraftby the District Engineer or his
authorized assistants, either in person or through any canal operative,
shall be acknowledged and obeyed. Failure to see,understand, or comply
with signals or instructions shall constitute a violation of the
regulations. Any person refusing to comply with the regulations orany
orders given in pursuance thereof may be denied the privileges of the
canal or canal grounds.
(3) Speed. To avoid damage to other vessels and to property along
the shores, all vessels shall proceed at reduced speed in the canal as
follows:
(i) From the west entrance of the Lake Washington Ship Canal to the
western end of the west guide pier of the Hiram M. Chittenden Locks, and
from theeast end of the easternmost guide pier of said Locks to the
white flashing dolphin located south of Webster Point on Lake
Washington, including all ofSalmon Bay, Lake Union, Portage Bay, and
Union Bay, it shall be unlawful for any person to operate any watercraft
or vessel at a speed in excess of 7nautical miles per hour within 200
feet of any shoreline, pier, restricted area or shore installation.
(ii) From the western end of the aforesaid west guide pier to the
eastern end of the aforesaid east guide pier at said Locks, it shall be
unlawful forany person to operate any watercraft or vessel at a speed in
excess of 4 nautical miles per hour.
Note: Signs are located along the canal to indicate permissible
speeds.
(4) Traffic signal lights. In addition to the lock signal lights
described in paragraph (g)(5)(ii) of this section, a red light, and a
greenlight are installed on the west side of the Ballard Bridge, on the
east side of the Fremont Bridge, 1,000 feet west of the Montlake Bridge,
and 1,000 feeteast of the Montlake Bridge, for the guidance of vessels
approaching the sections of the canal between Salmon Bay and Lake Union
and between Lake Union andLake Washington, respectively. Vessels of 300
gross tons and over and all vessels with tows, except as hereinafter
provided, shall not pass the red lights.The green lights will indicate
that vessels may proceed. Vessels of less than 300 gross tons without
tows may disregard these signals, but they shalltravel at very slow
speed when passing other vessels. Vessels of 300 gross tons and over and
vessels with tows, except logs, whose destination is easterlybetween the
Ballard Bridge and a point 2,500 feet east of the Ballard Bridge, may
pass the red signals on the Ballard Bridge, provided, such passage
willnot interfere with approaching traffic.
(5) Approaching and passing through locks--(i) Signals for locks.
Vessels with tows desiring to use the locks shall so indicate bytwo long
and three short blasts of a whistle, horn, or megaphone. All other
vessels desiring to use the locks shall so indicate by two long and two
shortblasts.
Note: The term ``long blasts'' means blasts of four seconds
duration, and the term ``short blasts'' means blasts of onesecond
duration. Signals for the opening of drawbridges are prescribed in Sec.
117.795 of chapter I.
(ii) Lock signal lights. Red and green signal lights are installed
on the guide pier west of the Burlington Northern, Inc. railway bridge
belowthe locks. The green light will indicate to vessels bound for the
large lock that the lock
[[Page 100]]
has been made ready. If the red light is burning, vesselsbound for the
large lock shall moor at the pier. Vessels bound for the small lock
shall be guided into the small lock by traffic signals thereon.
Themasters of all vessels approaching the locks from Puget Sound shall
be alert to receive and shall immediately comply with instructions by
voice or signalfrom the employee on the west pier.
(iii) Precedence at locks. All vessels approaching the locks shall
stop at the points indicated by signs placed on the canal piers or as
directedby a lockman until ordered to proceed into the lock. Unless
otherwise directed by the District Engineer or his authorized
assistants, vessels owned oroperated by the United States or the City of
Seattle and passenger vessels operating on a regular schedule shall have
precedence over all others in passingthrough the locks. Registered
merchant vessels shall have precedence over pleasure craft, which shall
pass through in the order of their arrival at thelocks, and both shall
have precedence over vessels towing floated timber or logs. Tows of
floated timber and logs may be denied the use of the locks duringcertain
hours when both locks are busy passing other traffic. However, advance
notice will be given towboat companies as to the periods when log tows
willbe denied lockage.
(iv) Entering locks. Masters of vessels shall exercise the greatest
care when entering either lock. The forward movement of vessels while
takingposition in the locks shall be very slow, and boats entering the
small lock shall reduce their speed to not more than two and one-half
miles per hour whenwithin 200 feet of the outer gate and come to
practically a full stop before entering the lock so that in case the
engine mechanism fails to operateproperly the momentum of the boat may
be stopped easily by its lines. The masters of vessels entering either
lock from either direction shall be alert toreceive and shall
immediately comply with instructions by voice or signal from the lock
attendants.
(v) Mooring in locks. Vessels entering the locks shall be equipped
with adequate lines, at least 50 feet in length being required fore and
aft.While in the large lock vessels and rafts will be moored at the top
of the lock wall. While in the small lock vessels shall be moored to the
floatingmooring wall. Lines shall not be released until the signal has
been given by the lock force to leave the lock, after which there shall
be no delay inleaving. All vessels not equipped to handle tie-up lines
with power winches shall be equipped with suitable mooring lines of
manila, or other suitablefiber, of sufficient size and strength to hold
the vessel against the currents to be met within the lock chamber. The
use of wire rope for tie-up byvessels not equipped to handle such lines
with power winches is prohibited. Vessels may be denied the use of the
locks if their lines are not in goodcondition, or if the mooring bits on
barges are not accessible or are not equipped to prevent lines from
slipping off when the water is lowered in thelock. All vessels entering
the locks should have, in addition to the master, at least one person on
deck to handle lines. Mates and deckhands, whenpreparing to moor within
the lock chambers, should not throw heavy mooring lines at the lockmen
on the walls, but should wait for a heaving lie to bepassed to them
unless otherwise directed. All towboat crews, while locking or moving a
tow out of the lock chamber, should station themselves so as topreclude
the possibility of being injured by the parting of cable or lines under
strain. Persons attempting to take vessels through the locks
withoutassistance on deck may be required to wait until the lock is
clear of other traffic before passing through. All operators of vessels
are especiallycautioned to use extreme care while crowded in the locks
to avoid accident or fire on their boats. Under no circumstances will
small craft, such asrowboats, launches and houseboats, or any other type
of pleasure boats, be locked through with barges used for carrying any
type of petroleum product orother hazardous material. At the discretion
of the lockmaster, small craft as described above may be locked through
with barge tows containing other thandangerous material. Operators of
small vessels and larger vessels operating in the proximity of each
[[Page 101]]
other shall be alert to the danger arising fromthe limited
maneuverability of the larger vessels, and shall exercise all
precautions to prevent accident.
(6) Damage to locks or other structures. (i) The regulations in this
paragraph shall not affect the liability of the owners and operators
ofvessels for any damage caused by their operations to the locks or
other structures. The sides and corners of all vessels and rafts passing
through thelocks should be free from spikes or projections of any kind
which might damage the locks or other structures. Vessels with
appurtenances or projectionswhich might damage the locks or other
structures shall be fitted with adequate fenders. Lockage of leaking
vessels or vessels with overhanging loads may berefused. Such barge or
craft shall be moored in a location outside of the channel approach to
the lock so as to not interfere with passing navigation.Vessels of
unusual dimensions, or other characteristics which, in the opinion of
the lockmaster, pose a threat to the integrity or safety of the locks
orcanal will be refused passage until written permission to pass is
provided by the District Engineer. Sufficient written data and drawings
shall be providedthe District Engineer that an engineering determination
can be made as to the safety of the vessel. The District Engineer shall
have the right to inspectany such vessels prior to passage. The
operators of all vessels shall use care to avoid striking the guide
walls or other structures pertaining to thecanal.
(ii) In the interest of safety and fire prevention, all woven rope
fenders used with barges carrying flammable cargo should be water-soaked
orotherwise fireproofed prior to entering the lock approaches.
(iii) Burning fenders should be dropped overboard immediately rather
than being placed on the deck of a barge or towboat.
(iv) A minimum of one man with a portable fender shall be stationed
at the head end of every tow of hazardous cargo and at the aft if the
lockmaster sodirects so as to protect the lock and guide walls from
damage while entering or departing the lock structures.
(v) All cylinder or containers holding gases under pressure, or any
other chemical or substance, shall be securely fastened to the hull of
the vesselto prevent their rolling overboard into the lock chamber and
becoming a hazard.
(vi) All containers holding paint, gasoline or other volatile
materials shall be securely fastened with tight-fitting covers. To
preclude aconcentration of potentially explosive vapors, no paint will
be allowed to be applied to the exterior of vessel hulls, houses,
machinery, or otherequipment while the vessels are in the lock chamber.
(vii) All hatches of tank barges must be closed prior to entering
lock. Tank barges with open hatch or hatches will be denied lockage.
(viii) No smoking will be permitted aboard vessels with cargoes of
fuel or explosives.
(ix) All vessels carrying hazardous cargoes shall so be identified
with the lockmaster. They shall be in compliance with Department of
Transportation(U.S. Coast Guard) regulations (CFR title 46, parts 30
thru 40, parts 146 thru 154, and 49 CFR parts 171 thru 179 and shall
accordingly carry requiredmarkings. All DOT safety regulations for
transit of hazardous cargoes shall be adhered to, whether or not
specifically cited or duplicated herein.
(7) [Reserved]
(8) Rafts. (i) No log raft exceeding 700 feet in length or 76 feet
in width shall pass through the canal. Boom sticks shall be smooth,
withrounded ends, and securely tied together with cables, chains, or log
swifters to prevent the raft from spreading while in the lock. Rafts
containing logsthat do not float above water for their entire length, or
are in danger of being submerged when they enter fresh water, shall not
be towed in the canaluntil such logs are securely fastened so as to
prevent their escape from the raft.
(ii) Whenever required, log rafts passing in through the lock will
be given a number that shall be fastened on one of the logs in the raft.
This numberwill identify the raft and shall not be removed until the
logs are used.
(iii) Two floats are maintained in Shilshole Bay near the entrance
of the canal channel to facilitate the handling of logs in the canal.
Rafts boundfor the canal may be moored at one of
[[Page 102]]
these floats, only the portion of the raft that is to be taken through
at a single lockage being brought intothe canal. The remainder of the
raft may be left at the float until the first portion has been towed to
its destination above the lock.
(9) Tows. All vessels engaged in towing shall use tow lines of the
least practicable length and shall have full control of their tows at
alltimes. Towing more than one craft abreast is forbidden if the total
width of the tow, including the towboat, exceeds 70 feet.
(10) Obstructing navigation. (i) All vessels and tows passing
through the canal shall be kept as close as practicable to the center
or, whensafer, to the right side of the waterway, except when passing
other craft or preparing to moor at a pier or wharf. Slowly moving log
rafts, tows, orvessels shall, whenever practicable, pull out of the way
when meeting other vessels or when other traffic proceeding in the same
direction desires to pass.Vessels are forbidden to obstruct the canal in
any way or to delay by slow passage through the canal the progress of
other vessels. Small and readilymaneuverable vessels operating in the
vicinity of larger, less maneuverable vessels shall, in all cases, keep
clear and operate with caution in order thatthe larger vessels may
maintain safe steerage way and that hazards to all vessels may be
reduced. All vessels shall operate with extreme caution andmovements
shall be made only when adequate precautions for the safety of other
vessels and property are being effectively employed.
(ii) The placing of logs, vessels, or other floating objects within
the limits of the dredged channels or anywhere in the canal where they
mayinterfere with navigation to or from piers or industrial plants is
prohibited.
(11) Turning. Vessels exceeding 100 feet in length shall not turn
around, or attempt to turn around, in the concrete revetted portions of
thecanal at the Fremont Cut or Portage Cut sections of the canal.
(12) Excessive working of propellers or engines. Excessive working
of the propellers of a vessel for purposes of testing or for other
purposeswhen this creates objectionable or dangerous currents in the
canal is forbidden. In case of grounding, the rapid or strong working of
the vessel's enginesis forbidden.
(13) Landing or mooring. No business, trading, or landing of
passengers, freight, or baggage will be allowed on or over the canal
piers or lockwalls, or over the piers or grounds forming a part of the
canal or its appurtenances. All persons in charge of or employed on any
boat are prohibited fromlanding or mooring such boat at any of the canal
piers, unless in transit through the canal or specially permitted to do
so by the District Engineer or hisauthorized assistants.
(14) Deposit of refuse. The deposit, either from watercraft or from
the shore, of any oil or refuse matter in the canal or upon the canal
groundsis prohibited, nor shall water discharged from the side of a
vessel be allowed to spill on the lock wall.
(15) Aids to navigation. Persons in charge of log rafts or other
tows, and the masters of vessels and boats using the canal, shall keep a
carefulwatch when passing buoys or other aids to navigation and promptly
report to the District Engineering or his authorized assistants any
displacement ordamage to such aids.
Note: Aids to navigation and other related data are shown on
Nautical Chart No. 18447 published by the National Ocean Survey.
(16) Operation of salt water barrier in the large lock of the Hiram
M. Chittenden Locks. (i) A salt water barrier is installed across the
eastend of the large lock. This barrier, while in the depressed
position, reduces the depth of the water available at the east end of
this chamber from 36 feetto 33.75 feet at low lake elevation (20 feet
above MLLW). In the raised position, the depth of water will be reduced
to 16 feet. In comparison, the depthof water available for navigation at
the west end of the large lock chamber is 29 feet at mean lower low
water. The purpose of this barrier is to reducesalt water intrusion into
Lake Washington through normal operations of the locks.
(ii) The least depth of water available over the barrier when raised
will be shown on signs placed near the ends of the guide piers to the
large lock.A yellow light mounted on these signs will
[[Page 103]]
be lighted only while the barrier is in a raised position.
(iii) Vessels transiting the lock from east to west having draft
requirements that exceed the water depth available over the barrier will
advise thelockmaster by sounding one long and two short blasts of a horn
or whistle. When the yellow light is extinguished on the signboard, the
operator of thevessel may assume the barrier has been lowered.
(iv) Vessels transiting the lock from west to east having draft
requirements that exceed the depth available over the intrusion barrier
will advise thelockmaster by sounding one long and two short blasts of a
horn or whistle. A yellow light mounted on a standard on the south lock
wall and opposite theintrusion barrier will be lighted only when the
barrier is in the raised position.
(v) It shall be the responsibility of the vessel operator to satisfy
himself of the position of this barrier prior to passing over it.
(c) West Waterway, Seattle Harbor; navigation. (1) The movement of
vessels of 250 gross tons or over and all vessels with tows of any
kindthrough the narrow section of West Waterway between the bend at
Fisher's Flour Mill dock and the bend at the junction of East Waterway
with DuwamishWaterway, and through the draws of the City of Seattle and
Northern Pacific Railway Company bridges crossing this narrow section,
shall be governed by redand green traffic signal lights mounted on the
north and south sides of the west tower of the City Light power crossing
at West Spokane Street.
(2) Two green lights, one vertically above the other, displayed
ahead of a vessel, shall indicate that the waterway is clear. Two red
lights, onevertically above the other, displayed ahead of a vessel,
shall indicate that the waterway is not clear.
(3) A vessel approaching the narrow section and drawbridges from
either end of the waterway shall give one long blast of a whistle and
shall not enterthe narrow section until green lights are displayed.
(4) One vessel may follow another vessel in either direction, but
the channel shall not be kept open in the same direction for an
unreasonable time ifa vessel is waiting at the other end.
(5) Tugs, launches, and small craft shall keep close to one side of
the channel when vessels or boats with tows are passing.
(6) All craft shall proceed with caution. The display of a green
light is not a guarantee that the channel is clear of traffic, and
neither the UnitedStates nor the City of Seattle will be responsible for
any damage to vessels or other property which may be chargeable to
mistakes in the operation of thesignal lights or to their failure to
operate.
[26 FR 11203, Nov. 28, 1961]
Editorial Note: For Federal Register citations affecting Sec.
207.750, see the List of CFR Sections Affected, which appearsin the
Finding Aids section of the printed volume and on GPO Access.
Sec. 207.800 Collection of navigation statistics.
(a) Definitions. For the purpose of this regulation the following
terms are defined:
(1) Navigable waters of the United States means those waters of the
United States that are subject to the ebb and flow of the tide shoreward
tothe mean high water mark, and/or are presently used, or have been used
in the past, or may be susceptible to use to transport interstate or
foreigncommerce. (See 33 CFR part 329 for a more complete definition of
this term.)
(2) Offenses and Violations mean:
(i) Failure to submit a required report.
(ii) Failure to provide a timely, accurate, and complete report.
(iii) Failure to submit monthly listings of idle vessels or vessels
in transit.
(iv) Failure to submit a report required by the lockmaster or canal
operator.
(3) Leased or chartered vessel means a vessel that is leased or
chartered when the owner relinquishes control of the vessel through
acontractual agreement with a second party for a specified period of
time and/or for a specified remuneration from the lessee. Commercial
movements on anaffreightment basis are not considered a lease or charter
of a particular vessel.
[[Page 104]]
(4) Person or entity means an individual, corporation, partnership,
or company.
(5) Timely means vessel and commodity movement data must be received
by the Waterborne Commerce Statistics Center within 30 days after the
closeof the month in which the vessel movement or nonmovement takes
place.
(6) Commercial vessel means a vessel used in transporting by water,
either merchandise or passengers for compensation or hire, or in the
courseof business of the owner, lessee, or operator of the vessel.
(7) Reporting situation means a vessel movement by an operator that
is required to be reported. Typical examples are listed in the
instructionson the various ENG Forms. Five typical movements that are
required to be reported by vessel operating companies include the
following examples:
Company A is the barge owner, and the barge transports corn from
Minneapolis, MN to New Orleans, LA, with fleeting at Cairo, IL.
(i) Lease/Charter: If Company A leases or charters the barge to
Company B, then Company B is responsible for reporting the movements of
the bargeuntil the lease/charter expires.
(ii) Interline movement: A barge is towed from Minneapolis to Cairo
by Company A, and from Cairo to New Orleans by Company B. Since Company
A isthe barge owner, and the barge is not leased. Company A reports the
entire movement of the barge with an origin of Minneapolis and a
destination of NewOrleans.
(iii) Vessel swap/trade: Company A swaps barge with Company B to
allow Company B to meet a delivery commitment to New Orleans. Since
Company Ahas not leased/chartered the barge, Company A is responsible
for filing the report. Company B is responsible for filing the report on
the barge which istraded to Company A. The swap or trade will not affect
the primary responsibility for reporting the individual vessel
movements.
(iv) Re-Consignment: Barge is reconsigned to Mobile, AL. Company A
reports the movements as originating in Minneapolis and terminating in
Mobile.The point from which barge is reconsigned is not reported, only
points of loading and unloading.
(v) Fleeting: Barge is deposited at a New Orleans fleeting area by
Company A and towed by Company B from fleeting area to New Orleans area
dockfor unloading. Company A, as barge owner, reports entire movements
from Minneapolis to the unloading dock in New Orleans. Company B does
not report anybarge movement.
(b) Implementation of the waterborne commerce statistics provisions
of the River and Harbor Act of 1922, as amended by the Water Resources
DevelopmentAct of 1986 (Pub. L. 99-662), mandates the following.
(1) Filing requirements. Except as provided in paragraph (b)(2) of
this section, the person or entity receiving remuneration for the
movement ofvessels or for the transportation of goods or passengers on
the navigable waters is responsible for assuring that the activity
report of commercial vesselsis timely filed.
(i) For vessels under lease/charter agreements, the lessee or
charterer of any commercial vessel engaged in commercial transportation
will beresponsible for the filing of said reports until the lease/
charter expires.
(ii) The vessel owner, or his designated agent, is always the
responsible party for ensuring that all commercial activity of the
vessel is timelyreported.
(2) The following Vessel Information Reports are to be filed with
the Army Corps of Engineers, at the address specified on the ENG Form,
and are toinclude:
(i) Monthly reports. These reports shall be made on ENG Forms
furnished upon written request of the vessel operating companies to the
Army Corpsof Engineers. The forms are available at the following
address: U.S. Army Corps of Engineers, Waterborne Commerce Statistics
Center, Post Office Box 61280,New Orleans, Louisiana 70161-1280.
(A) All movements of domestic waterborne commercial vessels shall be
reported, including but not limited to: Dry cargo ship and tanker moves,
loadedand empty barge moves, towboat moves, with or without barges in
tow, fishing vessels, movements of crew
[[Page 105]]
boats and supply boats to offshore locations,tugboat moves and movements
of newly constructed vessels from the shipyard to the point of delivery.
(B) Vessels idle during the month must also be reported.
(C) Notwithstanding the above requirements, the following waterborne
vessel movements need not be reported:
(1) Movements of recreational vessels.
(2) Movements of fire, police, and patrol vessels.
(3) Movements of vessels exclusively engaged in construction (e.g.,
piledrivers and crane barges). Note: however, that movements ofsupplies,
materials, and crews to or from the construction site must be timely
reported.
(4) Movements of dredges to or from the dredging site. However,
vessel movements of dredged material from the dredging site to the
disposal sitemust be reported.
(5) Specific movements granted exemption in writing by the
Waterborne Commerce Statistics Center.
(D) ENG Forms 3925 and 3925b shall be completed and filed by vessel
operating companies each month for all voyages or vessel movements
completed duringthe month. Vessels that did not complete a move during
the month shall be reported as idle or in transit.
(E) The vessel operating company may request a waiver from the Army
Corps of Engineers, and upon written approval by the Waterborne Commerce
Center,the company may be allowed to provide the requisite information
of the above paragraph (D), on computer printouts, magnetic tape,
diskettes, or alternatemedium approved by the Center.
(F) Harbor Maintenance Tax information is required on ENG Form 3925
for cargo movements into or out of ports that are subject to the
provisions ofsection 1402 of the Water Resources Development Act of 1986
(Pub. L. 99-662).
(1) The name of the shipper of the commodity, and the shipper's
Internal Revenue Service number or Social Security number, must be
reported onthe form.
(2) If a specific exemption applies to the shipper, the shipper
should list the appropriate exemption code. The specific exemption codes
arelisted in the directions for ENG Form 3925.
(3) Refer to 19 CFR part 24 for detailed information on exemptions
and ports subject to the Harbor Maintenance Tax.
(ii) Annual reports. Annually an inventory of vessels available for
commercial carriage of domestic commerce and vessel characteristics must
befiled on ENG Forms 3931 and 3932.
(iii) Transaction reports. The sale, charter, or lease of vessels to
other companies must also be reported to assure that proper decisions
aremade regarding each company's duty for reporting vessel movements
during the year. In the absence of notification of the transaction, the
former company ofrecord remains responsible until proper notice is
received by the Corps.
(iv) Reports to lockmasters and canal operators. Masters of self-
propelled non-recreational vessels which pass through locks and canals
operatedby the Army Corps of Engineers will provide the data specified
on ENG Forms 3102b, 3102c, and/or 3102d to the lockmaster, canal
operator, or his designatedrepresentative in the manner and detail
dictated.
(c) Penalties for noncompliance. The following penalties for
noncompliance can be assessed for offenses and violations.
(1) Criminal penalties. Every person or persons violating the
provisions of this regulation shall, for each and every offenses, be
liable to afine of not more than $5,000, or imprisonment not exceeding
two months, to be enforced in any district court in the United States
within whose territorialjurisdiction such offense may have been
committed.
(2) Civil penalties. In addition, any person or entity that fails to
provide timely, accurate, and complete statements or reports required to
besubmitted by this regulation may also be assessed a civil penalty of
up to $2,500 per violation under 33 U.S.C. 555, as amended.
(3) Denial of passage. In addition to these fines, penalties, and
imprisonments, the lockmaster or canal operator can refuse to allow
vesselpassage.
[[Page 106]]
(d) Enforcement policy. Every means at the disposal of the Army
Corps of Engineers will be utilized to monitor and enforce
theseregulations.
(1) To identify vessel operating companies that should be reporting
waterborne commerce data, The Corps will make use of, but is not limited
to, thefollowing sources.
(i) Data on purchase and sale of vessels.
(ii) U.S. Coast Guard vessel documentation and reports.
(iii) Data collected at Locks, Canals, and other facilities operated
by the Corps.
(iv) Data provided by terminals on ENG Form 3926.
(v) Data provided by the other Federal agencies including the
Internal Revenue Service, Customs Service, Maritime Administration,
Department ofTransportation, and Department of Commerce.
(vi) Data provided by ports, local facilities, and State or local
governments.
(vii) Data from trade journals and publications.
(viii) Site visits and inspections.
(2) Notice of violation. Once a reporting violation is determined to
have occurred, the Chief of the Waterborne Commerce Statistics Center
willnotify the responsible party and allow 30 days for the reports to be
filed after the fact. If the reports are not filed within this 30-day
notice period,then appropriate civil or criminal actions will be
undertaken by the Army Corps of Engineers, including the proposal of
civil or criminal penalties fornoncompliance. Typical cases for criminal
or civil action include, but are not limited to, those violations which
are willful, repeated, or have asubstantial impact in the opinion of the
Chief of the Waterborne Commerce Statistics Center.
(3) Administrative assessment of civil penalties. Civil penalties
may be assessed in the following manner.
(i) Authorization. If the Chief of the Waterborne Commerce
Statistics Center finds that a person or entity has failed to comply
with any of theprovisions specified herein, he is authorized to assess a
civil penalty in accordance with the Class I penalty provisions of 33
CFR part 326. Provided,however, that the procedures in 33 CFR part 326
specifically implementing the Clean Water Act (33 U.S.C. 1319(g)(4)),
public notice, comment period, andstate coordination, shall not apply.
(ii) Initiation. The Chief of the Waterborne Commerce Statistics
Center will prepare and process a proposed civil penalty order which
shall statethe amount of the penalty to be assessed, describe by
reasonable specificity the nature of the violation, and indicate the
applicable provisions of 33 CFRpart 326.
(iii) Hearing requests. Recipients of a proposed civil penalty order
may file a written request for a hearing or other proceeding. This
requestshall be as specified in 33 CFR part 326 and shall be addressed
to the Director of the Water Resources Support Center, Casey Building,
Fort Belvoir,Virginia 22060-5586, who will provide the requesting person
or entity with a reasonable opportunity to present evidence regarding
the issuance,modification, or revocation of the proposed order.
Thereafter, the Director of the Water Resources Center shall issue a
final order.
(4) Additional remedies. Appropriate cases may also be referred to
the local U.S. Attorney for prosecution, penalty collection, injunctive,
andother relief by the Chief of the Waterborne Commerce Statistics
Center.
[56 FR 13765, Apr. 4, 1991]
PART 208_FLOOD CONTROL REGULATIONS--Table of Contents
Sec.
208.10 Local flood protection works; maintenance and operation of
structures and facilities.
208.11 Regulations for use of storage allocated for flood control or
navigation and/or project operation at reservoirs subject to
prescription ofrules and regulations by the Secretary of the
Army in the interest of flood control and navigation.
208.19 Marshall Ford Dam and Reservoir (Mansfield Dam and Lake Travis),
Colorado River, Tex.
208.22 Twin Buttes Dam and Reservoir, Middle and South Concho Rivers,
Tex.
208.25 Pensacola Dam and Reservoir, Grand (Neosho) River, Okla.
208.26 Altus Dam and Reservoir, North Fork Red River, Okla.
208.27 Fort Cobb Dam and Reservoir, Pond (Cobb) Creek, Oklahoma.
[[Page 107]]
208.28 Foss Dam and Reservoir, Washita River, Oklahoma.
208.29 Arbuckle Dam and Lake of the Arbuckles, Rock Creek, Okla.
208.32 Sanford Dam and Lake Meredith, Canadian River, Tex.
208.33 Cheney Dam and Reservoir, North Fork of Ninnescah River, Kans.
208.34 Norman Dam and Lake Thunderbird, Little River, Okla.
208.82 Hetch Hetchy, Cherry Valley, and Don Pedro Dams and Reservoirs.
Authority: Sec. 7, 58 Stat. 890; 33 U.S.C. 709.
Sec. 208.10 Local flood protection works; maintenance and operation of structures and facilities.
(a) General. (1) The structures and facilities constructed by the
United States for local flood protection shall be continuously
maintained insuch a manner and operated at such times and for such
periods as may be necessary to obtain the maximum benefits.
(2) The State, political subdivision thereof, or other responsible
local agency, which furnished assurance that it will maintain and
operate floodcontrol works in accordance with regulations prescribed by
the Secretary of the Army, as required by law, shall appoint a permanent
committee consisting ofor headed by an official hereinafter called the
``Superintendent,'' who shall be responsible for the development and
maintenance of, anddirectly in charge of, an organization responsible
for the efficient operation and maintenance of all of the structures and
facilities during flood periodsand for continuous inspection and
maintenance of the project works during periods of low water, all
without cost to the United States.
(3) A reserve supply of materials needed during a flood emergency
shall be kept on hand at all times.
(4) No encroachment or trespass which will adversely affect the
efficient operation or maintenance of the project works shall be
permitted upon therights-of-way for the protective facilities.
(5) No improvement shall be passed over, under, or through the
walls, levees, improved channels or floodways, nor shall any excavation
or constructionbe permitted within the limits of the project right-of-
way, nor shall any change be made in any feature of the works without
prior determination by theDistrict Engineer of the Department of the
Army or his authorized representative that such improvement, excavation,
construction, or alteration will notadversely affect the functioning of
the protective facilities. Such improvements or alterations as may be
found to be desirable and permissible under theabove determination shall
be constructed in accordance with standard engineering practice. Advice
regarding the effect of proposed improvements oralterations on the
functioning of the project and information concerning methods of
construction acceptable under standard engineering practice shall
beobtained from the District Engineer or, if otherwise obtained, shall
be submitted for his approval. Drawings or prints showing such
improvements oralterations as finally constructed shall be furnished the
District Engineer after completion of the work.
(6) It shall be the duty of the superintendent to submit a
semiannual report to the District Engineer covering inspection,
maintenance, and operationof the protective works.
(7) The District Engineer or his authorized representatives shall
have access at all times to all portions of the protective works.
(8) Maintenance measures or repairs which the District Engineer
deems necessary shall be promptly taken or made.
(9) Appropriate measures shall be taken by local authorities to
insure that the activities of all local organizations operating public
or privatefacilities connected with the protective works are coordinated
with those of the Superintendent's organization during flood periods.
(10) The Department of the Army will furnish local interests with an
Operation and Maintenance Manual for each completed project, or separate
usefulpart thereof, to assist them in carrying out their obligations
under this part.
(b) Levees--(1) Maintenance. The Superintendent shall provide at all
times such maintenance as may be required to insureserviceability of the
structures in time of flood. Measures shall be taken to promote the
growth of sod,
[[Page 108]]
exterminate burrowing animals, and to providefor routine mowing of the
grass and weeds, removal of wild growth and drift deposits, and repair
of damage caused by erosion or other forces. Wherepracticable, measures
shall be taken to retard bank erosion by planting of willows or other
suitable growth on areas riverward of the levees. Periodicinspections
shall be made by the Superintendent to insure that the above maintenance
measures are being effectively carried out and, further, to be
certainthat:
(i) No unusual settlement, sloughing, or material loss of grade or
levee cross section has taken place;
(ii) No caving has occurred on either the land side or the river
side of the levee which might affect the stability of the levee section;
(iii) No seepage, saturated areas, or sand boils are occurring;
(iv) Toe drainage systems and pressure relief wells are in good
working condition, and that such facilities are not becoming clogged;
(v) Drains through the levees and gates on said drains are in good
working condition;
(vi) No revetment work or riprap has been displaced, washed out, or
removed;
(vii) No action is being taken, such as burning grass and weeds
during inappropriate seasons, which will retard or destroy the growth of
sod;
(viii) Access roads to and on the levee are being properly
maintained;
(ix) Cattle guards and gates are in good condition;
(x) Crown of levee is shaped so as to drain readily, and roadway
thereon, if any, is well shaped and maintained;
(xi) There is no unauthorized grazing or vehicular traffic on the
levees;
(xii) Encroachments are not being made on the levee right-of-way
which might endanger the structure or hinder its proper and efficient
functioningduring times of emergency.
Such inspections shall be made immediately prior to the beginning of the
flood season; immediately following each major high water period,
andotherwise at intervals not exceeding 90 days, and such intermediate
times as may be necessary to insure the best possible care of the levee.
Immediatesteps will be taken to correct dangerous conditions disclosed
by such inspections. Regular maintenance repair measures shall be
accomplished during theappropriate season as scheduled by the
Superintendent.
(2) Operation. During flood periods the levee shall be patrolled
continuously to locate possible sand boils or unusual wetness of the
landwardslope and to be certain that:
(i) There are no indications of slides or sloughs developing;
(ii) Wave wash or scouring action is not occurring;
(iii) No low reaches of leave exist which may be overtopped;
(iv) No other conditions exist which might endanger the structure.
Appropriate advance measures will be taken to insure the availability of
adequate labor and materials to meet all contingencies. Immediate
stepswill be taken to control any condition which endangers the levee
and to repair the damaged section.
(c) Flood walls--(1) Maintenance. Periodic inspections shall be made
by the Superintendent to be certain that:
(i) No seepage, saturated areas, or sand boils are occurring;
(ii) No undue settlement has occurred which affects the stability of
the wall or its water tightness;
(iii) No trees exist, the roots of which might extend under the wall
and offer accelerated seepage paths;
(iv) The concrete has not undergone cracking, chipping, or breaking
to an extent which might affect the stability of the wall or its water
tightness;
(v) There are no encroachments upon the right-of-way which might
endanger the structure or hinder its functioning in time of flood;
(vi) Care is being exercised to prevent accumulation of trash and
debris adjacent to walls, and to insure that no fires are being built
near them;
(vii) No bank caving conditions exist riverward of the wall which
might endanger its stability;
(viii) Toe drainage systems and pressure relief wells are in good
working condition, and that such facilities are not becoming clogged.
Such inspections shall be made immediately prior to the beginning of the
flood season, immediately following
[[Page 109]]
each major high water period, andotherwise at intervals not exceeding 90
days. Measures to eliminate encroachments and effect repairs found
necessary by such inspections shall beundertaken immediately. All
repairs shall be accomplished by methods acceptable in standard
engineering practice.
(2) Operation. Continuous patrol of the wall shall be maintained
during flood periods to locate possible leakage at monolith joints or
seepageunderneath the wall. Floating plant or boats will not be allowed
to lie against or tie up to the wall. Should it become necessary during
a flood emergencyto pass anchor cables over the wall, adequate measures
shall be taken to protect the concrete and construction joints.
Immediate steps shall be taken tocorrect any condition which endangers
the stability of the wall.
(d) Drainage structures--(1) Maintenance. Adequate measures shall be
taken to insure that inlet and outlet channels are kept open andthat
trash, drift, or debris is not allowed to accumulate near drainage
structures. Flap gates and manually operated gates and valves on
drainagestructures shall be examined, oiled, and trial operated at least
once every 90 days. Where drainage structures are provided with stop log
or otheremergency closures, the condition of the equipment and its
housing shall be inspected regularly and a trial installation of the
emergency closure shall bemade at least once each year. Periodic
inspections shall be made by the Superintendent to be certain that:
(i) Pipes, gates, operating mechanism, riprap, and headwalls are in
good condition;
(ii) Inlet and outlet channels are open;
(iii) Care is being exercised to prevent the accumulation of trash
and debris near the structures and that no fires are being built near
bituminouscoated pipes;
(iv) Erosion is not occurring adjacent to the structure which might
endanger its water tightness or stability.
Immediate steps will be taken to repair damage, replace missing or
broken parts, or remedy adverse conditions disclosed by such
inspections.
(2) Operation. Whenever high water conditions impend, all gates will
be inspected a short time before water reaches the invert of the pipe
andany object which might prevent closure of the gate shall be removed.
Automatic gates shall be closely observed until it has been ascertained
that they aresecurely closed. Manually operated gates and valves shall
be closed as necessary to prevent inflow of flood water. All drainage
structures in levees shallbe inspected frequently during floods to
ascertain whether seepage is taking place along the lines of their
contact with the embankment. Immediate stepsshall be taken to correct
any adverse condition.
(e) Closure structures--(1) Maintenance. Closure structures for
traffic openings shall be inspected by the Superintendent every 90days
to be certain that:
(i) No parts are missing;
(ii) Metal parts are adequately covered with paint;
(iii) All movable parts are in satisfactory working order;
(iv) Proper closure can be made promptly when necessary;
(v) Sufficient materials are on hand for the erection of sand bag
closures and that the location of such materials will be readily
accessible in timesof emergency.
Tools and parts shall not be removed for other use. Trial erections of
one or more closure structures shall be made once each year, alternating
thestructures chosen so that each gate will be erected at least once in
each 3-year period. Trial erection of all closure structures shall be
made whenever achange is made in key operating personnel. Where railroad
operation makes trial erection of a closure structure infeasible,
rigorous inspection and drillof operating personnel may be substituted
therefor. Trial erection of sand bag closures is not required. Closure
materials will be carefully checked priorto and following flood periods,
and damaged or missing parts shall be repaired or replaced immediately.
(2) Operation. Erection of each movable closure shall be started in
sufficient time to permit completion before flood waters reach the top
of thestructure sill. Information regarding the
[[Page 110]]
proper method of erecting each individual closure structure, together
with an estimate of the time requiredby an experienced crew to complete
its erection will be given in the Operation and Maintenance Manual which
will be furnished local interests uponcompletion of the project. Closure
structures will be inspected frequently during flood periods to
ascertain that no undue leakage is occurring and thatdrains provided to
care for ordinary leakage are functioning properly. Boats or floating
plant shall not be allowed to tie up to closure structures or
todischarge passengers or cargo over them.
(f) Pumping plants--(1) Maintenance. Pumping plants shall be
inspected by the Superintendent at intervals not to exceed 30 daysduring
flood seasons and 90 days during off-flood seasons to insure that all
equipment is in order for instant use. At regular intervals, proper
measuresshall be taken to provide for cleaning plant, buildings, and
equipment, repainting as necessary, and lubricating all machinery.
Adequate supplies oflubricants for all types of machines, fuel for
gasoline or diesel powered equipment, and flash lights or lanterns for
emergency lighting shall be kept onhand at all times. Telephone service
shall be maintained at pumping plants. All equipment, including switch
gear, transformers, motors, pumps, valves, andgates shall be trial
operated and checked at least once every 90 days. Megger tests of all
insulation shall be made whenever wiring has been subjected toundue
dampness and otherwise at intervals not to exceed one year. A record
shall be kept showing the results of such tests. Wiring disclosed to be
in anunsatisfactory condition by such tests shall be brought to a
satisfactory condition or shall be promptly replaced. Diesel and
gasoline engines shall bestarted at such intervals and allowed to run
for such length of time as may be necessary to insure their
serviceability in times of emergency. Only skilledelectricians and
mechanics shall be employed on tests and repairs. Operating personnel
for the plant shall be present during tests. Any equipment removedfrom
the station for repair or replacement shall be returned or replaced as
soon as practicable and shall be trial operated after reinstallation.
Repairsrequiring removal of equipment from the plant shall be made
during off-flood seasons insofar as practicable.
(2) Operation. Competent operators shall be on duty at pumping
plants whenever it appears that necessity for pump operation is
imminent. Theoperator shall thoroughly inspect, trial operate, and place
in readiness all plant equipment. The operator shall be familiar with
the equipmentmanufacturers' instructions and drawings and with the
``Operating Instructions'' for each station. The equipment shall be
operated inaccordance with the above-mentioned ``Operating
Instructions'' and care shall be exercised that proper lubrication is
being supplied allequipment, and that no overheating, undue vibration or
noise is occurring. Immediately upon final recession of flood waters,
the pumping station shall bethoroughly cleaned, pump house sumps
flushed, and equipment thoroughly inspected, oiled and greased. A record
or log of pumping plant operation shall bekept for each station, a copy
of which shall be furnished the District Engineer following each flood.
(g) Channels and floodways--(1) Maintenance. Periodic inspections of
improved channels and floodways shall be made by theSuperintendent to be
certain that:
(i) The channel or floodway is clear of debris, weeds, and wild
growth;
(ii) The channel or floodway is not being restricted by the
depositing of waste materials, building of unauthorized structures or
other encroachments;
(iii) The capacity of the channel or floodway is not being reduced
by the formation of shoals;
(iv) Banks are not being damaged by rain or wave wash, and that no
sloughing of banks has occurred;
(v) Riprap sections and deflection dikes and walls are in good
condition;
(vi) Approach and egress channels adjacent to the improved channel
or floodway are sufficiently clear of obstructions and debris to permit
properfunctioning of the project works.
Such inspections shall be made prior to the beginning of the flood
season and otherwise at intervals not to exceed 90 days. Immediate steps
will betaken to
[[Page 111]]
remedy any adverse conditions disclosed by such inspections. Measures
will be taken by the Superintendent to promote the growth of grass
onbank slopes and earth deflection dikes. The Superintendent shall
provide for periodic repair and cleaning of debris basins, check dams,
and relatedstructures as may be necessary.
(2) Operation. Both banks of the channel shall be patrolled during
periods of high water, and measures shall be taken to protect those
reachesbeing attacked by the current or by wave wash. Appropriate
measures shall be taken to prevent the formation of jams of ice or
debris. Large objects whichbecome lodged against the bank shall be
removed. The improved channel or floodway shall be thoroughly inspected
immediately following each major high waterperiod. As soon as
practicable thereafter, all snags and other debris shall be removed and
all damage to banks, riprap, deflection dikes and walls,drainage
outlets, or other flood control structures repaired.
(h) Miscellaneous facilities--(1) Maintenance. Miscellaneous
structures and facilities constructed as a part of the protective
worksand other structures and facilities which function as a part of, or
affect the efficient functioning of the protective works, shall be
periodicallyinspected by the Superintendent and appropriate maintenance
measures taken. Damaged or unserviceable parts shall be repaired or
replaced without delay.Areas used for ponding in connection with pumping
plants or for temporary storage of interior run-off during flood periods
shall not be allowed to becomefilled with silt, debris, or dumped
material. The Superintendent shall take proper steps to prevent
restriction of bridge openings and, where practicable,shall provide for
temporary raising during floods of bridges which restrict channel
capacities during high flows.
(2) Operation. Miscellaneous facilities shall be operated to prevent
or reduce flooding during periods of high water. Those
facilitiesconstructed as a part of the protective works shall not be
used for purposes other than flood protection without approval of the
District Engineer unlessdesigned therefor.
(Sec. 3, 49 Stat. 1571, as amended; 33 U.S.C. 701c)
[9 FR 9999, Aug. 17, 1944; 9 FR 10203, Aug. 22, 1944]
Sec. 208.11 Regulations for use of storage allocated for flood control or
navigation and/or project operation at reservoirs subject to prescription of rules
andregulations by the Secretary of the Army in the interest of
flood control and navigation.
(a) Purpose. This regulation prescribes the responsibilities and
general procedures for regulating reservoir projects capable of
regulation forflood control or navigation and the use of storage
allocated for such purposes and provided on the basis of flood control
and navigation, except projectsowned and operated by the Corps of
Engineers; the International Boundary and Water Commission, United
States and Mexico; and those under the jurisdictionof the International
Joint Commission, United States, and Canada, and the Columbia River
Treaty. The intent of this regulation is to establish anunderstanding
between project owners, operating agencies, and the Corps of Engineers.
(b) Responsibilities. The basic responsibilities of the Corps of
Engineers regarding project operation are set out in the cited authority
anddescribed in the following paragraphs:
(1) Section 7 of the Flood Control Act of 1944 (58 Stat. 890, 33
U.S.C. 709) directs the Secretary of the Army to prescribe regulations
for floodcontrol and navigation in the following manner:
Hereafter, it shall be the duty of the Secretary of War to prescribe
regulations for the use of storage allocated for flood control or
navigation atall reservoirs constructed wholly or in part with Federal
funds provided on the basis of such purposes, and the operation of any
such project shall be inaccordance with such regulations: Provided, That
this section shall not apply to the Tennessee Valley Authority, except
that in case of danger fromfloods on the lower Ohio and Mississippi
Rivers the Tennessee Valley Authority is directed to regulate the
release of water from the Tennessee River intothe Ohio River in
accordance with such instructions as may be issued by the War
Department.
[[Page 112]]
(2) Section 9 of Public Law 436-83d Congress (68 Stat. 303) provides
for the development of the Coosa River, Alabama and Georgia, anddirects
the Secretary of the Army to prescribe rules and regulations for project
operation in the interest of flood control and navigation as follows:
The operation and maintenance of the dams shall be subject to
reasonable rules and regulations of the Secretary of the Army in the
interest of floodcontrol and navigation.
Note: This Regulation will also be applicable to dam and reservoir
projects operated under provisions of future legislative acts wherein
theSecretary of the Army is directed to prescribe rules and regulations
in the interest of flood control and navigation. The Chief of Engineers,
U.S. ArmyCorps of Engineers, is designated the duly authorized
representative of the Secretary of the Army to exercise the authority
set out in the CongressionalActs. This Regulation will normally be
implemented by letters of understanding between the Corps of Engineers
and project owner and will incorporate theprovisions of such letters of
understanding prior to the time construction renders the project capable
of significant impoundment of water. A water controlagreement signed by
both parties will follow when deliberate impoundment first begins or at
such time as the responsibilities of any Corps-owned projectsmay be
transferred to another entity. Promulgation of this Regulation for a
given project will occur at such time as the name of the project appears
in theFederal Register in accordance with the requirements of paragraph
6k. When agreement on a water control plan cannot be reached between the
Corps andthe project owner after coordination with all interested
parties, the project name will be entered in the Federal Register and
the Corps of Engineersplan will be the official water control plan until
such time as differences can be resolved.
(3) Federal Energy Regulatory Commission (FERC), formerly Federal
Power Commission (FPC), Licenses.
(i) Responsibilities of the Secretary of the Army and/or the Chief
of Engineers in FERC licensing actions are set forth in reference 3c
above andpertinent sections are cited herein. The Commission may further
stipulate as a licensing condition, that a licensee enter into an
agreement with theDepartment of the Army providing for operation of the
project during flood times, in accordance with rules and regulations
prescribed by the Secretary ofthe Army.
(A) Section 4(e) of the Federal Power Act requires approval by the
Chief of Engineers and the Secretary of the Army of plans of dams or
otherstructures affecting the navigable capacity of any navigable waters
of the United States, prior to issuance of a license by the Commission
as follows:
The Commission is hereby authorized and empowered to issue licenses
to citizens * * * for the purpose of constructing, operating
andmaintaining dams, water conduits, reservoirs, powerhouses,
transmission lines, or other project works necessary or convenient for
the development andimprovement of navigation and for the development,
transmission, and utilization of power across, along, from or in any of
the streams or other bodies ofwater over which Congress has jurisdiction
* * * Provided further, That no license affecting the navigable capacity
of any navigablewaters of the United States shall be issued until the
plans of the dam or other structures affecting navigation have been
approved by the Chief ofEngineers and the Secretary of the Army.
(B) Sections 10(a) and 10(c) of the Federal Power Act specify
conditions of project licenses including the following:
(1) Section 10(a). ``That the project adopted * * * shall be such as
in the judgment of the Commission will be best adapted toa comprehensive
plan for improving or developing a waterway or waterways for the use or
benefit of interstate or foreign commerce, for the improvement
andutilization of waterpower development, and for other beneficial
public uses * * *.''
(2) Section 10(c). ``That the licensee shall * * * so maintain and
operate said works as not to impair navigation, and shallconform to such
rules and regulations as the Commission may from time to time prescribe
for the protection of life, health, and property* * *.''
(C) Section 18 of the Federal Power Act directs the operation of any
navigation facilities built under the provision of that Act, be
controlled byrules and regulations prescribed by the Secretary of the
Army as follows:
The operation of any navigation facilities which may be constructed
as part of or in connection with any dam or diversion structure built
under theprovisions of this Act, whether at the expense of a licensee
hereunder or of the United States, shall at all
[[Page 113]]
times be controlled by such reasonablerules and regulations in the
interest of navigation; including the control of the pool caused by such
dam or diversion structure as may be made from timeto time by the
Secretary of the Army, * * *.
(ii) Federal Power Commission Order No. 540 issued October 31, 1975,
and published November 7, 1975 (40 FR 51998), amending Sec. 2.9 of
theCommission's General Policy and Interpretations prescribed
Standardized Conditions (Forms) for Inclusion in Preliminary Permits and
Licenses Issued Underpart I of the Federal Power Act. As an example,
Article 12 of Standard Form L-3, titled: ``Terms and Conditions of
License for ConstructedMajor Projects Affecting Navigable Waters of the
United States,'' sets forth the Commission's interpretation of
appropriate sections of the Act,which deal with navigation aspects, and
attendant responsibilities of the Secretary of the Army in licensing
actions as follows:
The United States specifically retains and safeguards the right to
use water in such amount, to be determined by the Secretary of the Army,
as may benecessary for the purposes of navigation on the navigable
waterway affected; and the operations of the Licensee, so far as they
affect the use, storage anddischarge from storage of waters affected by
the license, shall at all times be controlled by such reasonable rules
and regulations as the Secretary of theArmy may prescribe in the
interest of navigation, and as the Commission may prescribe for the
protection of life, health, and property, * * *and the Licensee shall
release water from the project reservoir at such rate * * * as the
Secretary of the Army may prescribe in the interestof navigation, or as
the Commission may prescribe for the other purposes hereinbefore
mentioned.
(c) Scope and terminology. This regulation applies to Federal
authorized flood control and/or navigation storage projects, and to non-
Federalprojects which require the Secretary of the Army to prescribe
regulations as a condition of the license, permit or legislation, during
the planning, designand construction phases, and throughout the life of
the project. In compliance with the authority cited above, this
regulation defines certain activitiesand responsibilities concerning
water control management throughout the Nation in the interest of flood
control and navigation. In carrying out theconditions of this
regulation, the owner and/or operating agency will comply with
applicable provisions of Pub. L. 85-624, the Fish and
WildlifeCoordination Act of 1958, and Pub. L. 92-500, the Federal Water
Pollution Control Act Amendments of 1972. This regulation does not apply
to localflood protection works governed by Sec. 208.10, or to
navigation facilities and associated structures which are otherwise
covered by part 207(Navigation Regulations) of title 33 of the code.
Small reservoirs, containing less than 12,500 acre-feet of flood control
or navigation storage, may beexcluded from this regulation and covered
under Sec. 208.10, unless specifically required by law or conditions of
the license or permit.
(1) The terms reservoir and project as used herein include all water
resource impoundment projects constructed or modified, includingnatural
lakes, that are subject to this regulation.
(2) The term project owner refers to the entity responsible for
maintenance, physical operation, and safety of the project, and for
carrying outthe water control plan in the interest of flood control and/
or navigation as prescribed by the Corps of Engineers. Special
arrangements may be made by theproject owner for ``operating agencies''
to perform these tasks.
(3) The term letter of understanding as used herein includes
statements which consummate this regulation for any given project and
define thegeneral provisions or conditions of the local sponsor, or
owner, cooperation agreed to in the authorizing legislative document,
and the requirements forcompliance with section 7 of the 1944 Flood
Control Act, the Federal Power Act or other special congressional act.
This information will be specified inthe water control plan and manual.
The letter of understanding will be signed by a duly authorized
representative of the Chief of Engineers and the projectowner. A ``field
working agreement'' may be substituted for a letter of understanding,
provided that the specified minimum requirements of thelatter, as stated
above, are met.
(4) The term water control agreement refers to a compliation of
water control criteria, guidelines, diagrams, release
[[Page 114]]
schedules, rule curvesand specifications that basically govern the use
of reservoir storage space allocated for flood control or navigation
and/or release functions of a watercontrol project for these purposes.
In general, they indicate controlling or limiting rates of discharge and
storage space required for flood controland/or navigation, based on the
runoff potential during various seasons of the year.
(5) For the purpose of this regulation, the term water control plan
is limited to the plan of regulation for a water resources project in
theinterest of flood control and/or navigation. The water control plan
must conform with proposed allocations of storage capacity and
downstream conditions orother requirements to meet all functional
objectives of the particular project, acting separately or in
combination with other projects in a system.
(6) The term real-time denotes the processing of current information
or data in a sufficiently timely manner to influence a physicial
response inthe system being monitored and controlled. As used herein the
term connotes * * * the analyses for and execution of water control
decisions for both minorand major flood events and for navigation, based
on prevailing hydrometeorological and other conditions and constraints,
to achieve efficient management ofwater resource systems.
(d) Procedures--(1) Conditions during project formulation. During
the planning and design phases, the project owner should consultwith the
Corps of Engineers regarding the quantity and value of space to reserve
in the reservoir for flood control and/or navigation purposes, and
forutilization of the space, and other requirements of the license,
permit or conditions of the law. Relevant matters that bear upon flood
control andnavigation accomplishment include: Runoff potential,
reservoir discharge capability, downstream channel characteristics,
hydrometeorological datacollection, flood hazard, flood damage
characteristics, real estate acquisition for flowage requirements (fee
and easement), and resources required tocarry out the water control
plan. Advice may also be sought on determination of and regulation for
the probable maximum or other design flood underconsideration by the
project owner to establish the quantity of surcharge storage space, and
freeboard elevation of top of dam or embankment for safety ofthe
project.
(2) Corps of Engineers involvement. If the project owner is
responsible for real-time implemenetation of the water control plan,
consultation andassistance will be provided by the Corps of Engineers
when appropriate and to the extent possible. During any emergency that
affects flood control and/ornavigation, the Corps of Engineers may
temporarily prescribe regulation of flood control or navigation storage
space on a day-to-day (real-time) basiswithout request of the project
owner. Appropriate consideration will be given for other authorized
project functions. Upon refusal of the project owner tocomply with
regulations prescribed by the Corps of Engineers, a letter will be sent
to the project owner by the Chief of Engineers or his duly
authorizedrepresentative describing the reason for the regulations
prescribed, events that have transpired, and notification that the
project owner is in violationof the Code of Federal Regulations. Should
an impasse arise, in that the project owner or the designated operating
entity persists in noncompliance withregulations prescribed by the Corps
of Engineers, measures may be taken to assure compliance.
(3) Corps of Engineers implementation of real-time water control
decisions. The Corps of Engineers may prescribe the continuing
regulation offlood control storage space for any project subject to this
regulation on a day-to-day (real-time) basis. When this is the case,
consultation andassistance from the project owner to the extent possible
will be expected. Special requests by the project owner, or appropriate
operating entity, arepreferred before the Corps of Engineers offers
advice on real-time regulation during surcharge storage utilization.
(4) Water control plan and manual. Prior to project completion,
water control managers from the Corps of Engineers will visit the
project and thearea
[[Page 115]]
served by the project to become familiar with the water control
facilities, and to insure sound formulation of the water control plan.
The formalplan of regulation for flood control and/or navigation,
referred to herein as the water control plan, will be developed and
documented in a water controlmanual prepared by the Corps of Engineers.
Development of the manual will be coordinated with the project owner to
obtain the necessary pertinentinformation, and to insure compatibility
with other project purposes and with surcharge regulation. Major topics
in the manual will include: Authorizationand description of the project,
hydrometeorology, data collection and communication networks, hydrologic
forecasting, the water control plan, and waterresource management
functions, including responsibilities and coordination for water control
decisionmaking. Special instructions to the dam tender orreservoir
manager on data collection, reporting to higher Federal authority, and
on procedures to be followed in the event of a communication outage
underemergency conditions, will be prepared as an exhibit in the manual.
Other exhibits will include copies of this regulation, letters of
understandingconsummating this regulation, and the water control
agreements. After approval by the Chief of Engineers or his duly
authorized representative, the manualwill be furnished the project
owner.
(5) Water control agreement. (i) A water control diagram (graphical)
will be prepared by the Corps of Engineers for each project having
variablespace reservation for flood control and/or navigation during the
year; e.g., variable seasonal storage, joint-use space, or other rule
curve designation.Reservoir inflow parameters will be included on the
diagrams when appropriate. Concise notes will be included on the
diagrams prescribing the use ofstorage space in terms of release
schedules, runoff, nondamaging or other controlling flow rates
downstream of the damsite, and other major factors asappropriate. A
water control release schedule will be prepared in tabular form for
projects that do not have variable space reservation for flood
controland/or navigation. The water control diagram or release schedule
will be signed by a duly authorized representative of the Chief of
Engineers, the projectowner, and the designated operating agency, and
will be used as the basis for carrying out this regulation. Each diagram
or schedule will contain areference to this regulation.
(ii) When deemed necessary by the Corps of Engineers, information
given on the water control diagram or release schedule will be
supplemented byappropriate text to assure mutual understanding on
certain details or other important aspects of the water control plan not
covered in this regulation, onthe water control diagram or in the
release schedule. This material will include clarification of any
aspects that might otherwise result in unsatisfactoryproject performance
in the interest of flood contol and/or navigation. Supplementation of
the agreement will be necessary for each project where the Corpsof
Engineers exercises the discretionary authority to prescribe the flood
control regulation on a day-to-day (real-time) basis. The agreement will
includedelegation of the responsibility. The document should also cite,
as appropriate, section 7 of the 1944 Flood Control Act, the Federal
Power Act and/orother congressional legislation authorizing construction
an/or directing operation of the project.
(iii) All flood control regulations published in the Federal
Register under this section (part 208) of the code prior to the date of
thispublication which are listed in Sec. 208.11(e) are hereby
superseded.
(iv) Nothing in this regulation prohibits the promulgation of
specific regulations for a project in compliance with the authorizing
acts, whenagreement on acceptable regulations cannot be reached between
the Corps of Engineers and the owner.
(6) Hydrometeorological instrumentation. The project owner will
provide instrumentation in the vicinity of the damsite and will
providecommunication equipment necessary to record and transmit
hydrometeorological and reservoir data to all appropriate Federal
authorities on a real-time basisunless there are extenuating
circumstances or are otherwise provided for as a condition of the
license or permit. For those
[[Page 116]]
projects where the ownerretains responsibility for real-time
implementation of the water control plan, the owner will also provide or
arrange for the measurement and reporting ofhydrometeorological
parameters required within and adjacent to the watershed and downstream
of the damsite, sufficient to regulate the project for floodcontrol and/
or navigation in an efficient manner. When data collection stations
outside the immediate vicinity of the damsite are required, and funds
forinstallation, observation, and maintenance are not available from
other sources, the Corps of Engineers may agree to share the costs for
such stations withthe project owner. Availability of funds and urgency
of data needs are factors which will be considered in reaching decisions
on cost sharing.
(7) Project safety. The project owner is responsible for the safety
of the dam and appurtenant facilities and for regulation of the
projectduring surcharge storage utilization. Emphasis upon the safety of
the dam is especially important in the event surcharge storage is
utilized, which resultswhen the total storage space reserved for flood
control is exceeded. Any assistance provided by the Corps of Engineers
concerning surcharge regulation isto be utilized at the discretion of
the project owner, and does not relieve the owner of the responsibility
for safety of the project.
(8) Notification of the general public. The Corps of Engineers and
other interested Federal and State agencies, and the project owner
willjointly sponsor public involvement activities, as appropriate, to
fully apprise the general public of the water control plan. Public
meetings or othereffective means of notification and involvement will be
held, with the initial meeting being conducted as early as practicable
but not later than the timethe project first becomes operational. Notice
of the initial public meeting shall be published once a week for 3
consecutive weeks in one or morenewspapers of general circulation
published in each county covered by the water control plan. Such notice
shall also be used when appropriate to inform thepublic of modifications
in the water control plan. If no newspaper is published in a county, the
notice shall be published in one or more newspapers ofgeneral
circulation within that county. For the purposes of this section a
newspaper is one qualified to publish public notices under applicable
State law.Notice shall be given in the event significant problems are
anticipated or experienced that will prevent carrying out the approved
water control plan or inthe event that an extreme water condition is
expected that could produce severe damage to property or loss of life.
The means for conveying thisinformation shall be commensurate with the
urgency of the situation. The water control manual will be made
available for examination by the general publicupon request at the
appropriate office of the Corps of Engineers, project owner or
designated operating agency.
(9) Other generalized requirements for flood control and navigation.
(i) Storage space in the reservoirs allocated for flood control
andnavigation purposes shall be kept available for those purposes in
accordance with the water control agreement, and the plan of regulation
in the watercontrol manual.
(ii) Any water impounded in the flood control space defined by the
water control agreement shall be evacuated as rapidly as can be safely
accomplishedwithout causing downstream flows to exceed the controlling
rates; i.e., releases from reservoirs shall be restricted insofar as
practicable toquantities which, in conjunction with uncontrolled runoff
downstream of the dam, will not cause water levels to exceed the
controlling stages currently inforce. Although conflicts may arise with
other purposes, such as hydropower, the plan or regulation may require
releases to be completely curtailed in theinterest of flood control or
safety of the project.
(iii) Nothing in the plan of regulation for flood control shall be
construed to require or allow dangerously rapid changes in magnitudes of
releases.Releases will be made in a manner consistent with requirements
for protecting the dam and reservoir from major damage during passage of
the maximum designflood for the project.
(iv) The project owner shall monitor current reservoir and hydro-
meteorological conditions in and adjacent to
[[Page 117]]
the watershed and downstream of thedamsite, as necessary. This and any
other pertinent information shall be reported to the Corps of Engineers
on a timely basis, in accordance with standinginstructions to the
damtender or other means requested by the Corps of Engineers.
(v) In all cases where the project owner retains responsibility for
real-time implementation of the water control plan, he shall make
currentdeterminations of: Reservoir inflow, flood control storage
utilized, and scheduled releases. He shall also determine storage space
and releases required tocomply with the water control plan prescribed by
the Corps of Engineers. The owner shall report this information on a
timely basis as requested by theCorps of Engineers.
(vi) The water control plan is subject to temporary modification by
the Corps of Engineers if found necessary in time of emergency. Requests
for andaction on such modifications may be made by the fastest means of
communication available. The action taken shall be confirmed in writing
the same day tothe project owner and shall include justification for the
action.
(vii) The project owner may temporarily deviate from the water
control plan in the event an immediate short-term departure is deemed
necessary foremergency reasons to protect the safety of the dam, or to
avoid other serious hazards. Such actions shall be immediately reported
by the fastest means ofcommunication available. Actions shall be
confirmed in writing the same day to the Corps of Engineers and shall
include justification for the action.Continuation of the deviation will
require the express approval of the Chief of Engineers, or his duly
authorized representative.
(viii) Advance approval of the Chief of Engineers, or his duly
authorized representative, is required prior to any deviation from the
plan ofregulation prescribed or approved by the Corps of Engineers in
the interest of flood control and/or navigation, except in emergency
situations provided forin paragraph (d)(9)(vii) of this section. When
conditions appear to warrant a prolonged deviation from the approved
plan, the project owner and the Corpsof Engineers will jointly
investigate and evaluate the proposed deviation to insure that the
overall integrity of the plan would not be unduly compromised.Approval
of prolonged deviations will not be granted unless such investigations
and evaluations have been conducted to the extent deemed necessary by
theChief of Engineers, or his designated representatives, to fully
substantiate the deviation.
(10) Revisions. The water control plan and all associated documents
will be revised by the Corps of Engineers as necessary, to reflect
changedconditions that come to bear upon flood control and navigation,
e.g., reallocation of reservoir storage space due to sedimentation or
transfer of storagespace to a neighboring project. Revision of the water
control plan, water control agreement, water control diagram, or release
schedule requires approvalof the Chief of Engineers or his duly
authorized representative. Each such revision shall be effective upon
the date specified in the approval. Theoriginal (signed document) water
control agreement shall be kept on file in the respective Office the
Division Engineer, Corps of Engineers, Department ofthe Army, located at
division offices throughout the continental USA. Copies of these
agreements may be obtained from the office of the project owner, orfrom
the office of the appropriate Division Engineer, Corps of Engineers.
(11) Federal Register. The following information for each project
subject to section 7 of the 1944 Flood Control Act and other
applicablecongressional acts shall be published in the Federal Register
prior to the time the projects becomes operational and prior to any
significantimpoundment before project completion or * * * at such time
as the responsibility for physical operation and maintenance of the
Corps ofEngineers owned projects is transferred to another entity:
(i) Reservoir, dam, and lake names,
(ii) Stream, county, and State corresponding to the damsite
location,
(iii) The maximum current storage space in acre-feet to be reserved
exclusively for flood control and/or navigation purposes, or any
multiple-use
[[Page 118]]
space (intermingled) when flood control or navigation is one of the
purposes, with corresponding elevations in feet above mean sea level,
and area inacres, at the upper and lower limits of said space,
(iv) The name of the project owner, and
(v) Congressional legislation authorizing the project for Federal
participation.
(e) List of projects. The following tables, ``Pertinent Project
Data--Section 208.11 Regulation,'' show the pertinent data forprojects
which are subject to this regulation.
[[Page 119]]
List of Projects
[Non-Corps projects with Corps Regulation Requirements]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Elev limitsfeet Area in acres
Project Storage M.S.L. --------------------
Projectname \1\ (1) State County (3) Stream \1\ (4) purpose \2\ 1000 AF -------------------- Authorizing legis. \3\ Proj. owner \4\
(2) (5) (6) Upper Lower Upper Lower (11) (12)
(7) (8) (9) (10)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Agency Valley Dam & Res.......... OR Malheur.............. N Fork Malheur R..... FICR......... 60.0 3340.0 3263.0 1900 0 PL 68-292............. USBR.
Alpine Dam....................... IL Winnebago............ Keith Cr............. F............ 0.6 796.0 760.0 52 0 PWA Proj.............. Rkfd, IL.
Altus Dam & Res.................. OK Jackson.............. N Fork Red R......... F............ 19.6 1562.0 1559.0 6800 6260 PL 761................ USBR.
IMR.......... 132.6 1559.0 1517.5P 6260 735
Anderson Ranch Dam & Res......... ID Elmore............... S Fk Boise R......... FEI.......... 423.2 4196.0 4039.6 4740 1150 Act of 1939 53 Stat USBR.
1187.
Arbuckle Dam & Res............... OK Murray............... Rock Cr.............. F............ 36.4 885.3 872.0 3130 2350 PL 594................ USBR.
MRC.......... 62.5 872.0 827.0 2350 606
Arrowrock Dam & Res.............. ID Elmore............... Boise R.............. FI........... 286.6 3216.0 2974.0 3100 200 Act of 1902 32 Stat USBR.
388.
Bear Cr Dam...................... MO Marion Ralls......... Bear Cr.............. F............ 8.7 546.5 520.0 540 0 PL 83-780............. Hnbl, MO.
Bear Swamp Fife Brook (Lo)....... MA Franklin............. Deerfield R.......... E............ 6.9 870.0 830.0 152 115 FERC 2669............. NEPC.
Bear Swamp PS (Upper)............ MA Franklin............. Deerfield R Trib..... E............ 8.9 1600.0 1550.0 118 102 Fed Pwr Act........... NEPC.
Bellows Falls Dam & Lk........... VT Cheshire............. Connecticut R........ E............ 7.5 291.6 273.6 2804 836 FERC 1885............. NEPC.
Big Dry Creek and Div............ CA Fresno............... Big Dry Cr & Dog Cr.. F............ 16.2 425.0 393.0 1530 0 PL 77-228............. Rclm, B CA.
Blue Mesa Dam & Res.............. CO Gunnison............. Gunnison R........... FER.......... 748.5 7519.4 7393.0 9180 2790 PL 84-485............. USBR
Boca Dam & Res................... CA Nevada............... Little Truckee R..... I............ 32.8 5596.5 5521.0 873 52 PL 61-289............. USBR.
FI........... 8.0 5605.0 5596.0 980 873 PL68-292..............
Bonny Dam & Res.................. CO Yuma................. S Fork Republic R.... F............ 128.2 3710.0 3672.0 5036 2042 PL 78-534............. USBR.
ICR.......... 39.2 3672.0 3638.0 2042 331 PL79-732..............
Boysen Dam & Res................. WY Fremont.............. Wild R............... F............ 150.4 4732.2 4725.0 22170 19560 PL 78-534............. USBR.
FEIQ......... 146.1 4725.0 4717.0 19560 16960
EIQ.......... 403.8 4717.0 4685.0 16960 9280
Brantley Dam & Res............... NM Eddy................. Pecos R.............. FIRQ......... 348.5 3283.0 3210.7 21294 38 PL 92-515............. USBR.
Brownlee Dam & Res............... OR Baker................ Snake R.............. FE........... 975.3 2077.0 1976.0 13840 6650 FERC No 1971-C........ ID Pwr.
ID Washington...........
Bully Cr Dam & Res............... OR Malheur.............. Bully Cr............. FI........... 31.6 2516.0 2456.8 1082 140 PL 86-248............. USBR.
Camanche Dam & Res............... CA San Joaquin.......... Mokelumne R.......... FRIE......... 200.0 235.5 205.1 7600 5507 PL 86-645............. EB-MUD.
RIE.......... 230.9 205.1 92.0 5507 0
Canyon Ferry Dam & Lk............ MT Lewis Clark.......... Missouri R........... F............ 99.5 3800.0 3797.0 33535 32800 PL 78-534............. USBR.
FEI.......... 795.1 3797.0 3770.0 32800 24125
EI........... 711.5 3770.0 3728.0 24125 11480
Cedar Bluff Dam & Res............ KS Trego................ Smoky Hill R......... F............ 191.9 2166.0 2144.0 10790 6869 PL78-534.............. USBR.
IMCR......... 149.8 2144.0 2107.8 6869 2086
Cheney Dam & Res................. KS Sedgwick............. N Fork NinnescahR.... F............ 80.9 1429.9 1421.6 12420 9540 PL 86-787............. USBR.
MC........... 151.8 1421.6 1392.9 9540 1970
0.0 0.0 0.0 0 0
Clark Canyon Dam & Res........... MT Beaverhead........... BeaverheadR.......... F............ 79.1 5560.4 5546.1 5900 5160 PL 78-534............. USBR.
FI........... 50.4 5546.1 5535.7 5160 4495
I............ 126.1 5535.7 5470.6 4495 220
[[Page 120]]
Del Valle Dam & Res.............. CA Alameda.............. AlamedaCr............ F............ 37.0 745.0 703.1 1060 710 PL 87-874............. DWR.
FIM.......... 1.0 703.1 702.2 710 700 CA.
IMR.......... 29.0 702.2 635.0 700 275
Don Pedro Dam & Lk............... CA Tuolumne............. TuolumneR............ FIER......... 340.0 830.0 802.0 12900 11260 PL 78-534............. M&T.
EIR.......... 1381.0 802.0 600.0 11260 3520 Irr.
308.0 600.0 342.0 3520 29
East Canyon Dam & Res............ UT Morgan............... East Canyon Cr....... FEIM......... 48.0 5705.5 5578.0 684 130 PL 81-273............. USBR.
Echo Dam & Res................... UT Summit............... Weber R.............. FEIM......... 74.0 5560.0 5450.0 1455 0 PL 81-83.............. USBR.
Emigrant Dam & Res............... OR Jackson.............. Emigrant Cr.......... FIR.......... 39.0 2241.0 2131.5 801 80 PL 83-606............. USBR.
Enders Dam & Res................. NE Chase................ Frenchman Cr......... F............ 30.0 3127.0 3112.3 2405 1707 PL 78-534............. USBR.
ICR.......... 34.5 3112.3 3082.4 1707 658 PL84-505..............
Folsom Dam & Lk.................. CA Sacramento........... American R........... FEIM......... 400.0 466.0 427.0 11450 9040 ...................... USBR.
EIM.......... 610.0 427.0 210.0 9040 0
Fort Cobb Dam & Res.............. OK Caddo................ Pond (Cobb) Cr....... F............ 63.7 1354.8 1342.0 5980 4100 PL 419................ USBR.
IMCR......... 78.3 1342.0 1300.0 4100 337
Foss Dam & Res................... OK Custer............... Washita R............ F............ 180.6 1668.6 1652.0 13140 8800 PL 419................ USBR.
IMRC......... 243.8 1652.0 1597.2 8800 1360
Friant Dam & Millerton Lk........ CA Fresno............... San Joaquin R........ FEIM......... 390.5 578.0 466.3 4850 2101 PL 75-392............. USBR.
PL 76-868.............
Galesville Dam................... OR Douglas.............. Cow Cr............... FEMCR........ 42.2 1881.5 1780.0 760 150 FERC No. 71........... Dgls, CO.
61001.................
Gaston Dam & Res................. NC Halifax.............. Roanoke R............ FE........... 63.0 203.0 200.0 22500 20300 Fed Pwr Act........... VA Pwr.
Northampton..........
Glen Elder Dam & Waconda Lk...... KS Mitchel.............. Solomon R............ F............ 722.3 1488.3 1455.6 33682 12602 PL78-534.............. USBR.
IM........... 204.8 1455.6 1428.0 12602 3341 PL 79-526.............
Glendo Dam & Res................. WY Platte............... N Platte R........... F............ 271.9 4653.0 4635.0 17990 12370 PL 78-534............. USBR.
EIM.......... 454.3 4635.0 4570.0 12370 3130
Grand Coulee Dam & FDR Lk........ WA Okanogan Grant....... Columbia R........... FEI.......... 5185.5 1290.0 1208.0 82280 45592 PL 89-561............. USBR.
H Neely Henry Dam & Res.......... AL Calhoun St. Clair.... Coosa R.............. FE........... 49.7 508.0 502.5 11235 7632 PL 83-436............. AL Pwr.
Harris Dam & Res................. AL Randolph............. Tallapoosa R......... FE........... 215.0 793.0 785.0 10661 9012 PL 89-789............. AL Pwr.
Heart Butte Dm & Lk Tschida...... ND Grant................ Heart R.............. F............ 147.9 2094.5 2064.5 6580 3400 PL78-534.............. USBR.
IQ........... 69.0 2064.5 2030.0 3400 810
Hells Canyon Dam & Res........... OR Wallowa.............. Snake R.............. EN........... 11.7 1688.0 1683.0 2380 2280 FERC No 1971-A........ ID Pwr.
ID Adams................
Hoover Dam & Lk Mead............. NV Clark Mohave......... Colorado R........... F............ 1500.0 1229.0 1219.6 162700 156500 PL 70-642............. USBR.
AZ FEIMCAR...... 15.8 1219.6 1083.0 156500 83500
Hungry Horse Dam & Res........... MT Flathead............. S Fork Flathead R.... FEI.......... 2982.0 3560.0 3336.0 23800 5400 PL 78-329............. USBR.
Indian Valley Dam & Res.......... CA Lake................. N Fork Cache Cr...... FIMR......... 40.0 1485.0 1474.0 3975 3734 PL84-984.............. Yolo FC&W.
IMR.......... 260.0 1474.0 1334.0 3734 308
Jamestown Dam & Res.............. ND Stutsman............. James R.............. F............ 185.4 1454.0 1429.8 13210 2090 PL78-534.............. USBR.
IQ........... 28.1 1429.8 1400.0 2090 160
[[Page 121]]
Jocassee Dam & Res............... SC Pickens.............. Keowee R............. PRFC......... 1160.0 1110.0 1080.0 7565 6815 FERC 2503............. USBR Pwr.
Keowee Dam & Lk.................. SC Pickens.............. Keowee R............. FPMCAR....... 392.0 800.0 775.0 18372 13072 FERC 2503............. Duke Pwr.
Kerr Dam Flathead Lk............. MT Lake................. Flathead R........... FER.......... 1219.0 2893.0 2883.0 125560 120000 FERC No 5............. MT Pwr.
Kerr Dam & Lk Hudson (Markham OK Mayes................ Grand Neosho R....... F............ 244.2 636.0 619.0 18800 10900 PL 76-476............. GRD Auth.
Ferry Project). E............ 48.6 619.0 599.0 10900 4500
Keyhole Dam & Res................ WY Crook................ Belle Fourche R...... F............ 140.5 4111.5 4099.3 13730 9410 PL78-534.............. USBR.
IQ........... 185.8 4099.3 4051.0 9410 820
Kirwin Dam & Res................. KS Phillips............. N Fork Solomon R..... F............ 215.1 1757.3 1729.3 10640 5080 PL78-534.............. USBR.
ICR.......... 89.6 1729.2 1697.0 5080 1010 PL 79-732; PL 79-526..
Lake Kemp Dam & Res.............. TX Wichita.............. Wichita R............ F............ 234.9 1156.0 1144.0 23830 15590 SD 144................ WF&C.
MI........... 268.0 1144.0 1114.0 15590 3350 ...................... WID2.
Leesville Dam & Res.............. VA Campbell Pttsylvnia.. Roanoke R............ EQ........... 37.8 613.0 600.0 3235 2400 Fed Pwr Act........... Appl Pwr.
Lemon Dam & Res.................. CO La Plata............. Florida R............ FIM.......... 39.0 8148.0 8023.0 622 62 PL 84-485............. USBR.
Lewis M Smith Dam & Res.......... AL Walker Culman........ Sipsey Fork; Black F............ 280.6 522.0 510.0 25700 21200 Fed Pwr Act........... AL Pwr.
Warrior R. E............ 394.3 510.0 488.0 21200 15097
Little Wood...................... ID Blain................ Little Wood R........ FI........... 30.0 5237.3 5127.4 572 0 PL 84-993............. USBR.
Logan Martin Dam & Res........... AL Talladega............ Cossa R.............. F............ 245.3 477.0 465.0 26310 15260 PL83-436.............. AL Pwr.
E............ 67.0 465.0 460.0 15263 11887
Los Banos Dam & Detention........ CA Merced............... Los Banos Cr......... R............ 20.6 327.8 231.2 467 0 ...................... USBR.
Los Banos Dam & Detention Res.... CA Merced............... Los Banos Cr......... F............ 14.0 353.5 327.8 619 467 PL 86-488............. USBR.
Lost Creek Dam & Res............. UT Morgan............... Lost Cr.............. FEIM......... 20.0 6005.0 5912.0 365 93 PL 81-273............. USBR.
Lovewell Dam & Res............... KS Jewell............... White Rock Cr........ F............ 50.5 1595.3 1582.6 5025 2986 PL 78-534............. USBR.
ICR.......... 24.9 1582.6 1571.7 2986 1704 PL 79-732.............
Marshall Ford Dam & Res.......... TX Travis............... Colorado R........... F............ 779.8 714.0 681.0 29060 18955 PL73-392.............. USBR.
NEIM......... 810.5 681.0 618.0 18955 8050 PL 78-534.............
Mayfield Dam & Res............... WA Lewis................ Cowlitz R............ FER.......... 21.4 425.0 415.0 2250 2030 FPC No 2016-A......... Tac WN.
McGee Creek Dam & Res............ OK Atoka................ McGee Cr............. F............ 85.3 595.5 577.1 5540 3810 PL 94-423............. USBR.
MCR.......... 108.0 577.7 515.1 3810 370
Medicine Cr Dam Harry Strunk Lk.. NE Frontier............. Medicine Cr.......... F............ 52.7 2386.2 2366.1 3483 1840 PL78-534.............. USBR.
ICR.......... 26.8 2366.1 2343.0 1840 701 PL 84-505.............
Mossyrock Dam Davisson Lk........ WA Lewis................ Cowlitz R............ FER.......... 1397.0 778.5 600.0 11830 4250 FERC No 2016-B........ Tac, WN
Mt Park Dam Tom Steed Res........ OK Kiowa................ W Otter Cr........... F............ 20.3 1414.0 1411.0 7130 6400 PL 90-503............. USBR.
MRC.......... 89.0 1411.0 1386.3 6400 1270
Navajo Dam & Res................. NM San Juan............. San Juan R........... FEIRQ........ 1036.1 6085.0 5990.0 15610 7400 PL 84-485............. USBR.
Rio Arriba...........
New Bullards Bar Dam & Res....... CA Yuba................. Yuba R............... FEIMR........ 170.0 1956.0 1918.3 4809 4225 PL89-298.............. YCWA.
EIMR......... 790.9 1918.3 1447.5 4225 129
New Exchequer Dam & Lk........... CA Tuolumne............. MercedR.............. FEIR......... 400.0 867.0 799.7 7110 4849 PL 86-645............. Mrcd, Irr.
EIR.......... 451.6 799.7 660.0 4849 1900
IR........... 171.0 660.0 467.0 1900 150
New Melones Dam & Lk............. CA Tuolumne............. StanislausR.......... FEIMR........ 450.0 1088.0 1049.5 12500 10900 PL 87-874............. USBR.
Calaveras............ EIMR......... 1670.0 1049.5 808.0 10900 3500
IMR.......... 300.0 808.0 540.0 3500 0
Northfield Mt (Up) PS............ MA Franklin............. Connecticut.......... E............ 14.0 965.0 938.0 196 134 FERC 1889............. WMEC.
Norton Dam & Kieth Sebelius Lk... KS Norton............... Prairie Dog Cr....... F............ 98.8 2331.4 2304.3 5316 2181 PL78-534.............. USBR.
IMRC......... 30.7 2304.3 2280.4 2181 587 PL 79-526.............
PL 79-732.............
[[Page 122]]
Ochoco Dam & Res................. OR Crook................ Ochoco Cr............ FICR......... 52.5 3136.2 0.0 1130 130 PL 84-992............. USBR.
Oroville Dam & Lk................ CA Butte................ Feather R............ FEIMAR....... 750.0 900.0 848.5 15800 13346 PL 85-500............. CA.
EIMAR........ 2788.0 848.5 210.0 13346 0
Pactola Dam & Res................ SD Pennington........... Rapid Cr............. F............ 43.1 4621.5 4580.2 1230 860 PL 78-534............. USBR.
IM........... 55.0 4580.2 4456.1 860 100
Palisades Dam & Res.............. ID Bonneville........... Snake R.............. FIE.......... 1202.0 5620.0 5452.0 16100 2170 PL 81-864............. USBR.
Paonia Dam & Res................. CO Gunnision............ Muddy Cr............. FIR.......... 17.0 6447.5 6373.0 334 120 PL 80-177............. USBR.
PL 84-485.............
Pensacola Dam Grand Lake O' the OK Mayes................ Grand (Neosho) R..... F............ 525.0 755.0 745.0 59200 46500 PL77-228.............. Grd, Auth.
Cherokees. E............ 1192.0 745.0 705.0 46500 17000
Pineview Dam & Res............... UT Weber................ Odgen R.............. FEIM......... 110.0 4900.0 4818.0 2874 0 PL 81-273............. USBR.
Platoro Dam & Res................ CO Conejos.............. Conejos R............ F............ 6.0 10034.0 10027.5 947 920 PL 76-640............. USBR.
IR........... 54.0 10027.5 9911.0 920 0
Priest Rapids Dam & Res.......... WA Grant................ Columbia R........... FER.......... 44.0 488.0 481.5 7600 6500 FERC No 2114-A........ Grnt, PUD.
Prineville Dam & Res............. OR Crook................ Crooked R............ FIRC......... 233.0 3257.9 3114.0 3997 140 PL-84-992............. USBR.
Prosser Cr Dam & Res............. CA Nevada............... Prosser Cr........... C............ 8.6 5703.7 5661.0 334 86 PL 84-858............. USBR.
FC........... 20.0 5761.0 5703.7 745 334 PL85-706..............
Pueblo Dam & Res................. CO Pueblo............... Arkansas R........... F............ 93.0 4898.7 4880.5 5671 4640 PL 87-590............. USBR.
IR........... 261.4 4880.5 4764.0 4640 421
Red Willow Dam Hugh Butler Lk.... NE Frontier............. Red Willow Cr........ F............ 48.9 2604.9 2581.8 2682 1629 PL78-534.............. USBR.
IRC.......... 27.3 2581.8 2558.0 1629 787 PL 85-783.............
PL 84-505.............
Ririe Dam & Res.................. ID Bonneville........... Willow Cr............ FIRC......... 99.0 5119.0 5023.0 150 360 PL 87-874............. USBR.
Roanoke Rapids Dam & Res......... NC Halifax.............. Roanoke R............ EC........... 16.8 132.0 128.0 4600 4100 FPC 2009.............. VA, Pwr.
Rocky Reach Dam Lk Entiat........ WA Chelan............... Columbia R........... FER.......... 36.0 707.0 703.0 9920 9490 FERC No 2145.......... Chln PUD.
Rocky River PS Lk Candlewood..... CT Litchfield........... Housatonic R......... E............ 142.5 430.0 418.0 5608 4692 FERC 2576............. CLPC.
Ross Dam & Res................... WA Whatcom.............. Skagit R............. E............ 1052.0 1602.5 1475.0 11700 4450 FERC 553.............. Sttl.
Sanford Dam & Lk Meredith........ TX Hutchison............ Canadian R........... F............ 462.1 2965.0 2941.3 21640 17320 PL81-898.............. USBR.
IMCRQ........ 761.3 2941.3 2860.0 17320 4500
Savage River Dam & Res........... MD Garrett.............. Savage R............. FMA.......... 20.0 1468.5 1317.0 366 0 PL 78-534............. Ptmc Comm.
Scoggins Dam Henry Hagg Lk....... ..... ..................... Scoggins Cr.......... FIR.......... 56.3 305.8 235.3 116 4 PL 89-596............. USBR.
Shadehill Dam & Res.............. SD Perkins.............. Grand R.............. F............ 218.3 2302.0 2271.9 9900 4800 PL78-534.............. USBR.
IQ........... 80.9 2271.9 2250.8 4800 2800
Shasta Dam Lk.................... CA Shasta............... Sacramento R......... FEIA......... 1300.0 1067.0 1018.6 29570 23894 PL75-392.............. USBR.
EIA.......... 3241.0 1018.6 735.8 23894 2200
Shepaug Dam & Lk................. CT Litchfield........... Housatonic R......... E............ 5.0 200.0 172.0 1882 1125 FERC 2576............. CLPC.
Smith Mtn Dam & Res.............. VA Bedford.............. Roanoke R............ E............ 40.8 795.0 793.0 20600 20200 Fed Pwr Act........... Appl Pwr.
Franklin.............
Roanoke..............
Pttsylvnia...........
[[Page 123]]
Stampede Dam & Res............... CA Sierra............... Little Truckee R..... FEM.......... 22.0 5949.0 5942.1 3430 3230 PL84-858.............. USBR.
EM........... 199.4 5942.0 5798.0 3230 210
Starvation Dam and Res........... UT Duchesne............. Strawberry R......... FIM.......... 165.3 5712.0 5595.0 3310 689 PL 84-485............. USBR.
Stevens Creek Dam & Res.......... GA Columbia............. Savannah River....... P............ 10.5 187.5 183.0 4300 0 FERC 2535............. SC E&G.
Stevenson Dam Lk Zoar............ CT Litchfield........... Housatonic R......... E............ 5.0 108.0 80.0 1148 516 FERC 2576............. CLPC.
Summer Dam & Lk.................. NM De Baca.............. Pecos R.............. FI........... 51.4 4261.0 4200.0 2835 0 PL 83-780............. USBR.
Tat Momolikot Dam & Lake......... AZ Pinal................ Santa Rosa Wash...... FIC.......... 198.5 1539.0 1480.0 11790 0 PL 89-298............. BIA.
Tiber Dam & Res.................. MT Libert Toole......... Marias R............. F............ 400.9 3012.5 2993.0 23150 17890 PL 78-534............. USBR.
FIQ.......... 268.0 2993.0 2976.0 17890 13790
IQ........... 121.7 2976.0 2966.4 13790 11710
Trenton Dam & Res................ NB Hitchcock............ Republican R......... F............ 134.1 2773.0 2752.0 7940 4922 PL78-534.............. USBR.
IRC.......... 99.8 2752.0 2720.0 4922 1572 PL 84-505.............
Turners Falls (Low) Dam & Lk..... MA Franklin............. Connecticut R........ E............ 8.7 185.0 176.0 2110 1880 FERC 1889............. WMEC
Twin Buttes Dam & Lake........... TX Tom Green............ Concho R............. F............ 454.4 1969.1 1940.2 23510 23510 PL85-152.............. USBR
IM........... 150.0 1940.2 1885.0 9080 670 PL 78-534.............
Twitchell Dam & Res.............. CA Santa Barbara........ Cuyama R............. F............ 89.8 651.5 623.0 3671 2556 PL83-774.............. USBR
IM........... 135.6 623.0 504.0 2556 0
Upper Baker Dam Baker Lk......... WA Whatcom.............. Baker R.............. FE........... 184.6 724.0 674.0 4985 2375 PL 89-298............. Pgt
FERC 2150B............ P&L
Vallecito Dam & Res.............. CO La Plata............. Los Pinos R.......... FEI.......... 125.4 7665.0 7582.5 2720 350 PL 61-288............. USBR
PL 68-292.............
Vernon Dam & Lk.................. VT Windham.............. Connecticut R........ E............ 18.3 220.1 212.1 2550 1980 FERC 1904............. NEPC
Wanapum Dam & Res................ WA Grant................ Columbia R........... FER.......... 151.6 571.5 560.0 14300 13350 FERC No 2114-B........ Grnt
PUD
Wanship Dam & Rockport........... UT Summit............... Weber R.............. FEIM......... 61.0 6037.0 5930.0 1077 121 PL 81-273............. USBR
Warm Springs Dam & Res........... OR Malheur.............. Middle Fork Malheur R FICR......... 191.0 3406.0 3327.0 460 90 PL 78-534............. Vale
USBR
Waterbury Dam & Res.............. VT Washington........... Little R............. FP........... 27.7 617.5 592.0 1330 890 PL 78-534............. VT
Webster Dam & Res................ KS Rocks................ S Fork Solomon R..... F............ 183.4 1923.7 1892.5 8480 3772 PL 78-534............. USBR
IRC.......... 72.1 1892.5 1860.0 3772 906 PL 79-526.............
PL 79-732.............
Weiss Dam & Res.................. AL Cherokee............. Coosa R.............. F............ 397.0 574.0 564.0 50000 30200 PL 83-436............. AL Pwr
E............ 148.4 564.0 558.0 30200 19545
Wells Dam L Pateros.............. WA Douglas.............. Columbia R........... FER.......... 74.0 781.0 771.0 10000 8000 FERC No 2149.......... Dgls
PUD
Wilder Dam & Lk.................. VT Windsor.............. Connecticut R........ E............ 13.3 385.0 380.0 3100 2240 FERC 1893............. NEPC
Yellowtail Dam & Bighorn Lk...... MT Big Horn............. Bighorn R............ F............ 258.3 3657.0 3640.0 17280 12600 PL 78-534............. USBR
FEIQ......... 240.3 3640.0 3614.0 12600 6915 PUD
EIQ.......... 336.1 3614.0 3547.0 6915 4150
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Cr--Creek; CS--Control Structure; Div--Diversion; DS--Drainage Structure; FG--Floodgate; Fk--Fork;GIWW--Gulf Intercoastal Waterway; Lk--Lake; L&D--Lock & Dam; PS--Pump Station; R--River;
Res--Reservoir
\2\ F--Flood Control; N--Navigation; P--Corps Hydropower; E--Non Corps Hydropower; I--Irrigation; M--Municipaland/or Industrial Water Supply; C--Fish and Wildlife Conservation; A--Low Flow
Augmentation or Pollution Abatement; R--Recreation;Q--Water Quality or Silt Control
\3\ FCA--Flood Control Act; FERC--Federal Energy Regulatory Comm; HD--House Document; PL--Public Law; PW--PublicWorks; RHA--River & Harbor Act; SD--Senate Document; WSA--Water Supply Act
\4\ Appl Pwr--Appalachian Power; Chln PUD--Chelan Cnty PUD 1; CLPC--CT Light & Power Co; Dgls PUD--Douglas Cnty PUD1; DWR--Department of Water Resources; EB-MUD--East Bay Municipal Utility
Dist; GRD--Grand River Dam Auth; Grnt PUD--Grant Cnty PUD2; Hnbl--city of Hannibal; M&T Irr--Modesto & Turlock Irr; Mrcd Irr--Merced Irr; NEPC--New England Power Co; PgntP&L--Pugent Sound
Power & Light; Ptmc Comm--Upper Potomac R Comm; Rclm B--Reclamation Board; Rkfd--city of Rockford;Sttl--city of Seattle; Tac--City of Tacoma; Vale USBR--50% Vale Irr 50% USBR; WF&CWID--City
of Wichita Falls and Wichita CntyWater Improvement District No. 2; WMEC--Western MA Electric Co; YCWA--Yuba City Water Auth; Yolo FC&W--Yolo Flood Control &Water Conserv Dist
[[Page 124]]
(Sec. 7, Pub. L. 78-534, 58 Stat. 890 (33 U.S.C. 709); the Federal Power
Act, 41 Stat. 1063 (16 U.S.C. 791(A)); and sec. 9, Pub. L.83-436, 68
Stat. 303)
[43 FR 47184, Oct. 13, 1978, as amended at 46 FR 58075, Nov. 30, 1981;
55 FR 21508, May 24, 1990]
[[Page 125]]
Sec. 208.19 Marshall Ford Dam and Reservoir (Mansfield Dam and Lake Travis), Colorado River, Tex.
The Secretary of the Interior, through his agent, the Lower Colorado
River Authority (LCRA) shall operate the Marshall Ford Dam and Reservoir
in theinterest of flood control as follows:
(a) Water Control Plan--(1) General objectives. The objectives of
the Marshall Ford Reservoir (Lake Travis) are the improvement
ofnavigation, flood control, stream regulation, generation of power,
irrigation, water supply, and recreation uses.
(2) Overall plan for water control. Within the Colorado River Basin,
four Federal projects provide flood control protection: Twin Buttes, O.
C.Fisher, Hords Creek, Marshall Ford Reservoir. The considerable
distance (328 river miles) and large intervening area (19,990 square
miles) separatingMarshall Ford Reservoir and the three upper basin
flood-control projects prevent realizing any significant benefits from
coordinating releases to controlthe inflow into Marshall Ford. Marshall
Ford Reservoir is the fifth project in a tandem of six lakes operated
and controlled by the Lower Colorado RiverAuthority for the generation
of hydroelectric power. These six projects in downstream order are: Lake
Buchanan, Lake Inks, Lake Lyndon B. Johnson (AlvinWirtz Dam), Lake
Marble Falls (Max Starcke Dam), Marshall Ford Reservoir (Lake Travis and
Mansfield Dam) and Lake Austin (Tom Miller Dam). The releasesfrom each
of the six projects are closely coordinated by the LCRA System Operation
Control Center. Three of the projects (Lake Inks, Lake Marble Falls,
andLake Austin) are run-of-the-river projects. The capabiity of the four
upstream lakes to control the inflow of flood water into Marshall Ford
depends ontheir antecedent lake elevations. The majority of inflows to
Marshall Ford are comprised of the mainstream flows of the Colorado
River, the tributary flowsof the Llano River (entering the Colorado
River between Lakes Inks and Lyndon B. Johnson) and the unregulated
tributary flows of the Pedernales River(entering between Lake Marble
Falls and Marshall Ford Reservoir). During flood conditions, the
following upstream U.S. Geological Survey gaging stationsare used as
indicators of the magnitude of the inflows to Marshall Ford Reservoir:
(i) Colorado River near San Saba (08147000).
(ii) Pedernales River near Johnson City (08153500).
(iii) Llano River at Llano (08151500).
(3) Standing instructions to dam tender. During normal conditions,
the dam tender will regulate the project in accordance with
instructionsreceived from the LCRA System Operator. During flood
conditions, when the Marshall Ford Reservoir level is within the flood
control zone, the LCRA SystemOperator will regulate the project in
accordance with instructions received from the Corps of Engineers. In
the event of a communication outage, the LCRASystem Operator will rely
on the Emergency Release Schedule, to make changes in the rate of
releases from the lake.
(4) Flood control regulation--(i) General. At all times, releases
shall be coordinated such that the Colorado River, Texas, will
becontrolled when possible, to remain below control stages at downstream
official U.S. Geological Survey (USGS) gaging stations; except that no
curtailmentof normal hydroelectric turbine releases shall result thereby
at any time. The USGS river stations and their control stages are as
follows:
Key Downstream Control Points
------------------------------------------------------------------------
Equivalent
Control cubic feet
Station stage per second
(feet) (c.f.s.)
------------------------------------------------------------------------
Austin (08158000)............................... 20.5 30,000
\1\ 24.8 \1\ 50,000
Bastrop (08159200).............................. 25.1 45,000
\1\ 26.7 \1\ 50,000
Columbus (08161000)............................. 25.5 50,000
------------------------------------------------------------------------
\1\ Control stage when elevation 710 is forecast to be exceeded.
Forecasted reservoir inflows and the upstream USGS gaging stations
Pedernales River near Johnson City (08153500), Llano River at Llano
(08151500),and Colorado River near San Saba (08147000) will be
considered when scheduling flood releases.
(ii) Flood control release schedule. Marshall Ford will be regulated
to reduce
[[Page 126]]
flooding on the Colorado River below the dam. This plan ofregulation
will govern flood control releases from Marshall Ford Dam as follows:
(A) Elevation 681-683. If the reservoir level is forecast to rise
above elevation 681 feet, m.s.l. (top of conservation pool) but not
toexceed elevation 683 feet, m.s.l., the releases shall be increased to
3,000 c.f.s. and maintained until the reservoir level recedes to
elevation 681 feet,m.s.l. These release rates may need to be reduced due
to excessive downstream runoff to prevent exceeding the control stages
specified in paragraph (a)(4)(i) of this section.
(B) Elevation 683-685. If the reservoir elevation is forecast to
rise above elevation 683 feet, m.s.l. but not to exceed elevation 685
thereleases shall be increased to 5,000 c.f.s. and maintained until the
reservoir level recedes below 683 feet, m.s.l. These release rates may
need to bereduced due to excessive downstream runoff to prevent
exceeding the control stages specified in paragraph (a)(4)(i) of this
section.
(C) Elevation 685-691. Seasonal. (1) During the months of January
through April, July through August, and November through December:If the
reservoir elevation is forecast to rise above elevation 685 feet, m.s.l.
but not to exceed elevation 691, the releases shall be increased to
5,000c.f.s. and maintained until the reservoir level recedes below 683
feet, m.s.l. These release rates may need to be reduced due to excessive
downstreamrunoff to prevent exceeding the control stages specified in
paragraph (a)(4)(i) of this section.
(2) During the months of May, June, September, and October: Should
the reservoir elevation be forecast to exceed 685 feet, m.s.l. but not
toexceed elevation 691 feet, m.s.l: Releases will be made at 30,000
c.f.s. from the project or at a rate such that, when combined with local
inflows belowthe dam, will equal but not exceed downstream control
stages on the Colorado River as specified in paragraph (a)(4)(i) of this
section. These release rateswill be maintained until the reservoir level
falls below elevation 685 feet, m.s.l.
(D) Elevation 691-710. Should the reservoir elevation be forecast to
exceed 691 feet, m.s.l. (the top of the joint use pool) but not toexceed
elevation 710 feet, m.s.l: Releases will be made at 30,000 c.f.s. from
the project or at a rate such that, when combined with local inflows
belowthe dam, will equal but not exceed downstream control stages on the
Colorado River as specified in paragraph (a)(4)(i) of this section.
These release rateswill be so controlled until the reservoir level falls
below elevation 691 feet, m.s.l.
(E) Elevation 710-714. If the reservoir level is forecast to exceed
710 feet, m.s.l. but not to exceed elevation 714 feet, m.s.l:
Releaseswill be made at 50,000 c.f.s. from the project or at a rate such
that, when combined with local inflows below the dam, will equal but not
exceed thedownstream control stages on the Colorado River as specified
in paragraph (a)(4)(i) of this section. These release rates will be
maintained until thereservoir level falls below elevation 710 feet,
m.s.l.
(F) Elevation 714-722. If the reservoir level is forecast to exceed
714 feet, m.s.l. but not to exceed 722 feet, m.s.l: Releases will bemade
at 90,000 c.f.s. from the project. Releases shall not exceed the
associated peak flood reservoir inflow.
(G) Elevation 722 and above. If the reservoir level is forecast to
exceed elevation 722 feet, m.s.l., the Bureau of Reclamation will
schedulereleases as required for the safety of the structure.
(iii) Normal flood control regulation schedule. The following table,
Flood Control Regulation Schedule, summarizes the flood control
releasesschedule for given reservoir levels and river conditions:
Marshall Ford Dam and Reservoir Normal Flood Control Regulation Schedule
----------------------------------------------------------------------------------------------------------------
Condition Reservoir level Flood controlrelease Control points
----------------------------------------------------------------------------------------------------------------
Pool Rising.......... Forecast: 681-683 \1\ 3,000 c.f.s............. 30,000 c.f.s. (20.5 ft.) at Austin.
45,000 c.f.s. (25.1 ft.) at Bastrop.
50,000 c.f.s. (25.5 ft.) at Columbus.
Do.................. Forecast: 683-685.... 5,000 c.f.s............. 30,000 c.f.s. (20.5 ft.) at Austin.
45,000 c.f.s. (25.1 ft.) at Bastrop.
50,000 c.f.s. (25.5 ft.) at Columbus.
[[Page 127]]
Do.................. Forecast: 685-691:...
(a) During January, 5,000 c.f.s............. 30,000 c.f.s. (20.5 ft.) at Austin.
February, March,
April, July, August,
November, December.
45,000 c.f.s. (25.1 ft.) at Bastrop.
50,000 c.f.s. (25.5 ft.) at Columbus.
(b) During May, June, 30,000 c.f.s............ 30,000 c.f.s. (20.5 ft.) at Austin.
September, October.
45,000 c.f.s. (25.1 ft.) at Bastrop.
50,000 c.f.s. (25.5 ft.) at Columbus.
Do.................. Forecast: 691-710.... 30,000 c.f.s............ 30,000 c.f.s. (20.5 ft.) at Austin.
45,000 c.f.s. (25.1 ft.) at Bastrop.
50,000 c.f.s. (25.5 ft.) at Columbus.
Do.................. Forecast: 710-714.... 50,000 c.f.s............ 50,000 c.f.s. (24.8 ft.) at Austin.
50,000 c.f.s. (26.7 ft.) at Bastrop.
50,000 c.f.s. (25.5 ft.) at Columbus.
Do.................. Forecast: 714-722 \2\ 90,000 c.f.s............ No controls.
Do.................. Forecast: above 722.. The Bureau of
Reclamation will
specify the releases
for safety of the
structure.
Pool Falling......... Above 722............ ......do................
Do.................. 722-714 \2\.......... 90,000 c.f.s............ No controls.
Do.................. 714-710.............. 50,000 c.f.s............ 50,000 c.f.s. (24.8 ft.) at Austin.
50,000 c.f.s. (26.7 ft.) at Bastrop.
50,000 c.f.s. (25.5 ft.) at Columbus.
Do.................. 710-691.............. 30,000 c.f.s............ 30,000 c.f.s. (20.5 ft.) at Austin.
45,000 c.f.s. (25.1 ft.) at Bastrop.
50,000 c.f.s. (25.5 ft.) at Columbus.
Do.................. 691-685:............. 30,000 c.f.s............ 30,000 c.f.s. (20.5 ft.) at Austin.
(a) During May, June,
September, October.
45,000 c.f.s. (25.1 ft.) at Bastrop.
50,000 c.f.s. (25.5 ft.) at Columbus.
(b) During January, 5,000 c.f.s............. 30,000 c.f.s. (20.5 ft.) at Austin.
February, March,
April, July, August,
November, December.
45,000 c.f.s. (25.1 ft.) at Bastrop.
50,000 c.f.s. (25.5 ft.) at Columbus.
Do.................. 685-683.............. 5,000 c.f.s............. 30,000 c.f.s. (20.5 ft.) at Austin.
45,000 c.f.s. (25.1 ft.) at Bastrop.
50,000 c.f.s. (25.5 ft.) at Columbus.
Do.................. 683-681.............. 3,000 c.f.s............. 30,000 c.f.s. (20.5 ft.) at Austin.
45,000 c.f.s. (25.1 ft.) at Bastrop.
50,000 c.f.s. (25.5 ft.) at Columbus.
----------------------------------------------------------------------------------------------------------------
\1\ During flood conditions, when the reservoir level is below elevation 681 ft., m.s.l., the Corps of Engineers
will provide recommendations tothe Lower Colorado River Authority on flood control releases.
\2\ Releases shall not exceed the associated peak flood reservoir inflow.
Note: No curtailment of normal hydroelectric turbine releases shall be required due to flood control operations.
(5) Deviation from normal regulation. (i) There are occasions when
it is necessary or desirable to deviate from the water control plan for
shortperiods of time as indicated in the following paragraphs:
(A) The water control plan is subject to temporary modification by
the Corps of Engineers, if found necessary in time of emergency.
Requests for andaction on such modifications may be made by the fastest
means of communication available. The action taken shall be confirmed in
writing the same day tothe project owner and shall include justification
for the action.
(B) The project owner may temporarily deviate from the water control
plan in the event an immediate short-term departure is deemed necessary
foremergency reasons to protect the safety of the dam, or to avoid
serious hazards. Such actions shall be immediately reported by the
fastest means ofcommunication available. Actions shall be confirmed in
writing the same
[[Page 128]]
day to the Corps of Engineers and shall include justification for the
action.Continuation of the deviation will require the express approval
of the Chief of Engineers, or his duly authorized representative.
(C) Advance approval of the Chief of Engineers, or this duly
authorized representative, is required prior to any deviation from the
plan of regulationprescribed or approved by the Corps of Engineers in
the interest of flood control and/or navigation, except in emergency
situations provided for inparagraph (a)(5)(i)(B) of this section. When
conditions appear to warrant a prolonged deviation from the approved
plan, the project owner and the Corps ofEngineers will jointly
investigate and evaluate the proposed deviation to insure that the
overall intergrity of the plan would not be unduly compromised.Approval
of prolonged deviations will not be granted unless such investigations
and evaluations have been conducted to the extent deemed necessary by
theChief of Engineers, or his designated representative, to fully
substantiate the deviations.
(ii) The Fort Worth District Corps of Engineers will serve as the
LCRA contact point for any deviation from or modification of the water
control plan.The communication network will be described in the Water
Control Manual. The Fort Worth District will notify the Division
Engineer, Southwestern Division,Corps of Engineers of any deviations or
modifications of the water control plan and request his approval. The
Division Engineer has been designated as theauthorized representative of
the Chief of Engineers in matters relating to projects within the
Southwestern Division which are subject to provisions ofSection 7 of the
1944 Flood Control Act.
(b) Reports to the Corps of Engineers. (1) The Authority shall
furnish the District Engineer, Fort Worth District, U.S. Army Corps of
Engineers,by 0900 hours daily, with the following:
(i) Project information.
(A) Lake elevations at midnight and 0800 hours.
(B) Uncontrolled spillway, flood-control conduits, and turbine
releases: Cubic feet per second at 0800 hours, and day-second-feet
average for theprevious 24 hours, ending at midnight.
(C) Computed average inflow, in day-second-feet for the previous 24
hours, ending at midnight.
(D) Total precipitation in inches for the previous 24 hours at the
dam, ending at 0800 hours.
(E) Summary of streamflow and channel conditions at gages named in
paragraphs (a)(2) and (a)(4)(i) of this section.
(ii) Lake Buchanan Pool elevation at 0800 hours.
(2) Whenever flood conditions are imminent, or stages of 16 feet
(20,000 c.f.s.) or more at the Austin gage have been reached, the
Authority shallreport at once to the District Engineer by the fastest
means of communications available. Data listed in paragraph (b)(1) of
this section shall be reportedto, and at intervals prescribed by the
District Engineer for the duration of flood surveillance and control
operations.
(Sec. 7, Pub. L. 78-534, 58 Stat. 890 (33 U.S.C. 709))
[44 FR 24552, Apr. 26, 1979; 44 FR 29050, May 18, 1979]
Sec. 208.22 Twin Buttes Dam and Reservoir, Middle and South Concho Rivers, Tex.
The Bureau of Reclamation, or its designated agent, shall operate
the Twin Buttes Dam and Reservoir in the interest of flood control as
follows:
(a) Whenever the Twin Buttes Reservoir level is between elevations
1,940.2 (top of conservation pool) and elevation 1,969.1 (top of flood
control pool)the flood control discharge facilities shall be operated
under the direction of the District Engineer, Corps of Engineers,
Department of the Army, incharge of the locality, so as to reduce as
much as practicable the flood damage below the reservoir. All flood
control releases shall be made in amountswhich, when combined with
releases from San Angelo Reservoir on the North Concho River and local
inflow below the dam, will not produce flows in excess ofbankful
capacities on the South Concho and Concho Rivers downstream of the
reservoir. In order to accomplish this purpose, flows shall not exceed a
22.5-foot stage (25,000 c.f.s.) on
[[Page 129]]
the USGS gage on the Concho River near San Angelo, Tex. (river mile
60.9); or a 22.8-foot stage (25,000 c.f.s.) on theUSGS gage near Paint
Rock, Tex. (river mile 19.6).
(b) When the Twin Buttes Reservoir level exceeds elevation 1,969.1
(top of flood control pool), releases shall be made at the maximum rate
possible andcontinued until the pool elevation recedes to elevation
1,969.1 when releases shall be made to equal inflow or the maximum
release permissible underparagraph (a) of this section, whichever is
greater.
(c) The representative of the Bureau of Reclamation in immediate
charge of operation of the Twin Buttes Dam shall furnish daily to the
DistrictEngineer, Corps of Engineers, Department of the Army, in charge
of the locality, a report, on forms provided by the District Engineer
for this purpose,showing (1) for Twin Buttes Reservoir, the elevation of
the reservoir level; number of river outlet works gates in operation
with their respective openingsand releases; uncontrolled spillway
releases; storage; reservoir inflow; available evaporation data; and
precipitation in inches; and (2) for NasworthyReservoir, the elevation
of the reservoir level; irrigation outlet works and controlled spillway
releases; storage; tailwater elevation; and reservoirinflow. Normally,
one reading at 8 a.m. shall be shown for each day. Readings of all items
except evaporation shall be shown for at least threeobservations a day
when the Twin Buttes Reservoir level is above elevation 1,940.2.
Whenever the Twin Buttes Reservoir level rises to elevation 1,940.2
andreleases for flood regulation are necessary or appear imminent, the
Bureau representative shall report at once to the District Engineer by
telephone ortelegraph and, unless otherwise instructed, shall report
once daily thereafter in that manner until the reservoir level recedes
to elevation 1,940.2. Theselatter reports shall reach the District
Engineer by 9 a.m. each day.
(d) The regulations of this section insofar as they govern use of
the flood control storage capacity in Twin Buttes Reservoir above
elevation 1,940.2are subject to temporary modification in time of flood
by the District Engineer, if found desirable on the basis of conditions
at the time. Such desiredmodifications shall be communicated to the
representative of the Bureau of Reclamation in immediate charge of
operations of the Twin Buttes Dam by anyavailable means of communication
and shall be confirmed in writing under date of the same day to the
Regional Director in charge of the locality, with acopy to the
representative in charge of the Twin Buttes Dam.
(e) Flood control operation shall not restrict releases necessary
for municipal, industrial, and irrigation uses.
(f) Releases made in accordance with the regulations of this section
are subject to the condition that releases shall not be made at rates or
in amanner that would be inconsistent with emergency requirements for
protecting the Twin Buttes Dam and Reservoir from major damage or
inconsistent with saferouting of the inflow design flood (spillway
design flood).
(g) The discharge characteristics of the river outlet works (capable
of discharging approximately 32,470 c.f.s. with the reservoir level at
elevation1,969.1) shall be maintained in accordance with the
construction plans (Bureau of Reclamation Specifications No. DC-5274 as
modified by reviseddrawings and criteria in Designers' Operating
Criteria, Twin Buttes Dam, dated February 1963).
(h) All elevations stated in this section are at Twin Buttes Dam and
are referred to the datum in use at that location.
[31 FR 12521, Sept. 22, 1966]
Sec. 208.25 Pensacola Dam and Reservoir, Grand (Neosho) River, Okla.
The representative of the agency charged with the operation of the
Pensacola Dam, referred to in this section as the Representative shall
operate thedam and reservoir in the interest of flood control as
follows:
(a) Whenever the pool stage exceeds elevation 745 at the dam, the
discharge facilities shall be operated under the direction of the
District Engineer,Engineer Department at Large, in charge of the
locality, so as to reduce as much as practicable the flood damage below
[[Page 130]]
the reservoir and to limit thepool stage to elevation 755 at the dam.
(b) The District Engineer will advise the Representative when inflow
rates are anticipated which will raise the pool above elevation 745 at
the dam.The District Engineer will also advise the Representative of
essential increase in the flood control storage capacity of the
reservoir which should beprovided by drawing the pool down below
elevation 745 at the dam in order to obtain maximum flood control
benefits, with the provision that the suggestedreduction in power
storage shall at no time exceed the replacement volume of flow then in
sight in the streams above the reservoir.
(c) The Representative shall furnish the District Engineer, daily, a
report showing the elevation of the reservoir pool and the tailwater,
number ofgates in operation, spillway and turbine releases, evaporation,
storage, reservoir inflow, and precipitation in inches as shown by
Agency gages. Onereading shall be shown for each day with additional
readings of releases for all changes in spillway gate operation, and
with readings of all items exceptevaporation three times daily when the
District Engineer advises the Representative that flood conditions are
imminent. By agreement between theRepresentative and the District
Engineer, any of the foregoing information may be furnished by telephone
and may, if agreed upon, be omitted from thereport. Whenever the pool is
above elevation 745 at the dam the Representative shall submit
additional reports by telegraph or telephone as directed by theDistrict
Engineer, with a report to be furnished immediately whenever the pool
rises above elevation 745 at the dam.
(d) The District Engineer will furnish the Representative with all
available information and detailed instructions for operation of the
reservoir inthe interest of flood control during an emergency condition
when communications between the dam and the District Office are broken.
In the event that theDistrict Engineer or his authorized representative
cannot be reached by telephone, telegraph or by other means during a
flood emergency, these instructionswill govern. The provisions of
paragraphs (a), (b), and (c) of this section will govern at all times
except during such an emergency.
(e) Elevations stated in this section are referred to Pensacola
datum which is 1.07 feet below mean sea level.
[10 FR 15044, Dec. 14, 1945]
Sec. 208.26 Altus Dam and Reservoir, North Fork Red River, Okla.
The Bureau of Reclamation, or its designated agent, shall operate
the Altus Dam and Reservoir in the interest of flood control as follows:
(a) Flood control storage in the reservoir between elevation 1559
(top of conservation pool) and elevation 1562 (top of flood control
pool) amounts to21,448 acre-feet (based on 1953 sedimentation survey).
Whenever the reservoir level is within this elevation range, the flood
control discharge facilitiesshall be operated under the direction of the
District Engineer, Corps of Engineers, Department of the Army, in charge
of the locality, so as to reduce asmuch as practicable the flood damage
below the dam, and to limit the reservoir level to elevation 1562 when
possible.
(b) When the reservoir level is below elevation 1559 and the
predicted volume of runoff from the area above the dam exceeds the
volume of waternecessary to raise the reservoir level above elevation
1559, the reservoir will be operated to obtain maximum overall benefits
which may consist ofpreflood releases: Provided, That all preflood
releases will have prior concurrence of the Bureau of Reclamation or its
designated agent. Thepreflood releases shall not result in a reservoir
level below elevation 1559 at the end of the flood.
(c) When the reservoir level exceeds elevation 1559, releases will
be made equal to inflow or 2,000 c.f.s., whichever is smaller, except
that when thereservoir elevation forecast indicates that this operation
will result in a reservoir level exceeding elevation 1562, releases will
be increased in orderto provide maximum overall benefits and prevent the
reservoir level from exceeding elevation 1562, insofar as possible. The
flood control pool will beemptied by continuing the peak discharge rate
[[Page 131]]
until the reservoir level recedes to elevation 1559, at which time
releases will be made equal toinflow.
(d) If the reservoir level exceeds elevation 1562 (top of flood
control pool) releases shall be made at the maximum rate possible
through the spillwaygates, conduit, and the uncontrolled spillway and
continued until the reservoir level recedes to elevation 1559, at which
time releases will be made equalto inflow.
(e) Whenever the reservoir level is above elevation 1559 and
communication with the Bureau of Reclamation Regional Office and the
Corps of EngineersDistrict Office is unobtainable, releases shall be
made equal to inflow until all gates are fully open. The maximum release
thus obtained shall bemaintained until the pool recedes to elevation
1559 at which time releases shall be made to equal inflow.
(f) The representative of the Bureau of Reclamation, or its
designated agent, in immediate charge of the operation of Altus Dam will
furnish daily tothe District Engineer, Corps of Engineers, Department of
the Army, in charge of the locality, a report on forms provided by the
District for this purpose,showing the reservoir pool elevation; the
number of spillway gates in operation with their respective opening and
releases; the uncontrolled spillwayrelease; conduit, canal outlet
wasteway, and irrigation releases; storage; reservoir inflow; available
evaporation data; and precipitation in inches. Areading at 8 a.m., noon,
4 p.m., and midnight, shall be shown for each day. Whenever the
reservoir level rises to elevation 1559 and releases for floodcontrol
regulation are necessary or appear imminent, the representative of the
Bureau of Reclamation or its designated agent, shall report at once to
theDistrict Engineer by telephone or telegraph and, unless otherwise
instructed, shall report at 8 a.m., noon, and 3 p.m. thereafter, in that
manner, untilthe reservoir level recedes to elevation 1559. These latter
reports shall reach the District Engineer by 9 a.m., 1 p.m., and 4 p.m.
each day.
(g) The regulations of this section, insofar as they govern use of
the flood control storage capacity above elevation 1559 are subject to
temporarymodification by the District Engineer in time of flood, if
found desirable on the basis of conditions at the time. Such desired
modifications shall becoordinated with and approved by the Bureau of
Reclamation.
(h) Flood control operation shall not restrict releases necessary
for irrigation, municipal, and industrial uses.
(i) Releases made in accordance with the regulations of this section
are subject to the conditions that releases shall not be made at rates
or in amanner that would be inconsistent with emergency requirements for
protecting the dam and reservoir from major damage.
(j) Any time that the Bureau of Reclamation determines that
operation in accordance with the regulations of this section will
jeopardize the safety ofAltus Dam, they will so advise the District
Engineer and will assume operational responsibility and take action
necessary to assure the safety of the dam.
(k) The discharge characteristics of the controlled and the
uncontrolled spillways (capable of discharging approximately 42,800
c.f.s. and 2,000c.f.s., respectively, with the reservoir level at
elevation 1562) shall be maintained in accordance with the construction
plans (Bureau of ReclamationDrawing No. 258-D-69).
(l) All elevations stated in this section are at Altus Dam and are
referred to the datum in use at that location.
[33 FR 12733, Sept. 7, 1968]
Sec. 208.27 Fort Cobb Dam and Reservoir, Pond (Cobb) Creek, Oklahoma.
The Bureau of Reclamation shall operate the Fort Cobb Dam and
Reservoir in the interest of flood control as follows:
(a) Whenever the reservoir level is between elevation 1342.0, top of
the conservation pool, and elevation 1354.8, top of flood control pool,
the floodcontrol discharge facilities shall be operated under the
direction of the District Engineer, Corps of Engineers, Department of
the Army, in charge of thelocality, so as to reduce as much as
practicable the flood damage below the reservoir. All flood control
releases shall be made in amounts which, whencombined with local inflow
below the dam,
[[Page 132]]
will not produce flows in excess of bankfull on Pond (Cobb) Creek
downstream of the reservoir and on theWashita River downstream of their
confluence. In order to accomplish this purpose, flows shall not exceed
a 13.0-foot stage (1,300 cfs) on the USGS gage onPond (Cobb) Creek near
Fort Cobb, Oklahoma, river mile 5.0; a 19.0-foot stage (6,000 cfs) on
the USGS gage on the Washita River near Anadarko, Oklahoma,river mile
305.0; or a 19.0-foot stage on the USGS gage near Bradley, Oklahoma,
river mile 210.6.
(b) When the reservoir level exceeds elevation 1354.8, top of flood
control pool, releases shall be made at the maximum rate possible and
continueduntil the pool elevation recedes to elevation 1354.8 when
releases shall be made to equal inflow or the maximum release
permissible under paragraph (a) ofthis section, whichever is greater.
(c) The representative of the Bureau of Reclamation in immediate
charge of operation of the Fort Cobb Dam shall furnish daily to the
District Engineer,Corps of Engineers, Department of the Army, in charge
of the locality, a report, on forms provided by the District Engineer
showing the elevation of thereservoir level; number of river outlet
works gates in operation with their respective openings and releases;
uncontrolled spillway and municipal outletworks release; storage;
tailwater elevation; reservoir inflow; available evaporation data; and
precipitation in inches. Normally, one reading at 8:00 a.m.,shall be
shown for each day. Readings of all items except evaporation shall be
shown for at least three observations a day when the reservoir level
isabove elevation 1342.0. Whenever the reservoir level rises to
elevation 1342.0 and releases for flood regulation are necessary or
appear imminent, theBureau representative shall report at once to the
District Engineer by telephone or telegraph and, unless otherwise
instructed, shall report once dailythereafter in that manner until the
reservoir level recedes to elevation 1342.0. These latter reports shall
reach the District Engineer by 9:00 a.m., eachday.
(d) The regulations of this section insofar as they govern use of
the flood control storage capacity above elevation 1342.0 are subject to
temporarymodification in time of flood by the District Engineer if found
desirable on the basis of conditions at the time. Such desired
modifications shall becommunicated to the representative of the Bureau
of Reclamation in immediate charge of operations of the Fort Cobb Dam by
any available means ofcommunication and shall be confirmed in writing
under date of the same day to the Regional Director in charge of the
locality, with a copy to therepresentative in charge of the Fort Cobb
Dam.
(e) Flood control operation shall not restrict releases necessary
for municipal-industrial and irrigation uses:
(f) Releases made in accordance with the regulations of this section
are subject to the condition that releases shall not be made at rates or
in amanner that would be inconsistent with emergency requirements for
protecting the dam and reservoir from major damage or inconsistent with
safe routing ofthe inflow design flood.
(g) All elevations stated in this section are at Fort Cobb Dam and
are referred to the datum in use at that location.
[26 FR 3190, Apr. 14, 1961]
Sec. 208.28 Foss Dam and Reservoir, Washita River, Oklahoma.
The Bureau of Reclamation shall operate the Foss Dam and Reservoir
in the interest of flood control as follows:
(a) Whenever the reservoir level is between elevation 1652.0, top of
conservation pool, and elevation 1668.6, top of flood control pool, the
floodcontrol discharge facilities shall be operated under the direction
of the District Engineer, Corps of Engineers, Department of the Army, in
charge of thelocality, so as to reduce as much as practicable the flood
damage below the reservoir. All flood control releases shall be made in
amounts which, whencombined with local inflow below the dam, will not
produce flows in excess of bankfull on the Washita River downstream of
the reservoir. In order toaccomplish this purpose, flows shall not
exceed an 18.0 foot stage (3,000 c.f.s.) on the USGS gage on the Washita
River near Clinton, Oklahoma, river mile447.4, or an 18.0 foot stage
(6,000 c.f.s.) on the USGS
[[Page 133]]
gage on the Washita River near Carnegie, Oklahoma, river mile 353.9.
(b) When the reservoir level exceeds elevation 1668.6, top of flood
control pool, releases shall be made at the maximum rate possible
through the riveroutlet works and uncontrolled spillway and continued
until the pool elevation recedes to elevation 1668.6 when releases shall
be made to equal inflow orthe maximum release permissible under
paragraph (a) of this section, whichever is greater.
(c) The representative of the Bureau of Reclamation in immediate
charge of operation of the Foss Dam shall furnish daily to the District
Engineer,Corps of Engineers, Department of the Army, in charge of the
locality, on forms provided by the District Engineer for this purpose, a
report, showing theelevation of the reservoir level; number of river
outlet works gates in operation with their respective openings and
releases; canal outlet works,municipal outlet works and uncontrolled
spillway releases; storage; tailwater elevation; reservoir inflow;
available evaporation data; and precipitation ininches. Normally, one
reading at 8:00 a.m. shall be shown for each day. Readings of all items
except evaporation shall be shown for at least threeobservations a day
when the reservoir level is above elevation 1652.0. Whenever the
reservoir level rises to elevation 1652.0 and releases for
floodregulation are necessary or appear imminent, the Bureau
representative shall report at once to the District Engineer by
telephone or telegraph and, unlessotherwise instructed, shall report
once daily thereafter in that manner until the reservoir level recedes
to elevation 1652.0. These latter reports shallreach the District
Engineer by 9:00 a.m., each day.
(d) The regulations of this section insofar as they govern use of
the flood control storage capacity above elevation 1652.0 are subject to
temporarymodification in time of flood by the District Engineer if found
desirable on the basis of conditions at the time. Such desired
modifications shall becommunicated to the representative of the Bureau
of Reclamation in immediate charge of operations of the Foss Dam by any
available means of communicationand shall be confirmed in writing under
date of the same day to the Regional Director in charge of the locality,
with a copy to the representative incharge of the Foss Dam.
(e) Flood control operations shall not restrict releases necessary
for municipal-industrial and irrigation uses.
(f) Releases made in accordance with the regulations of this section
are subject to the condition that releases shall not be made at rates or
in amanner that would be inconsistent with emergency requirements for
protecting the dam and reservoir from major damage or inconsistent with
safe routing ofthe inflow design flood.
(g) All elevations stated in this section are at Foss Dam and are
referred to the datum in use at that location.
[26 FR 6982, Aug. 3, 1961]
Sec. 208.29 Arbuckle Dam and Lake of the Arbuckles, Rock Creek, Okla.
The Bureau of Reclamation, or its designated agent, shall operate
the Arbuckle Dam and Lake of the Arbuckles in the interest of flood
control asfollows:
(a) Flood control storage in Lake of the Arbuckles between elevation
872 (top of conservation pool) and elevation 885.3 (top of flood control
pool)initially amounts to 36,400 acre-feet. Whenever the lake level is
within this elevation range the flood control discharge facilities shall
be operatedunder the direction of the District Engineer, Corps of
Engineers, Department of the Army, in charge of the locality, so as to
reduce as much as practicableof the flood damage below the lake. In
order to accomplish this purpose, flood control releases shall be
limited to amounts, which when combined with localinflows below the dam
will not produce flows in excess of bankfull on Rock Creek downstream of
the lake and on the Washita River, from the confluence ofRock Creek to
Durwood, Okla. Operating stages and corresponding flows are as follows:
An 11-foot stage (15,000 c.f.s.) on the U.S.G.S. gage on Rock Creeknear
Dougherty, Okla., river mile 1; and a 20-foot stage (15,000 c.f.s.) on
the U.S.G.S. gage on the Washita River near Durwood, Okla., river mile
63.4.
[[Page 134]]
(b) When the level in Lake of the Arbuckles exceeds elevation 885.3
(top of flood control pool), releases shall be made at the maximum
ratepossible through the river outlet works and the uncontrolled
spillway and continued until the lake level recedes to elevation 885.3
when releases shall bemade to equal inflow or the maximum release
permissible under paragraph (a) of this section, whichever is greater.
(c) The representative of the Bureau of Reclamation or its
designated agent in immediate charge of operation of the Arbuckle Dam
shall furnish daily tothe District Engineer, Corps of Engineers,
Department of the Army, in charge of the locality, a report, on forms
provided by the District Engineer for thispurpose, showing the lake
elevation; the number of river outlet works gates in operation with
their respective openings and releases; uncontrolled spillwayrelease;
municipal pumping rate; tailwater elevation; available evaporation data;
and precipitation in inches. Normally, a reading at 8 a.m., noon, 4
p.m.,and midnight shall be shown for each day. Whenever the lake level
rises to elevation 872 and releases for flood regulation are necessary
or appearimminent, the representative of the Bureau of Reclamation or
its designated agent, shall report at once to the District Engineer by
telephone or telegraphand unless otherwise instructed shall report once
daily thereafter in that manner until the lake level recedes to
elevation 872. These latter reports shallreach the District Engineer by
9 a.m. each day.
(d) The regulations of this section, insofar as they govern use of
flood control storage capacity above elevation 872, are subject to
temporarymodification in time of flood by the District Engineer if found
desirable on the basis of conditions at the time. Such desired
modifications shall becommunicated to the representative of the Bureau
of Reclamation and its designated agent in immediate charge of operation
of the Arbuckle Dam by anyavailable means of communication, and shall be
confirmed in writing under date of the same day to the Regional Director
in charge of the locality, and hisdesignated agent, with a copy to the
representative in charge of the Arbuckle Dam.
(e) Flood control operation shall not restrict pumping necessary for
municipal and industrial uses and releases necessary for downstream
users.
(f) Releases made in accordance with the regulations of this section
are subject to the condition that releases shall not be made at rates or
in amanner that would be inconsistent with emergency requirements for
protecting the dam and lake from major damage or inconsistent with the
safe routing ofthe inflow design flood (spillway design flood).
(g) The discharge characteristics of the river outlet works (capable
of discharging approximately 1,880 c.f.s. when the lake level is at 872)
shall bemaintained in accordance with the construction plans (Bureau of
Reclamation Specifications No. 6099 as modified by the ``as built''
drawings).
(h) All elevations stated in this section are at Arbuckle Dam and
are referred to the datum in use at that location.
[33 FR 263, Jan. 9, 1968]
Sec. 208.32 Sanford Dam and Lake Meredith, Canadian River, Tex.
The Bureau of Reclamation, or its designated agent, shall operate
the Sanford Dam and Lake Meredith in the interest of flood control as
follows:
(a) Flood control storage in the reservoir, Lake Meredith, between
elevation 2941.3 (top of conservation pool) and elevation 2965.0 (top of
floodcontrol pool) initially amounts to 462,100 acre-feet. Whenever the
reservoir level is within this elevation range, the flood control
discharge facilitiesshall be operated under the direction of the
District Engineer, Corps of Engineers, Department of the Army, in charge
of the locality, so as to reduce asmuch as practicable the flood damage
below the reservoir. All flood control releases shall be made in amounts
which, when combined with local inflow belowthe dam, will not produce
flows in excess of bankfull on the Canadian River downstream of the
reservoir. In order to accomplish this purpose, flows shallnot exceed
25,000 c.f.s. at the Sanford Dam site or an 8.0-foot stage (75,000
c.f.s.) on the U.S.G.S. gage on the Canadian
[[Page 135]]
River near Canadian, Tex.,river mile 433.9.
(b) When the reservoir level exceeds elevation 2965.0 (top of flood
control pool) releases shall be made at the maximum rate possible
through the floodcontrol outlet works, the river outlet works and the
uncontrolled spillway and continue until the pool level recedes to
elevation 2965.0 when releases willbe made to equal inflow or the
maximum release permissible under paragraph (a) of this section,
whichever is greater.
(c) The representative of the Bureau of Reclamation, or its
designated agent in immediate charge of operation of the Sanford Dam
will furnish daily tothe District Engineer, Corps of Engineers,
Department of the Army, in charge of the locality, a report, on forms
provided by the District Engineer for thispurpose showing the pool
elevation; the number of flood control outlet works gates in operation
with their respective openings and releases; theuncontrolled spillway
release; and the municipal outlet works release; storage; tailwater
elevation; reservoir inflow; available evaporation data;
andprecipitation in inches. Normally a reading at 8 a.m., noon, 4 p.m.,
and midnight, shall be shown for each day. Readings of all items except
evaporationshall be shown for at least four observations a day when the
reservoir level is at or above elevation 2941.3. Whenever the reservoir
level rises toelevation 2941.3 and releases for flood regulation are
necessary or appear imminent, the representative of the Bureau of
Reclamation, or its designatedagent, shall report at once to the
District Engineer by telephone or telegraph and, unless otherwise
instructed, will report once daily thereafter in thatmanner until the
reservoir level recedes to elevation 2941.3. These latter reports shall
reach the District Engineer by 9 a.m. each day.
(d) The regulations of this section, insofar as they govern use of
the flood control storage capacity above elevation 2941.3, are subject
to temporarymodification in time of flood by the District Engineer if
found desirable on the basis of conditions at the time. Such desired
modifications shall becommunicated to the representative of the Bureau
of Reclamation and its designated agent in immediate charge of operation
of the Sanford Dam by the bestavailable means of communication, and
shall be confirmed in writing under date of the same day to the Regional
Director in charge of the locality, and hisdesignated agent, with a copy
to the representative in charge of the Sanford Dam.
(e) Flood control operation shall not restrict pumping necessary for
municipal and industrial uses and releases necessary for downstream
users.
(f) Release made in accordance with the regulations of this section
are subject to the condition that releases shall not be made at rates or
in amanner that would be inconsistent with emergency requirements for
protecting the dam and reservoir from major damage or inconsistent with
the safe routingof the inflow design flood (spillway design flood).
(g) The discharge characteristics of the flood control outlet works
(capable of discharging approximately 22,000 c.f.s. with the reservoir
level atelevation 2941.3) shall be maintained in accordance with the
construction plans (Bureau of Reclamation Specifications No. DC-5725 as
modified byrevised drawings and criteria in Designers' Operating
Criteria, Sanford Dam, dated October 1965).
(h) All elevations stated in this section are at Sanford Dam and are
referred to the datum in use at that location.
[31 FR 7751, June 1, 1966]
Sec. 208.33 Cheney Dam and Reservoir, North Fork of Ninnescah River, Kans.
The Bureau of Reclamation, or its designated agent, shall operate
the Cheney Dam and Reservoir in the interest of flood control as
follows:
(a) Flood control storage in the reservoir is the capacity between
elevation 1421.6 (top of the conservation pool) and elevation 1429.0
(top of theflood control pool), and initially amounts to 80,860 acre-
feet. Whenever the reservoir level is within this range the flood
control discharge facilitiesshall be operated under the direction of the
District Engineer, Corps of Engineers, Department of the Army, in
[[Page 136]]
charge of the locality, so as to reduceas much as practicable the flood
damage below the reservoir. All flood control releases shall be made in
amounts which, when combined with local inflowbelow the dam, will not
produce flows in excess of bankfull on the North Fork of Ninnescah and
Ninnescah River downstream of the reservoir and on theArkansas River to
Arkansas City, Kans. In order to accomplish this, flows shall not exceed
a 90-foot stage (2,500 c.f.s.) on the U.S.G.S. gage on NorthFork of
Ninnescah River near Cheney, Kans., river mile 8.8; a 12-foot stage
(7,000 c.f.s.) on the U.S.G.S. gage on Ninnescah River near Peck, Kans.,
rivermile 31.6; and a 16-foot stage (18,000 c.f.s.) on the U.S.W.B. gage
on Arkansas River at Arkansas City, Kans., river mile 701.4.
(b) When the reservoir level exceeds elevation 1429.0 (top of flood
control pool), releases shall be made at the maximum rate possible
through theriver outlet works and the uncontrolled spillway and
continued until the pool recedes to elevation 1429.0 when releases shall
be made to equal inflow orthe maximum release permissible under
paragraph (a) of this section, whichever is greater.
(c) The representative of the Bureau of Reclamation or its
designated agent in immediate charge of operation of the Cheney Dam
shall furnish daily tothe District Engineer, Corps of Engineers,
Department of the Army, in charge of the locality, a report, on forms
provided by the District Engineer for thispurpose, showing the pool
elevation; the number of river outlet works gates in operation with
their respective openings and releases; uncontrolled spillwayrelease;
municipal pumping rate; storage; tailwater elevation; reservoir inflow;
available evaporation data; and precipitation in inches. Normally,
areading at 8 a.m., noon, 4 p.m., and midnight, shall be shown for each
day. Whenever the reservoir pool rises to elevation 1421.6 and releases
for floodregulation are necessary or appear imminent, the representative
of the Bureau of Reclamation or its designated agent, shall report at
once to the DistrictEngineer by telephone or telegraph, and, unless
otherwise instructed, shall report once daily thereafter in that manner
until the reservoir pool recedes toelevation 1421.6. These latter
reports shall reach the District Engineer by 9 a.m. each day.
(d) The regulations of this section, insofar as they govern use of
flood control storage capacity above elevation 1421.6, are subject to
temporarymodification in time of flood by the District Engineer if found
desirable on the basis of conditions at the time. Such desired
modifications shall becommunicated to the representative of the Bureau
of Reclamation and its designated agent in immediate charge of
operations of the Cheney Dam by anyavailable means of communication, and
shall be confirmed in writing under date of the same day to the Regional
Director in charge of the locality, and hisdesignated agent, with a copy
to the representative in charge of the Cheney Dam.
(e) Flood control operation shall not restrict pumping necessary for
municipal and industrial uses and releases necessary for downstream
users.
(f) Releases made in accordance with the regulations of this section
are subject to the condition that releases shall not be made at rates or
in amanner that would be inconsistent with emergency requirements for
protecting the dam and reservoir from major damage or inconsistent with
the safe routingof the inflow design flood (spillway design flood).
(g) The discharge characteristics of the river outlet works (capable
of discharging approximately 3,590 c.f.s. with the reservoir level at
elevation1421.6) shall be maintained in accordance with the construction
plans (Bureau of Reclamation Specifications No. DC-5744 as modified by
reviseddrawings and criteria in Designers' Operating Criteria, Cheney
Dam, dated November 1964).
(h) All elevations stated in this section are at Cheney Dam and are
referred to the datum in use at that location.
[31 FR 7751, June 1, 1966]
[[Page 137]]
Sec. 208.34 Norman Dam and Lake Thunderbird, Little River, Okla.
The Bureau of Reclamation, or its designated agent, shall operate
Norman Dam and Lake Thunderbird in the interest of flood control as
follows:
(a) Flood control storage in Lake Thunderbird between elevation 1039
(top of the conservation pool) and elevation 1049.4 (top of flood
control pool)initially amounts to 76,600 acre-feet. Whenever the
reservoir level is within this elevation range the flood control
discharge facilities at Norman Damshall be operated under the direction
of the District Engineer, Corps of Engineers, Department of the Army, in
charge of the locality, so as to reduce asmuch as practicable the flood
damage below the reservoir. In order to accomplish this purpose, flood
control releases shall be limited to amounts which,when combined with
local inflows below the dam, will not produce flows in excess of
bankfull on the Little River downstream of the reservoir.
Controllingbankfull stages and corresponding flows, as presently
estimated, are as follows: A 7.5-foot stage (1,800 c.f.s.) on the
U.S.G.S. gage on Little River nearTecumseh, Okla., river mile 77.2 and a
17-foot stage (6,500 c.f.s.) on the U.S.G.S. gage on Little River near
Sasakwa, Okla., river mile 24.1.
(b) When the reservoir level in Lake Thunderbird exceeds elevation
1049.4 (top of flood control pool), releases shall be made at the
maximum ratepossible through the river outlet works and the uncontrolled
spillway and continued until the pool recedes to elevation 1049.4 when
releases shall be madeto equal inflow or the maximum release permissible
under paragraph (a) of this section, whichever is greater.
(c) The representative of the Bureau of Reclamation or its
designated agent in immediate charge of operation of the Norman Dam
shall furnish daily tothe District Engineer, Corps of Engineers,
Department of the Army, in charge of the locality, a report, on forms
provided by the District Engineer showingthe pool elevation; the number
of river outlet works gates in operation with their respective openings
and releases; uncontrolled spillway release;municipal pumping rate;
storage; tail water elevation; reservoir inflow; available evaporation
data; and precipitation in inches. Normally, a reading at 8a.m., noon, 4
p.m. and midnight, shall be shown for each day. Whenever the reservoir
level rises to elevation 1039 and releases for flood regulation
arenecessary or appear imminent, the representative of the Bureau of
Reclamation or its designated agent, shall report at once to the
District Engineer bytelephone or telegraph and, unless otherwise
instructed, shall report once daily thereafter in that manner until the
reservoir level recedes to elevation1039. These latter reports shall
reach the District Engineer by 9 a.m. each day.
(d) The regulations of this section, insofar as they govern use of
flood control storage capacity above elevation 1039.0, are subject to
temporarymodification in time of flood by the District Engineer if found
desirable on the basis of conditions at the time. Such desired
modifications shall becommunicated to the representative of the Bureau
of Reclamation and its designated agent in immediate charge of
operations of the Norman Dam by anyavailable means of communication, and
shall be confirmed in writing under date of the same day to the Regional
Director in charge of the locality, and hisdesignated agent, with a copy
to the representative in charge of the Norman Dam.
(e) Flood control operation shall not restrict pumping necessary for
municipal and industrial uses and releases necessary for downstream
users.
(f) Releases made in accordance with the regulations of this section
are subject to the condition that releases shall not be made at rates or
in amanner that would be inconsistent with emergency requirements for
protecting the dam and reservoir from major damage or inconsistent with
the safe routingof the inflow design flood (spillway design flood).
(g) The discharge characteristics of the river outlet works (capable
of discharging approximately 5,400 c.f.s. with the reservoir level at
elevation1039.0) shall be maintained in accordance with the construction
plans (Bureau of Reclamation Specifications No. DC-5793 as revised by
the ``asbuilt drawings'').
[[Page 138]]
(h) All elevations stated in this section are at Norman Dam and are
referred to the datum in use at that location.
[34 FR 4967, Mar. 7, 1969]
Sec. 208.82 Hetch Hetchy, Cherry Valley, and Don Pedro Dams and Reservoirs.
The Turlock Irrigation District and Modesto Irrigation District,
acting jointly, hereinafter called the Districts, shall operate Don
Pedro Dam andReservoir in the interest of flood control, and the City
and County of San Francisco, hereinafter called the City, shall operate
Hetch Hetchy Dam andReservoir and Cherry Valley Dam and Reservoir in the
interest of flood control all as follows:
(a) Storage space in Don Pedro Reservoir shall be kept available for
flood-control purposes in accordance with the Flood-Control Storage
ReservationDiagram currently in force for that reservoir, except when
storage of floodwater is necessary as prescribed in paragraph (d) of
this section. The Flood-Control Storage Reservation Diagram in force as
of the promulgation of this section is that dated 4 April 1956, File No.
TU-1-26-7,and is on file in the Office of the Chief of Engineers,
Department of the Army, Washington, D.C., in the office of the Turlock
Irrigation District,Turlock, California, and in the office of the
Modesto Irrigation District, Modesto, California. Revisions of the
Flood-Control Storage Reservation Diagrammay be developed from time to
time as necessary by the Corps of Engineers and the Districts. Each such
revision shall be effective upon the date specifiedin the approval
thereof by the Chief of Engineers and by the presidents of the Districts
and from that date until replaced shall be the Flood-ControlStorage
Reservation Diagram currently in force for the purpose of this section.
Copies of the Flood-Control Storage Reservation Diagram currently in
forceshall be kept on file in and may be obtained from the office of the
District Engineer, Corps of Engineers, in charge of the locality, the
office of theTurlock Irrigation District, Turlock, California, and the
office of the Modesto Irrigation District, Modesto, California.
(b) Storage space in Hetch Hetchy Reservoir shall be kept available
for flood-control purposes in accordance with the Flood-Control Storage
ReservationDiagram for that reservoir currently in force, except when
storage of floodwater is necessary as prescribed in paragraph (e) of
this section. The Flood-Control Storage Reservation Diagram in force as
of the promulgation of this section is that dated April 4, 1956, File
No. TU-3-26-1,and is on file in the Office. Chief of Engineers,
Department of the Army, Washington, D.C., and in the office of the
Public Utilities Commission of theCity and County of San Francisco,
California. Revisions of the Flood-Control Storage Reservation Diagram
may be developed from time to time as necessary bythe Corps of Engineers
and the City. Each such revision shall be effective upon the date
specified in the approval thereof by the Chief of Engineers and bythe
Public Utilities Commission of the City and County of San Francisco,
California, and from that date until replaced shall be the Flood-Control
StorageReservation Diagram currently in force for the purpose of this
section. Copies of the Flood-Control Storage Reservation Diagram
currently in force shall bekept on file in and may be obtained from the
office of the District Engineer, Corps of Engineers, in charge of the
locality, and the office of the PublicUtilities Commission of the City
and County of San Francisco, California.
(c) Storage space in Cherry Valley Reservoir shall be kept available
for flood-control purposes in accordance with the Flood-Control
ReservationDiagram currently in force for that reservoir except when
storage of floodwater is necessary as prescribed in paragraph (e) of
this section. The Flood-Control Storage Reservoir Diagram in force as of
the promulgation of this section is that dated April 4, 1956, File No.
TU-2-26-6, andis on file in the Office, Chief of Engineers, Corps of
Engineers, Department of the Army, Washington, D.C., and in the office
of the Public UtilitiesCommission of the City and County of San
Francisco,
[[Page 139]]
California. Revisions of the Flood-Control Storage Reservation Diagram
may be developed from timeto time as necessary by the Corps of Engineers
and the City. Each such revision shall be effective upon the date
specified in the approval thereof by theChief of Engineers and by the
Public Utilities Commission of the City and County of San Francisco,
California, and from that date until replaced shall bethe Flood-Control
Storage Reservation Diagram currently in force for the purpose of this
section. Copies of the Flood-Control Storage Reservation
Diagramcurrently in force shall be kept on file in and may be obtained
from the office of the District Engineer, Corps of Engineers, in charge
of the locality,and the office of the Public Utilities Commission of the
City and County of San Francisco, California.
(d) Any water temporarily stored in the flood-control space
indicated by the Flood-Control Storage Reservation Diagram currently in
force for Don PedroReservoir shall be released as rapidly as can be
accomplished without causing flows in Tuolumne River below LaGrange Dam
to exceed 7,000 c.f.s. during rainfloods or to exceed 9,000 c.f.s. at
all other times.
(e) Any water temporarily stored in the flood-control space
indicated by the Flood-Control Storage Reservation Diagrams currently in
force for HetchHetchy and Cherry Valley Reservoirs shall be released as
rapidly as can be accomplished without exceeding the respective safe
channel capacities, andwithout materially contributing to major
encroachment into the flood-control space at Don Pedro Reservoir. Such
releases shall be proportioned betweenHetch Hetchy and Cherry Valley
Reservoirs in such manner as to assure that the percentage of
encroachment into the flood-control space at the tworeservoirs will tend
toward equality insofar as possible. Whenever the storage space in Don
Pedro Reservoir is less than 90 percent of that indicated bythe Flood-
Control Storage Reservation Diagram currently in force for that
reservoir, releases from Hetch Hetchy and Cherry Valley Reservoirs shall
berestricted to those required in connection with the generation of
hydroelectric power in the power system of the City and in connection
with diversion intothe water supply system of the City.
(f) In the event that the water level in Don Pedro Reservoir rises
above elevation 605.55 at the dam (top of spillway gates), subsequent
operation ofthe dam shall be such as to cause downstream flows to exceed
as little as possible the criteria prescribed in paragraph (d) of this
section, and in noevent to cause the maximum subsequent release from the
reservoir to exceed the estimated maximum subsequent inflow to the
reservoir.
(g) In the event that the water level in Hetch Hetchy Reservoir
rises above elevation 3806 at the dam (top of spillway gates),
subsequent operation ofthe dam shall be such as to cause downstream
flows to exceed as little as possible the criteria prescribed in
paragraph (e) of this section, and in noevent to cause the maximum
subsequent release from the reservoir to exceed the estimated maximum
subsequent inflow to the reservoir.
(h) In the event that the water level in Cherry Valley Reservoir
rises above elevation 4700 at the dam (spillway crest), subsequent
operation of thedam shall be such as to cause downstream flows to exceed
as little as possible the criteria prescribed in paragraph (e) of this
section, and in no event tocause the maximum subsequent release from the
reservoir to exceed the estimated maximum subsequent inflow to the
reservoir.
(i) Nothing in the regulations of this section shall be construed to
require dangerously rapid changes in magnitudes of releases from any of
thereservoirs.
(j) The Districts shall procure such current basic hydrologic data,
make such current determinations of required flood-control storage
reservation inDon Pedro Reservoir, and current calculations of
permissible releases from Don Pedro Reservoir as are required to
accomplish the flood-control objectivesof the regulations of this
section.
(k) The City shall procure such current basic hydrologic data, and
make such current calculations of permissible releases from Hetch Hetchy
and
[[Page 140]]
Cherry Valley Reservoirs as are required to accomplish the flood-control
objectives of the regulations of this section.
(l) The City shall keep the District Engineer, Corps of Engineers,
in charge of the locality, and the Districts currently advised of
reservoirreleases, reservoir storages, basic operating criteria which
affect the schedule of operations, and such other operating data as the
District Engineer,Corps of Engineers, may request for Hetch Hetchy,
Eleanor, and Cherry Valley Reservoirs.
(m) The Districts shall keep the District Engineer, Corps of
Engineers, in charge of the locality, and the City currently advised of
reservoirreleases, reservoir storages, basic operating criteria which
affect the schedule of operations, and such other operating data as the
District Engineer,Corps of Engineers, may request for Don Pedro
Reservoir.
(n) The flood-control regulations of this section are subject to
temporary modification by the District Engineer, Corps of Engineers, if
foundnecessary in time of flood emergency. Request for and action on
such modifications may be made by any available means of communication,
and such actionshall be confirmed in writing under date of same day to
the operating agency for the reservoir affected.
[21 FR 2682, Apr. 26, 1956]
PART 209_ADMINISTRATIVE PROCEDURE--Table of Contents
Sec.
209.50 Mississippi River Commission: Public observation of Commission
meetings.
209.138a Authorization for exploratory drilling in the Gulf of Santa
Catalina, Calif.
209.140 Operations of the Corps of Engineers under the Federal Power
Act.
209.141 Coordination of hydroelectric power operations with power
marketing agencies.
209.155 Expenditure of Federal funds for work shoreward of harbor lines.
209.160 The California Debris Commission.
209.170 Violations of laws protecting navigable waters.
209.180 Temporary closure of waterway to navigation.
209.190 [Reserved]
209.200 Regulations governing navigable waters.
209.220 Flood control regulations.
209.230 Use of reservoir areas for recreation.
209.300 Flood control regulations.
209.310 Representation of submarine cables and pipelines on nautical
charts.
209.315 Public access to navigation works.
209.320 Policy on release of commercial statistics.
209.325 Navigation lights, aids to navigation, navigation charts, and
related data policy, practices and procedure.
209.335 Publication.
209.340 Laboratory investigations and materials testing.
209.345 Water resource policies and authorities.
Appendix A to Part 209--Public Law 90-483, 90th Congress, S. 3710,
August 13, 1968
Authority: 5 U.S.C. 301; 33 U.S.C. 1; 10 U.S.C. 3012.
Source: 33 FR 18670, Dec. 18, 1968, unless otherwise noted.
Sec. 209.50 Mississippi River Commission: Public observation of Commission meetings.
(a) Purpose. (1) The purpose of this regulation is to afford to the
public, to the fullest possible extent, information regarding
thedecisionmaking processes of the Mississippi River Commission and to
open all meetings of the Mississippi River Commission to public
observation except ininstances where a portion or portions of a meeting
may be closed to the public in accordance with this regulation in order
to protect the rights ofindividuals and/or in order to permit the
Mississippi River Commission to carry out its statutory and assigned
functions and responsibilities. Thisregulation is issued in accordance
with section (g) of the Government in the Sunshine Act and implements
sections (b) through (f) of said Act (5 U.S.C.552b (b) through (f)).
(2) Public observation of Mississippi River Commission meetings
includes public participation in the deliberations of the Commission
only to the extentspecifically provide in public notices of such
meetings.
(b) Definitions. The following definitions apply to the regulation
in this section.
(1) Commission means The Mississippi River Commission.
(2) President means the duly appointed President and Executive
Officer of the Commission.
(3) Commissioner means a duly appointed member of the Commission.
[[Page 141]]
(4) Secretary means the Secretary of the Commission.
(5) Chief Legal Officer means the Division Counsel or the acting
Division Counsel of the Lower Mississippi Valley Division, Corps of
Engineers.
(6) Meeting means the deliberations of at least a majority of the
Commissioners where such deliberations determine or result in the joint
conductor disposition of official Commission business, but does not
include:
(i) Deliberations of the Commission in determining whether or not to
close a portion or portions of a meeting in accordance with paragraphs
(e)(4) and(e)(5) of this section.
(ii) Deliberations of the Commission in determining whether or not
to withhold from disclosure information pertaining to a portion or
portions of ameeting as provided in paragraphs (e)(4) and (e)(5) of this
section.
(iii) Deliberations of the Commission pertaining to changes in the
subject matter of a meeting or changes in the determination to open or
close aportion or portions of a meeting to the public following the
public announcement of such meeting in accordance with paragraph (d)(4)
of this section.
(iv) Deliberations of the Commission in determining whether to waive
the one-week public notice requirement in accordance with paragraph
(d)(2) of thissection.
(c) Time, place, and agenda of meetings. (1) The meetings of the
Commission, except those held on Government boats during inspection
trips of theCommission, shall be held at Vicksburg, Mississippi. The
time of such meetings shall be fixed by the President of the Commission,
who shall cause duenotice of such meetings to be given members of the
Commission and the public.
(33 U.S.C. 646)
(2) The President shall, after consultation with the Commissioners,
prepare a detailed agenda for planned Commission meetings at the
earliestpracticable time. Suggestions from the public of proposed agenda
items are invited.
(d) Public notices and Federal Register publication. (1) At least
one week before each Commission meeting the Secretary shall issue a
publicannouncement which (i) States the time and place of the meeting,
(ii) Lists the agenda items or subjects to be discussed at the
meeting,
(iii) States whether the meeting or portions of the meeting are to
be closed or open to public observation,
(iv) States whether or not public participation in the meeting will
be permitted, and
(v) States the name and business phone number of the official who
will respond to requests for information about the meeting. Public
announcements ofCommission meetings shall include releases to the news
media in the Lower Mississippi River Valley and mailing notices of such
meetings to all persons andagencies known to have an interest in the
Commission's work and to others who request such announcements.
(2) The one-week period for public notice required by paragraph
(d)(1) of this section shall not be applicable when a majority of the
entire membershipof the Commission determines by a recorded vote that
Commission business requires that a meeting be called at an earlier
date. The Secretary shall,however, issue the public notice required by
paragraph (d)(1) of this section at the earliest practicable time.
(3) When due to unforeseen circumstances it is necessary to change
the time or place of a meeting following the public announcement
required byparagraph (d)(1) of this section, the Secretary will publicly
announce such change at the earliest practicable time.
(4) The subject matter of a meeting, or the determination of the
Commission to open or close a portion or portions of a meeting to the
public, may bechanged following the public announcement required by
paragraph (d)(1) of this section only if: (i) A majority of the entire
membership of the Commissiondetermines by a recorded vote that
Commission business so requires and that no earlier announcement of the
change was possible, and (ii) the Secretarypublicly announces such
change and the vote of each member on such change at the earliest
practicable time.
(5) Immediately following each public announcement required by this
section,
[[Page 142]]
notice of the time, place, and subject matter of a meeting, whether
aportion or portions of the meetings are open or closed to public
observation, any change in one of the preceding, and the name and
business telephonenumber of the official of the Commission who will
respond to requests for information about the meeting, shall be
submitted for publication in theFederal Register.
(e) Closing a portion or portions of a meeting. (1) All Commission
meetings shall be open to the public except when the Commission
determinesthat public disclosure of information to be discussed in a
portion or portions of a meeting is likely to:
(i) Disclose matters that are (A) specifically authorized under
criteria established by Executive order to be kept secret in the
interests of nationaldefense or foreign policy and (B) in fact properly
classified pursuant to such Executive order;
(ii) Relate solely to the internal personnel rules and practices of
the Commission;
(iii) Disclose matters specifically exempted from disclosure by
statute [other than the Freedom of Information Act (5 U.S.C. 552),
provided that suchstatute: (A) Requires that the matters be withheld
from the public in such a manner as to leave no discretion on the issue,
or (B) establishes particularcriteria for withholding or refers to
particular types of matters to be withheld;
(iv) Disclose trade secrets and commercial or financial information
obtained from a person and privileged or confidential;
(v) Involve accusing any person of a crime, or formally censuring
any person;
(vi) Disclose information of a personal nature when disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(vii) Disclose investigatory records compiled for law-enforcement
purposes, or information which, if written, would be contained in such
records. Butonly to the extent that the production of such records or
information would: (A) Interfere with enforcement proceedings, (B)
deprive a person of a right toa fair trial or to an impartial
adjudication, (C) constitute an unwarranted invasion of personal
privacy, or (D) disclose the identity of a confidentialsource, and, in
the case of a record compiled by a criminal law-enforcement authority in
the course of a criminal investigation or by an agency conductinga
lawful national-security intelligence investigation, confidential
information furnished only by the confidential source:
(viii) Disclose information the premature disclosure of which would
be likely to significantly frustrate implementation of a proposed
Commission actionexcept: (A) When the Commission has already disclosed
to the public the content or nature of its proposed action or (B) when
the Commission is required bylaw to make such disclosure on its own
initiative prior to taking final Commission action on such proposal;
(ix) Specifically concerns the Commission's participation in a civil
action or proceeding.
(2) In each instance where the Commission determines that a portion
or portions of a meeting may be closed to the public, or determines
thatinformation may be withheld from the public for one or more of the
exemptions listed in paragraph (e)(1) of this section, the Commission
shall consider anddetermine whether or not the public interest requires
that the portion or portions of the meeting be open to the public and
whether or not the publicinterest requires that the information be
released to the public.
(3) Whenever any person whose interest may be directly affected by a
portion of a meeting requests that the Commission close such portion to
the publicfor any of the reasons referred to in paragraph (e)(1) (v),
(vi) or (vii) of this section, the Commission, upon the request of any
one of its members,shall vote by recorded vote whether to close such
meeting.
(4) Action to close a portion or portions of a meeting for one or
more of the reasons listed in paragraphs (e)(1) (i) through (ix) of this
section, orto withhold information from the public for one or more of
the reasons listed in paragraphs (e)(1) (i) through (ix) of this
[[Page 143]]
section shall be takenonly when a majority of the entire membership of
the Commission votes to take such action.
(5) A separate recorded vote of the Commission shall be taken with
respect to each meeting a portion or portions of which the Commission
proposes toclose to the public, and a separate vote of the members of
the Commission shall be taken to determine whether to withhold
information from the public. Thevote of each Commissioner participating
in such vote shall be recorded and no proxies shall be allowed.
(6) Within one day of any vote taken pursuant to paragraphs (e)(4)
and (e)(5) of this section, the Commission shall make publicly available
a writtencopy of such vote reflecting the vote of each member on the
question. If a portion or portions of a meeting are to be closed to the
public, the Commissionshall within one day of the vote taken pursuant to
paragraphs (e)(4) and (e)(5) of this section make publicly available a
written explanation of its actionin closing a portion or portions of the
meeting together with a list of all persons expected to attend the
meeting and their affiliations.
(7) For every portion or portions of a meeting closed pursuant to
paragraphs (e)(1) (i) through (ix) of this section, the Chief Legal
Officer of theCommission shall publicly certify that, in his or her
opinion, the meeting may be closed to the public and shall state each
relevant exemptive provision. Acopy of such certification, together with
a statement from the presiding officer of the meeting setting forth the
time and place of the meeting, and thepersons present, shall be retained
in the Commission files.
(f) Records. (1) The Secretary shall maintain in the official files:
(i) A complete transcript or electronic recording (disclosing the
identity of each speaker) adequate to record fully the proceedings of
the Commissionat a portion or portions of a meeting closed to the public
for the reasons specified in paragraphs (e)(1) (i) through (ix) of this
section.
(ii) The statement of the presiding officer of each Commission
meeting, a portion or portions of which were closed to the public, as
required byparagraph (e)(7) of this section.
(iii) The certification of the Chief Legal Officer, as required by
paragraph (e)(7) of this section, for each Commission meeting, a portion
or portionsof which were closed to the public.
(2) The records required by paragraph (f)(1) of this section shall
be retained for at least two years following any meeting or not less
than one yearfollowing conclusion of Commission action with respect to
any matter discussed at such meeting, whichever occurs later.
(g) Public access to records. (1) All records required to be
maintained in accordance with the provisions of (f)(1) of this section
shallpromptly be made available to the public by the Secretary except
for information which the Commission has determined may be withheld from
the public forthe reasons stated in paragraphs (e)(1) (i) through (ix)
of this section.
(2) Public inspection of such records shall take place at the
headquarters of the Mississippi River Commission, 1400 Walnut Street,
Vicksburg,Mississippi 39180.
(3) The Secretary shall provide (subject to withholding of
information for the reasons stated in paragraphs (e)(1) (i) through (ix)
of this section)upon request of any person, copies of the records
required by the provisions of (f)(1) of this section, including
transcriptions of electronic recordingsat the actual cost of
transcription or duplication.
(5 U.S.C. 552b)
[42 FR 13286, Mar. 10, 1977]
Sec. 209.138a Authorization for exploratory drilling in the Gulf of Santa Catalina, Calif.
(a) Department of the Army authorization is required pursuant to
section 4(f) of the Outer Continental Shelf Lands Act of 1953 (67 Stat.
462; 43 U.S.C.1333(f)) in coastal waters and the water covering the
Outer Continental Shelf. The determination whether or not to issue a
Department of the Armyauthorization for structures on the Outer
Continental Shelf related to exploration of minerals is based upon the
proposed activities' effect on navigationand national security. All
other
[[Page 144]]
matters concerning offshore drilling, including environmental
considerations, are the responsibility of theDepartment of the Interior.
(b) The following rules have been developed jointly by the Los
Angeles district engineer and the 11th Coast Guard District, in
consultation with theBureau of Land Management and the U.S. Geological
Survey for drilling in the Gulf of Santa Catalina:
(1) All drilling with a single tract will be covered by a single
application.
(2) Where practicable, applications shall be submitted at least 120
days in advance of drilling for tracts where drilling is expected to
beaccomplished within the traffic separation scheme, the precautionary
zone or within 2 nautical miles of a traffic lane.
(3) Applications shall include the location of any known proposed
drilling site and the estimated start and completion dates for each.
Updatedinformation on the plan shall be furnished as soon as available.
One individual (and alternate) shall be designated by the applicant as
responsible formaintaining close liaison with all involved agencies.
(4) Where it is not feasible to perform exploratory work from
outside the traffic lanes or \1/4\ mile buffer zones, or precautionary
zone,authorizations will include the following conditions:
(i) Exploratory vessels within a traffic lane will, to the degree
practicable, be sited near traffic lane boundaries.
(ii) Exploratory vessels within one traffic lane, or in the
precautionary zone, shall be separated by at least 8 nautical miles in
the direction of thelane axis.
(iii) Exploratory vessels located within the traffic lanes, or the
precautionary zone, shall not have their pendant buoys within 3,000
yards from thependant buoys of any other vessel.
(iv) Exploratory rigs and vessels engaged in offshore development
may have no cables, anchors, buoys, or other associated equipment within
the trafficlanes, \1/4\ mile buffer zones, or the precautionary zone, at
a depth of less than 100 feet, unless such equipment is marked with
class I private aids tonavigation in accordance with current Federal
regulations.
(67 Stat. 462 (43 U.S.C. 1333(f))
[43 FR 28475, June 30, 1978]
Sec. 209.140 Operations of the Corps of Engineers under the Federal Power Act.
(a) General. This section outlines policies and procedures
applicable to those operations in which the Corps of Engineers may be
called upon toparticipate under the Federal Power Act. Such operations
include: Investigations and reports on applications for permits and
licenses for development ofpower affecting navigable waters; supervision
of investigations, construction, and operation of projects under such
permits and licenses; preparation ofspecial reports as required by the
Federal Power Commission; and review of plans of dams or other
structures affecting navigation. The foregoing functionsare performed by
the Corps of Engineers only upon request of the Federal Power
Commission.
(b) Authority of Division and District Engineers. Section 2 of the
revised Federal Power Act provides that the Federal Power Commission
mayrequest the President to detail an officer or officers from the Corps
of Engineers, or other branches of the United States Army, to serve the
Commission asEngineer officer or officers, or in any other capacity, in
field work outside the seat of government, their duties to be prescribed
by the Commission. Byauthority of the Secretary of the Army, and in
accordance with the instructions issued by the President in a letter to
the Secretary of the Army dated May18, 1931, Division Engineers will be
detailed to serve the Commission as engineer officers in field work
outside the seat of government, their duties to beprescribed by the
Commission, and to be performed under the supervision of the Chief of
Engineers. District Engineers will be designated to carry out thefield
inspections and investigations under supervision of the Division
Engineer. When a Division Engineer is detailed by the Chief of Engineers
to assistthe Commission in either the investigation or supervision of
[[Page 145]]
a project he will be the accredited representative of the Commission.
The actual fieldwork will be done by the designated District Engineer
who will make a report to the Division Engineer. All reports and such
correspondence as wouldnormally be forwarded to the Commission will be
addressed to the Chief of Engineers.
(c) Procedure for investigations and report on applications for
permits and licenses. (1) Upon request by the Federal Power Commission,
the Chiefof Engineers will assign the investigation of an application
for permit or license under the Federal Power Act to a Division
Engineer, who will submit areport on the investigation as provided
herein. The date that the report is to be submitted will be specified.
The Division Engineer, upon assignment of aninvestigation involving
extensive studies, will when requested by the Chief of Engineers submit
an estimate of the cost of the investigation, listing theprobable
expenditures for salaries separate from the estimated costs of non-
personal services.
(2) If in the investigation of an application or a declaration of
intention filed under the Federal Power Act the Division Engineer
considers a publichearing desirable in the interests of navigation or
flood control, the Chief of Engineers will be notified whereupon the
matter will be brought to theattention of the Commission. No public
hearing will be held unless specifically authorized by the Commission or
by the Chief of Engineers. If a hearing isauthorized it will be limited
strictly to consideration of the purpose for which approval is granted.
(3) The report will describe and discuss material facts having a
definite bearing on the interests of navigation and flood control and
the generaleffect the project would have on a comprehensive plan of
developing the water resources of the basin. Specific reference will be
made to pertinentpublished documents containing the results of studies
and/or resolutions directing studies to be made. In the case of an
application for permit or licensefor an unconstructed project the report
will include a recommendation as to whether development should be
undertaken by the United States rather than by alicensee. A
recommendation for Federal development will be supported by a showing as
to how this would serve the Corps of Engineers programs and policies.In
the case of an application for permit or license for a constructed
project the report should contain appropriate comments concerning
possibleredevelopment to improve the usefulness of the project in
relation to the objectives of the Corps program in the basin.
(4) The report on an application for license will contain
recommendations of the Division Engineer concerning the inclusion in the
license of any termsand conditions that are considered to be necessary
or desirable in the public interest from the standpoint of Corps of
Engineers responsibilities.
(5) The report on an application for permit will contain such
recommendations as required to insure coordination of the applicant's
studies with theDivision or District Engineer in cases where interests
of the Corps of Engineers are involved. In all cases, the report will
contain, in lieu of specificrecommendations, a discussion of interests
which should be protected by articles in a license issued subsequent to
the permit period.
(6) If the project is on a Federal reservation or contemplates the
use of a dam, either of which is under the jurisdiction of the
Department of theArmy, the report should state, giving reasons:
(i) Whether the project will interfere or be inconsistent with the
purpose for which such reservation was created or acquired and what
conditions, ifany, should be imposed for the adequate protection and
utilization of the reservation.
(ii) Whether the dam may be advantageously used by the United States
for public purposes in addition to authorized purposes and whether it
should bereserved for such use.
(iii) Whether the development should be undertaken by the United
States.
(7) The reports will not be released or made public except by
specific authority of the Chief of Engineers, nor will copies of a
report, its findings,or recommendations be furnished to the applicant,
to interested parties, or to the Commission until released by the Chief
of Engineers.
[[Page 146]]
(d) Procedure for supervision of operations under permits and
licenses. (1) When supervision of the operations of an applicant under
apermit or a license is requested by the Federal Power Commission, the
Chief of Engineers will assign responsibility for supervision to the
DivisionEngineer. The operations to be supervised, such as
investigations being conducted by a permittee, construction of a project
under a license or operation ofcompleted projects, will be as specified
by the Commission.
(2) Projects will be classified as major, minor, minor part or
transmission line projects as indicated in the Federal Power Act and as
specified in theinstructions from the Commission.
(3) Inspection during the construction of a major project will be
made monthly, or as often as may be necessary for the Division Engineer
to assurehimself that the terms of the license are being complied with
and the work is of acceptable quality and in accordance with the
approved plans. Thefrequency of inspections of minor, minor part, and
transmission line projects is left to the discretion of the Division
Engineer.
(4) After a project has been completed and placed in operation and
is under the supervision of the Division Engineer, annual inspection
will be made ofmajor and minor projects but inspection of transmission
line projects will not be made unless specifically requested by the
Commission.
(5) Reports on supervision and inspections of operations under
Federal Power Commission permits and licenses will be submitted in
accordance withinstructions in paragraph (e) of this section.
(e) Reports on supervision and inspection of operations under
Federal Power Commission permits licenses. Periodic reports, as
appropriate toassigned responsibilities and as described in paragraphs
(e) (1) through (3), inclusive, of this section will be submitted for
each Federal PowerCommission permit or license for which a Division
Engineer has been assigned responsibility for supervision of operations
under provisions of the FederalPower Act. All of the described reports
will be submitted in triplicate to the Chief of Engineers for
transmittal to the Federal Power Commission. Unlessotherwise stated
transmittal letters will not be required and the reports will be mailed
so as to reach the Chief of Engineers not later than the 15th ofthe
month following the end of the report period.
(1) Reports on supervision of construction under a FPC License. When
a Division Engineer is assigned responsibility for supervision
andinspection of construction of a licensed project, the requirements
for submission of reports will be specified.
(2) Annual Report on operation of project under supervision of the
Division Engineer. Reports on the operation and maintenance of each
major andminor licensed project for which supervision of operations has
been assigned to a Division Engineer will be submitted annually after
the initialinstallation covered by the license has been completed. Such
reports will be made on Federal Power Commission Form 10, ``Operation
Report''and, pursuant to paragraph 39u of AR 335-15, do not require a
reports control symbol. A special report will be made in case of severe
flood orinterruption in operation due to failure of material or
accident. Reports on operation and maintenance of transmission line
projects are not requiredunless requested by the Commission.
(3) Annual Report on operation of projects with licenses containing
conditions prescribed in the interest of navigation. When the Federal
PowerCommission notifies the Chief of Engineers that it will assume the
supervision of operation of a licensed project, the Division Engineer
will not berequired to make detailed inspections and reports. However,
the Division Engineer will continue to be responsible for the project
insofar as it affects theinterest of navigation. The inspection of
projects in this class is left to the discretion of the Division
Engineer but annual reports will be submitted intriplicate, through the
Chief of Engineers, on Federal Power Commission Form 10, ``Operation
Report'', omitting the items under``Supervision expense for period'',
but including the following information only under ``Memorandum
Report''.
[[Page 147]]
(i) Whether the operation of the project has been satisfactory
insofar as the interests of navigation are concerned.
(ii) Whether any infraction by the licensee of the conditions in the
interest of navigation has come to the attention of the Division
Engineer.
(f) Delegation of authority for approval of structural plans for
non-Federal hydroelectric projects affecting navigation. The authority
vested inthe Secretary of the Army by section 4(e) of the Federal Power
Act is hereby delegated to the Chief of the Engineers for promulgation
with regard toapproval of plans of structures filed with the Federal
Power Commission in connection with licensing of non-Federal
hydroelectric projects.
(Sec. 4(e), 49 Stat. 840; 16 U.S.C. 797(e); Secretary of the Army
memorandum for the Chief of Engineers, dated March 11, 1975)
[33 FR 18670, Dec. 18, 1968, as amended at 40 FR 17023, Apr. 16, 1975]
Cross Reference: For regulations of the Federal Energy Regulatory
Commission, see 18 CFR chapter I.
Sec. 209.141 Coordination of hydroelectric power operations with power marketing agencies.
(a) Purpose. This regulation establishes policies and procedures for
coordinating the operation of the Corps of Engineers'
hydroelectricgenerating facilities with the power marketing agencies.
(b) Applicability. This regulation applies to all civil works field
operating agencies (FOA) having generating facilities producing
marketableelectric power.
(c) References. (1) Section 5, Pub. L. 534, 78th Congress, Flood
Control Act of 1944, December 22, 1944 (58 Stat. 889).
(2) Section 302, Pub. L. 95-91, 95th Congress, Department of Energy
Organization Act, August 4, 1977 (91 Stat. 565).
(d) Background. Section 5 of the Act of December 22, 1944 (Pub. L.
534, 78th Congress), provides that electric power and energy generated
atreservoir projects under the control of the Department of the Army and
in the opinion of the Secretary of Army not required in the operation of
suchprojects shall be delivered to the Secretary of Interior for
transmittal and disposal in a manner to encourage the most widespread
use thereof at thelowest possible rates to consumers consistent with
sound business principles. Section 302 of the Department of Energy
Organization Act (Pub. L.95-91) transfers all functions of the Secretary
of Interior under section 5 of the 1944 Act to the Secretary of Energy
together with all otherfunctions of the Secretary of Interior, and
officers and components of the Department of the Interior, with respect
to the Southeastern PowerAdministration; the Southwestern Power
Administration; the Alaska Power Administration; the Bonneville Power
Administration; and the power marketingfunctions of the Bureau of
Reclamation.
(e) Policies. (1) The Corps is responsible for operating the
hydroelectric power projects and providing information affecting cost
andavailability of power to the power marketing agencies. Marketing the
generated power declared excess to the needs of the projects and
recovering Federalinvestment are the responsibilities of the power
marketing agencies.
(2) All FOA Commanders will develop, in coordination with their
respective power marketing agency, a system for exchanging operating
information. Thesystem will include general operating information and
information on conditions that could substantially affect costs or power
availability.
(f) Delegation. Responsibility for coordinating the exchange of
information may be delegated to the District Engineer at the discretion
of theDivision Engineer.
(g) Procedures--(1) Specific requirements--(i) Continuing. Prompt
written notification will be provided to theappropriate power marketing
agency each time a change in power operations or conditions which could
substantially affect costs or power availability isanticipated.
(ii) Annual. Annually, when no changes in power operations or costs
are expected for the succeeding 12-month period, the marketing agency
will benotified of that fact in writing.
(2) FOA responsibility. The FOA directly responsible for
communicating
[[Page 148]]
with the marketing agency will develop appropriate reportingprocedures
in coordination with that agency.
[43 FR 8258, Mar. 1, 1978]
Sec. 209.155 Expenditure of Federal funds for work shoreward of harbor lines.
(a) Section 5 of the River and Harbor Act of July 13, 1892 (27 Stat.
111; 33 U.S.C. 628), prohibits the expenditure of money appropriated for
theimprovement of rivers and harbors for dredging inside of harbor lines
duly established.
(b) It is not the policy of the Department to expend Federal funds
for the removal of wrecks or other obstructions shoreward of established
harborlines.
Sec. 209.160 The California Debris Commission.
Section 1 of the Act of Congress of March 1, 1893 (27 Stat. 507; 33
U.S.C. 661), created the California Debris Commission, consisting of
three officersof the Corps of Engineers, to regulate under the
supervision of the Chief of Engineers and direction of the Secretary of
the Army, hydraulic mining in theterritory drained by the Sacramento and
San Joaquin River systems, California. Under section 9 of the act (27
Stat. 508; 33 U.S.C. 669), the individualproprietor or proprietors, or
in case of a corporation, its manager or agent appointed for that
purpose, owning mining ground in this territory which it isdesired to
work by the hydraulic process, must file with the Commission a verified
petition, setting forth such facts as will comply with law and the
rulesprescribed by the Commission. The law contains detailed
instructions with regard to facts required to be shown by the petitioner
and the procedure to befollowed by the Commission in issuing an order
directing the methods and specifying the manner in which operations
shall proceed. Full information on lawand procedure can be obtained from
the Secretary, California Debris Commission, 650 Capitol Mall,
Sacramento, California 95814.
Sec. 209.170 Violations of laws protecting navigable waters.
(a) [Reserved]
(b) Injuries to Government works. Section 14 of the River and Harbor
Act of March 3, 1899 (30 Stat. 1152; 33 U.S.C. 408), makes it unlawful
forany person or persons to take possession of or make use of for any
purpose, or build upon, alter, deface, destroy, move, injure, obstruct
by fasteningvessels thereto or otherwise, or in any manner whatever
impair the usefulness of any sea wall, bulkhead, jetty, dike, levee,
wharf, pier, or other workbuilt by the United States, or any piece of
plant, floating or otherwise, used in the construction of such work
under the control of the United States, inwhole or in part, for the
preservation and improvement of any of its navigable waters or to
prevent floods, or as boundary marks, tide gauges, surveyingstations,
buoys, or other established marks, nor remove for ballast or other
purposes any stone or other material composing such works. (The
Secretary ofthe Army may, on the recommendation of the Chief of
Engineers, grant permission for the temporary occupation or use of any
of the aforementioned publicworks when in his judgment such occupation
or use will not be injurious to the public interest).
(c) Injurious deposits. (1) Section 13 of the River and Harbor Act
of March 3, 1899 (30 Stat. 1152; 33 U.S.C. 407), makes it unlawful to
throw,discharge, or deposit, or cause, suffer, or procure to be thrown,
discharged, or deposited either from or out of any ship, barge, or other
floating craft,or from the shore, wharf, manufacturing establishment, or
mill, any refuse matter of any kind or description whatever other than
that flowing from streetsand sewers and passing therefrom in a liquid
state, into any navigable water of the United States, or into any
tributary of any navigable water from whichthe same shall float or be
washed into such navigable water, or to deposit or cause, suffer, or
procure to be deposited material of any kind in any placeon the bank of
any navigable water or on the bank of any tributary of any navigable
water, where the same shall be liable to be washed into such
navigablewater, either by ordinary or high tides, or by storms or
floods, or otherwise, whereby navigation shall or may be impeded or
obstructed. Section 13 doesnot apply
[[Page 149]]
to the operations in connection with the improvement of navigable waters
or construction of public works considered necessary and proper bythe
United States officers supervising such improvement or public work.
(2) An Act of Congress approved June 29, 1888 (25 Stat. 209; 33
U.S.C. 441-451), as amended on August 28, 1958 (72 Stat. 970-971;
33U.S.C. 441-451b) forbids the placing, discharging, or depositing of
refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any
othermatter of any kind, other than that flowing from streets, sewers,
and passing therefrom in a liquid state, in the tidal waters of the
harbors of New York,Hampton Roads, and Baltimore or its adjacent or
tributary waters, within the limits which shall be prescribed by the
Supervisor of the Harbor. Theprovisions of this act are enforced by the
Supervisor under the direction of the Secretary of the Army.
(d) Penalties for violations. (1) Section 12 of the River and Harbor
Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 406), as amended,
providesthat every person and every corporation that shall violate any
of the provisions of sections 9 and 10 shall be deemed guilty of a
misdemeanor, and onconviction thereof shall be punished by fine,
imprisonment, or both, in the discretion of the court. The removal of
any structures or parts of structureserected in violation of the
provisions of the said sections may be enforced by the injunction of any
district court exercising jurisdiction in any districtin which such
structures may exist, and proper proceedings to this end may be
instituted under the direction of the Attorney General.
(2) Section 16 of the River and Harbor Act of March 3, 1899 (30
Stat. 1153; 33 U.S.C. 412), provides that every person and every
corporation that shallviolate, or that shall knowingly aid, abet,
authorize or instigate a violation of the provisions of sections 13, 14
and 15, shall be guilty of amisdemeanor. On conviction thereof violators
shall be punished by a fine, imprisonment, or both, in the discretion of
the court. Any master, pilot, andengineer, or person or persons acting
in such capacity, respectively, on board of any boat or vessel who shall
knowingly engage in towing any scow, boat,or vessel loaded with any
material specified in section 13 to any point or place of deposit or
discharge in any harbor or navigable water, elsewhere thanwithin the
limits defined and permitted by the Secretary of the Army, or who shall
willfully injure or destroy any work of the United States contemplatedin
section 14, or who shall willfully obstruct the channel of any waterway
in the manner contemplated in section 15, shall be deemed guilty of a
violationof the Act. Upon conviction he shall be punished as provided in
this section, and shall also have his license revoked or suspended for a
term to be fixedby the judge before whom tried and convicted. Any boat,
vessel, scow, raft, or other craft used or employed in violating any of
the provisions of sections13, 14, and 15 shall be liable for the
pecuniary penalties specified in this section, and in addition for the
amount of the damages done by said boat,vessel, scow, raft, or other
craft. The latter sum shall be placed to the credit of the appropriation
for the improvement of the harbor or waterway inwhich the damage
occurred, and said boat, vessel, scow, raft, or other craft may be
proceeded against summarily by way of libel in any district court ofthe
United States having jurisdiction thereof.
(e) Enforcement. (1) Section 17 of the River and Harbor Act of March
3, 1899 (30 Stat. 1153; 33 U.S.C. 413) provides that the Department
ofJustice shall conduct the legal proceedings necessary to enforce the
provisions of sections 9 to 16, inclusive, of the Act. It shall be the
duty ofdistrict attorneys of the United States to prosecute vigorously
all offenders against the same whenever requested to do so by the
Secretary of the Army orby any of his designated representatives.
(2) Under the provisions of section 17, District Engineers and the
United States collectors of customs and other revenue officers, have
power andauthority to swear out process and to arrest and take into
custody, with or without process, any person or persons who may commit
any of the acts oroffenses prohibited by sections 9 to 16, inclusive, or
who may violate any of the provisions of the same. No person shall
[[Page 150]]
be arrested without processfor any offense not committed in the presence
of some one of the aforesaid officials. Whenever any arrest is made
under the provisions of the Act, theperson so arrested shall be brought
forthwith before a commissioner, judge, or court of the United States
for examination of the offenses alleged againsthim. Such commissioner,
judge, or court shall proceed as authorized by law in case of crimes
against the United States.
(3) It is the duty of each District Engineer to take notice of any
violations of the laws for the protection of the navigable waters and
the works ofimprovement therein that may occur in his district and to
take the necessary steps to secure enforcement of the law. Whenever any
violation of any of theseprovisions of law comes to his attention he
will investigate carefully the circumstances of the case and will
determine the amount of the damage for whichthe parties committing the
violation are responsible under section 16 of the River and Harbor Act
of March 3, 1899. He will advise the responsible partiesto remove the
illegal structure or deposit or to repair the damage at their own
expense within a time specified by him. When there is reasonable doubt
asto legal liability or the facts do not appear to warrant legal action,
the District Engineer will report the case to the Chief of Engineers for
decisionbefore communicating with the responsible parties. When the
damage must be repaired within a reasonable time, if the responsible
parties so request inwriting and if, when considered advisable by the
District Engineer to protect the interests of the United States, they
furnish a satisfactory bond or otherguaranty, he may cause the repairs
to be made by employees of the United States and then call upon the
responsible parties to pay over to him the cost ofthe damages when
finally ascertained. Where the damage is not to be repaired within a
reasonable time, the District Engineer will make final settlementwith
the responsible parties as promptly as possible by collecting the
estimated amount of the damages. All sums so received will be deposited
promptly tothe credit of the Treasurer of the United States for recredit
to the appropriation affected and will be accounted for in the District
Engineer's moneyaccounts by proper vouchers. With reference to the
method of ascertaining the amount of the damages under section 16 of the
Act, a distinction should bemade between cases involving property that
should be repaired and those involving property that should be
abandoned. In the former cases the amount of thedamages should be the
total cost of repairs, less any salvage value and any enhanced value. In
the latter cases, the amount of the damages should be thefair value of
the property, less any salvage value. Whether or not there has been any
enhanced value (i.e., whether the fair value of the structureimmediately
after the repairs is greater than its fair value immediately before the
damage occurred) is a matter to be determined from an actual survey
ofthe structure and knowledge of its age and condition. Where
maintenance has equalled depreciation there probably would be no
enhanced value.
(4) If the parties deny their responsibility, or if they refuse or
neglect to remove any unlawful structure or deposit or to repair the
damages withinthe time specified by the District Engineer, the matter
will be reported to the Chief of Engineers with such evidence as the
District Engineer may be ableto obtain and his recommended action under
section 17 of the Act of March 3, 1899. In a situation requiring
immediate action, the District Engineer mayreport the case directly to
the U.S. attorney for the district. The Chief of Engineers will be
advised of such action by a written report. Although theCorps of
Engineers has certain police powers under this Act it has been the long
standing policy to secure compliance with its provisions short of
legalproceedings. Accordingly every effort will be made to accomplish
corrective measures prior to initiation of action leading to such
proceedings. As ageneral rule, while minor and unintentional or
accidental violations of the provisions of the Act need not be reported
to the Chief of Engineers, allwillful or intentional violations and all
cases in which the parties responsible refuse or neglect to remove the
unlawful structure or deposit or to make
[[Page 151]]
good the damages suffered should be reported promptly to the Chief of
Engineers in accordance with the above. It is the policy not to
recommendprosecution when the violation of law is trivial, apparently
unpremeditated, and results in no material public injury. Each report
recommending prosecutionshould be accompanied by a full statement of the
case and copies of correspondence relating thereto.
(5) The procedure in cases involving injurious deposits is similar
to that described for other violations of law except that as the damage
causedthereby cannot be repaired readily there will be no reason for
serving any notice on the parties responsible for the violations further
than to bring totheir attention the consequences thereof.
(6) Section 6 of the river and Harbor Act approved March 3, 1905 (33
Stat. 1148; 33 U.S.C. 417) provides that expenses incurred by the Corps
ofEngineers in all investigations, inspections, hearings, reports,
service of notice, or other action incidental to examinations into
alleged violations oflaws for protection and preservation of navigable
waters shall be payble from any funds which may be available for the
improvement, maintenance, operation,or care of the waterways or harbors
affected. If such funds are not available in sums judged by the Chief of
Engineers to be adequate, they shall bepayable from any funds available
for examinations, surveys, and contingencies of rivers and harbors.
[33 FR 18670, Dec. 18, 1968, as amended at 36 FR 17855, Sept. 4, 1971;
51 FR 45765, Dec. 22, 1986; 53 FR 27512, July 21, 1988]
Sec. 209.180 Temporary closure of waterway to navigation.
(a) When an application is received for the temporary closure of a
waterway for the construction of a structure or the performance of other
work in thewaterway, the District Engineer will assure himself of the
necessity for the closure and arrange after informal communication with
any important navigationinterests concerned the time and duration of the
closure which will enable the operations to be completed with the least
interference with navigation. Ifthere is no question as to the necessity
and propriety of the closure, the District Engineer is authorized to
inform the applicant as follows: ``TheDepartment of the Army will
interpose no objection to the closure for a stated period beginning at a
specified date: Provided, That prior thereto theapplicant will notify
navigation interests by an advertisement in the press or otherwise as
the District Engineer may approve and on the understanding thatthe
waiver of objection does not affect the liability of the applicant for
any damages that may arise by reason of the closure.'' The letter to
theapplicant will be signed ``By Authority of the Secretary of the
Army'' and distribution made as prescribed for permits.
(b) District Engineers will give careful consideration to the effect
of any closure on through navigation. Should coordination with other
districts benecessary the case will be forwarded to the Division
Engineer for such coordination.
(c) Cases not falling within the authority above conferred will be
forwarded to the Chief of Engineers with the recommendations of the
Division andDistrict Engineers.
Sec. 209.190 [Reserved]
Sec. 209.200 Regulations governing navigable waters.
(a) Publication of regulations. (1) Regulations prescribed by or
under the direction of the Secretary of the Army to govern navigation
andnavigable waters, are contained in the Code of Federal Regulations,
title 33, Navigation and Navigable Waters, Chapter II.
(2) District engineers (or division engineers if considered
preferable by the latter to avoid duplication in cases where the
regulations involved applyto more than one district) will distribute
copies of departmental regulations to all known interested parties as
soon as their publication has been notedin the Federal Register. In the
case of regulations applicable to more than one division, distribution
will be handled as agreed upon by the divisionengineers concerned. Under
the Administrative Procedure Act (5 U.S.C. 551-553), publication in the
Federal Register shall be not less than 30days prior to the effective
date except as
[[Page 152]]
otherwise provided upon good cause found and published with the
regulations.
(b) Navigation regulations. (1) Section 7 of the River and Harbor
Act approved August 8, 1917 (40 Stat. 266; 33 U.S.C. 1) authorizes
theSecretary of the Army to prescribe such regulations for the use,
administration, and navigation of the navigable waters of the United
States as publicnecessity may require for the protection of life and
property, or for operations of the United States in channel improvement,
covering all matters notspecifically delegated by law to some other
executive department. The statute provides for the posting of
regulations and punishment for violations.
(2) Section 6 of the River and Harbor Act approved June 13, 1902 (32
Stat. 374; 33 U.S.C. 499) provides that regulations prescribed by the
Secretary ofthe Army may be enforced as provided in section 17 of the
River and Harbor Act approved March 3, 1899 (30 Stat. 1153; 33 U.S.C.
413).
(3) District Engineers will take action with respect to regulations
prescribed for waterways under their jurisdiction:
(i) To insure that the regulations are brought to the attention of
the public.
(ii) To insure that the regulations are properly and fairly
administered.
(iii) To recommend any revisions necessary to permit full use of the
waterway by the public.
(c) Danger zones. (1) The Secretary of the Army has authority to
prescribe regulations for the use and navigation of any area of the
navigablewaters of the United States or waters under the jurisdiction of
the United States likely to be endangered by Department of Defense
operations. Thisauthority is pursuant to the provisions of Chapter XIX
of the Army Act of July 9, 1918, or of section 7 of the River and Harbor
Act of August 8, 1917.
(2) On receipt of a request from any element of the Department of
Defense or other agency for approval by the Secretary of the Army of
regulationsestablishing danger zones under authority of either Act, the
District Engineer will, prior to issuing any public notice, make certain
that the applicant:(i) Has coordinated its proposed operations with any
operations being conducted or contemplated by other agencies in the same
area with a view to avoidinginteragency conflicts, (ii) has obtained
clearance from the proper Regional Subcommittee on Airspace, Rules of
the Air and Air Traffic Control (AirCoordinating Committee), where the
use of airspace is involved, and (iii) has conducted preliminary
discussions with local interests when consideredadvisable. In the case
of proposed danger zones off the Atlantic and Pacific Coasts, the
coordination referred to in (c)(2)(i) of this section will includethe
Commander, Service Force, U.S. Atlantic Fleet, or the Commander, Western
Sea Frontier.
(3) The authority to prescribe danger zone regulations must be
exercised so as not to interfere with or restrict unreasonably the food
fishingindustry. Whenever the establishment of a proposed danger zone or
restricted area may affect fishing operations the District Engineer will
consult with theregional director, U.S. Fish and Wildlife Service,
Department of the Interior. Two copies of all notices of applications
for the establishment of dangerzones and restricted areas will be
forwarded to the Chief of Staff, U.S. Air Force. In addition, notices of
all applications relating to the establishmentof aerial gunnery and
bombing areas will be sent to local Army, Navy, and Federal Aviation
Agency representatives.
(4) If the use of water areas is desired only for such temporary,
occasional, or intermittent periods that operations can be conducted
safely withoutimposing restrictions on navigation, applicants may be
informed that formal regulations by the Secretary of the Army are not
required. However, propernotices for mariners requesting that vessels
avoid the areas will be issued by the District Engineer to all
interested persons. Copies will be sent to theCommandant, U.S. Coast
Guard, Washington, D.C. 20226 and the Commander, U.S. Naval
Oceanographic Office, Washington, D.C. 20390.
(d) Dumping grounds. (1) Section 4 of the River and Harbor Act of
March 3, 1905 (33 Stat. 1147; 33 U.S.C. 419), authorizes the Secretary
of theArmy to prescribe regulations to govern the
[[Page 153]]
transportation and dumping into any navigable water, or waters adjacent
thereto, of dredgings and otherrefuse materials whenever in his judgment
such regulations are required in the interest of navigation.
(2) Section 13 of the river and Harbor Act of March 3, 1899 (30
Stat. 1152; 33 U.S.C. 407) authorizes the Secretary of the Army to
permit the depositof refuse matter in navigable waters, whenever in the
judgment of the Chief of Engineers anchorage and navigation will not be
injured thereby, withinlimits to be defined and under conditions to be
prescribed by him. Although the Department has exercised this authority
from time to time, it is consideredpreferable to act under Section 4 of
the River and Harbor Act of March 3, 1905 (33 Stat. 1147; 33 U.S.C.
419). As a means of assisting the Chief ofEngineers in determining the
effect on anchorage of vessels, the views of the U.S. Coast Guard will
be solicited by coordination with the Commander of thelocal Coast Guard
District.
(3) Under the authority contained in an Act of Congress to prevent
obstructive and injurious deposits within the harbor and adjacent waters
of New YorkCity of June 29, 1888 (25 Stat. 209; 33 U.S.C. 441), the
Supervisor of New York Harbor has established dumping areas in those
waters and has prescribedregulations for their use. The provisions of
the act are enforced by the Supervisor under the direction of the
Secretary of the Army.
(4) In considering requests for the establishment of dumping
grounds, District and Division Engineers will give careful consideration
to therequirements of navigation and will take action to prevent
unreasonable injury to fish and wildlife.
(e) Public notice and consultation with interested parties. (1) When
applications are received for the promulgation of regulations as
outlined inparagraphs (b) through (f), inclusive, of this section,
District Engineers will issue public notices to all parties deemed
likely to be interested andspecifically to the agencies referred to in
these paragraphs. The notice should fix a limiting date within which
comments will be received, normally aperiod not less than 30 days after
the actual mailing of the notice. If time is an essential element when
adequately explained by the applicant, theDistrict Engineer is
authorized to give interested parties a minimum of 10 days after receipt
of the notice in which to present protests. A copy of everynotice issued
will be sent to the Chief of Engineers, Attention: ENGCW-ON.
(2) Copies of the notices sent to interested parties, together with
a list of parties to whom sent, will accompany reports on all
applications forpromulgation of regulations submitted to the Chief of
Engineers for necessary action.
(3) In all instances when response to a public notice has been
received from a Member of Congress, the District Engineer will inform
the Member ofCongress of the final action taken on the application.
(f) Public hearings. (1) It is the policy of the Chief of Engineers
to conduct his civil works activities in an atmosphere of
publicunderstanding, trust, and mutual cooperation and in a manner
responsive to public needs and desires. To this end, public hearings are
helpful and will beheld whenever there appears to be sufficient public
interest to justify such action. In case of doubt, a public hearing
should be held.
(2) Among the instances warranting public hearings are general
public opposition to the promulgation of regulations governing the use
and navigation ofnavigable waters. District Engineers will notify the
Division Engineer of the need for a hearing, state the proposed
arrangements therefor and obtain hisconcurrence therein. Public hearings
will be held in any case when Congressional interests or responsible
local authorities make an official and validrequest therefor and such
action will fulfill the above-stated policy and objectives.
[33 FR 18670, Dec. 18, 1968, as amended at 51 FR 45765, Dec. 22, 1986;
52 FR 24157, June 29, 1987]
Sec. 209.220 Flood control regulations.
(a) Local protection works. On projects authorized subject to
specified conditions of local cooperation, no construction is undertaken
by theDepartment of the Army until satisfactory assurances of the
required local cooperation have been accepted by the Secretary of
[[Page 154]]
the Army and until anylands, easements, and rights-of-way required to be
furnished by local interests have been made available for at least a
complete unit of the project. TheDistrict Engineers notify local
interests concerned of the requirements of local cooperation and request
assurances by registered mail prior to thepreparation of final plans and
specifications. Regulations prescribed by the Secretary of the Army for
the maintenance and operation of local floodprotection works are
contained in Sec. 208.10 of this chapter. When assurances satisfactory
to the District Engineer are received, they areforwarded through the
Division Engineer to the Chief of Engineers for consideration of the
Secretary of the Army. The District Engineers advise localinterests of
the action taken by the Department. Completed projects or completed
useful units thereof are normally turned over to local interests
formaintenance and operation as soon as the construction and testing of
equipment is completed and the project is in proper condition for the
assumption ofmaintenance and operation by local interests. The transfer
is accomplished by formal notice from the District Engineer to the local
interests that thecompleted facilities are being turned over to them for
maintenance and operation as of a specific date. During construction,
District Engineers keep thelocal interests concerned advised as to the
probable date of transfer.
(b) Use of storage allocated for flood control or navigation at
reservoirs constructed wholly or in part with Federal funds.
Regulationsprescribed by the Secretary of the Army in accordance with
section 7 of the Flood Control Act of December 22, 1944 (58 Stat. 890;
33 U.S.C. 709) are forthe purpose of coordinating the operation of the
flood control features of reservoirs constructed wholly or in part with
Federal funds and other floodcontrol improvements to obtain the maximum
protection from floods which can reasonably be obtained with the proper
operation of all flood controlimprovements. Proposed regulations are
determined by the District Engineer in cooperation with the persons
responsible for the maintenance and operation ofthe reservoir involved
after a detailed study of the flood problems and the characteristics of
the reservoir project. The proposed regulations areforwarded by the
District Engineer through the Division Engineer to the Chief of
Engineers for consideration of the Secretary of the Army. When approved
bythe Secretary of the Army, these regulations are published in part 208
of this chapter.
Sec. 209.230 Use of reservoir areas for recreation.
The Department of the Army in accordance with Section 4 of the Flood
Control Act of December 22, 1944, as amended by section 4 of the Flood
Control Actof July 24, 1946 (60 Stat. 641) prepares and administers
plans to obtain the maximum sustained public benefit from the use of
reservoir areas under itscontrol for recreation and other related
purposes, when such use is consistent with the operation and maintenance
of the reservoir project for the specificpurposes of the reservoir
project as authorized by law and when such use is determined not to be
contrary to the public interest. The plans are preparedand administered
by the District Engineers, subject to review and approval of the
Division Engineers and the Chief of Engineers, in close cooperation
withother Federal agencies and local interests. The views and desires of
these agencies and local interests are obtained normally by conferences
with theDistrict Engineers. In many cases, public hearings are held by
the District Engineers at appropriate times in the vicinity of the
reservoir area at whichtime anyone can express his views relative to
these plans for consideration of the Department of the Army. Rules and
regulations are prescribed by theSecretary of the Army to govern the
public use of the reservoir areas in accordance with the law as a part
of the master plan for recreational and relateduses of the reservoir
area. These rules and regulations are published in 36 CFR parts 311 to
326. Licenses and leases are granted under the law containingconditions
and provisions to govern the use of specific portions of the reservoir
area. Full information concerning such matters may be obtained from
theDistrict Engineer in charge of the reservoir.
[[Page 155]]
Sec. 209.300 Flood control regulations.
(a) Regulations for the operation and maintenance of local flood
protection works approved by the Secretary of the Army under the
authority containedin Section 3 of the Flood Control Act of June 22,
1936, as amended and supplemented, are codified as Sec. 208.10 of this
chapter. Theseregulations cover conditions normally and regularly
required. Whenever the regulations are not sufficiently broad to cover
the specific maintenance andoperation requirements of a particular
project, District Engineers will submit through the Division Engineers
recommended additional regulations needed forthat particular project.
Such supplemental regulations will require approval of the Secretary of
the Army and will be made applicable only to theindividual project
concerned. Local interests will be advised of the approved regulations
for operation and maintenance of local flood protection works atthe time
assurances of local cooperation are requested. District Engineers will
keep informed as to the extent of compliance with approved regulations
foroperation and maintenance through regular, periodic inspection of the
projects concerned and through careful analysis of the semiannual
reports which theoperating and maintaining agencies are required to
submit in accordance with the regulations. The District Engineer's views
as to any measures required toconform to the approved regulations will
be furnished to the agencies responsible. In any case where the District
Engineer has been unable to arrangesatisfactory compliance or where
there is question or disagreement as to the measures required for
compliance, a report of the circumstances, together withthe
recommendations of the District and Division Engineers, will be
submitted to the Chief of Engineers for consideration.
(b) Regulations for the use of storage allocated for flood control
or navigation at reservoirs constructed wholly or in part with Federal
fundsprovided on the basis of such purposes, are contained in Sec.
208.16 et seq. of this chapter.
Sec. 209.310 Representation of submarine cables and pipelines on nautical charts.
(a) The policy of the Corps of Engineers with respect to showing the
locations of submarine cables and pipelines on nautical charts published
by theCorps of Engineers is as follows:
(1) Within protected waters such as harbors, rivers, bays, estuaries
or other inland waterways the location of submarine cables and pipelines
is to beindicated by shaded areas marked ``Pipeline area'' or ``Cable
area''. The extent of the limits of the area will be governed bylocal
conditions but shall include the immediate area which overlies the cable
or pipeline.
(2) Ordinarily, the shaded area on a chart which depicts a cable
area or pipeline area should not exceed 500 feet on each side of the
location of thecable or pipeline except on small scale charts where an
area of that width would not be of sufficient prominence.
(3) The shaded area will be designated ``cable area'' or ``pipeline
area'' as appropriate, but no other information as to thecharacter or
ownership of the installation will appear on the chart.
(b) District engineers will furnish copies of all permits issued for
submarine cable and pipelines to the National Oceanic and
AtmosphericAdministration (NOAA), National Ocean Service, ATTN: N/CG222,
Rockville, MD 20852, with his/her recommendation of whether or not the
installation should beshown on NOAA nautical charts. National Ocean
Service must be notified of the commencement and completion dates for
all permitted activities under thissection. (Note: Decisions to publish
these cables and pipelines on NOAA nautical charts lie solely within
NOAA's discretion.)
[51 FR 45765, Dec. 22, 1986]
Sec. 209.315 Public access to navigation works.
While the regulations prescribed by the Secretary of the army for
various navigation improvements usually strictly prohibit trespass on
Governmentproperty, those regulations will not be construed as
prohibiting access to navigation works of general public interest
subject to the following criteria:
[[Page 156]]
(a) The public will not be permitted in areas where their presence
would subject themselves or Government operating personnel to serious
accidenthazards.
(b) The public will not be permitted in areas where their presence
would interfere with any phases of navigation operations.
(c) The public will be given access to all areas other than those
specified under paragraphs (a) and (b) of this section, subject only to
the normallegal requirements with respect to property and personal
rights.
Sec. 209.320 Policy on release of commercial statistics.
The collection of commercial statistics pertaining to rivers,
harbors, and waterways, and annual reports thereof to Congress, are
required by the Riverand Harbor Act of June 23, 1866 (14 Stat. 70), the
act of February 21, 1891 (26 Stat. 766), the River and Harbor Act of
June 13, 1902 (32 Stat. 376), theRiver and Harbor Act of July 25, 1912
(37 Stat. 201), the River and Harbor Act of September 22, 1922 (42 Stat.
1043), and Pub. L. No. 16, February 10, 1932(47 Stat. 42). It is the
policy of the Department to hold in strict confidence any data or
information which has been furnished by shippers and others uponthe
understanding that it will not be disclosed and will only be used in the
compilation of port or waterway statistics. In case Federal or State
agenciesor local interests request other than general information made
permissible hereunder, their attention will be called to the policy
indicated in thissection.
Sec. 209.325 Navigation lights, aids to navigation, navigation charts, and related data policy, practices and procedure.
(a) Purpose. This regulation prescribes the policy, practice and
procedure to be used by all Corps of Engineers installations and
activities inconnection with aids to navigation, chart data, and
publication of information on Civil Works activities.
(b) This regulation will be applied by all elements of the Corps of
Engineers with Civil Works responsibilities.
(c) Reference. Public Law 85-480, Publication Authority (72 Stat.
279).
(d) Cooperation with Coast Guard. (1) District Engineers will
consult with the Coast Guard District Commander during design of channel
and harborimprovement projects to discuss the aids to navigation
requirements and all other facets of the projects that involve Coast
Guard responsibility. Projectmaterial furnished direct to Coast Guard
Commanders will include:
(i) Information as to the authorization by Congress of a project
involving changes affecting aids, such as channel limits, breakwaters,
including acopy of the project document;
(ii) The proposed operations on such projects during the next fiscal
year, to be furnished annually on the release of the budget estimates;
(iii) Plans showing the final location of the channel limits or
structures to be furnished at the time work is undertaken.
(2) Changes in channel limits affecting navigation aids, made under
general or specific provisions of the law, should be made the subject of
aconference with the Coast Guard District Commander. He will be promptly
informed as to the approval of such changes and the probable date of
completion ofthe work.
(3) District Engineers will furnish direct to the various Coast
Guard District Commanders, for their immediate information, any facts
which may come totheir attention in connection with their duties which
will be of benefit to the Coast Guard in maintaining its system of aids
to navigation. This shouldinclude statements as to the displacement of
or defects in any such aids to navigation.
(4) If work involving harbor or channel improvements directly
affects any existing aids to navigation or any structures of the Coast
Guard, DistrictsEngineers will, when practicable, give notice to the
Coast Guard District Commander sufficiently in advance to permit taking
such steps as may be deemednecessary by the Coast Guard. If the Coast
Guard District Commander specifically requests that the affected
structure be replaced, the District Engineerwill inform him of the
estimated cost and will proceed with the work if so authorized by the
Chief of Engineers. On completion of the work, the
[[Page 157]]
District Engineer will promptly furnish the Coast Guard District
Commander, for settlement, an account of the expense incurred.
(e) Navigation Aids of the Corps of Engineers. (1) Whenever channel
dredging or other channel improvements are being performed,
necessarytemporary markers, such as ranges and light poles, should be
installed and maintained by the District Engineer pending the
installation of permanent aidsby the Coast Guard. The Coast Guard
desires that information regarding aids to navigation installed or
maintained by District Engineers in connection withharbor or channel
improvement be furnished promptly. Such information is needed for
inclusion in Notice to Mariners as published by the Coast Guard,
andwhere desirable on the charts of the waters concerned.
(2) District Engineers will notify the Coast Guard District
Commander in every case where aids to navigation for marking works of
harbor or channelimprovements are established or discontinued. Notice
should be given of such aids as may be of use or interest to general
navigation. Notice need not begiven as to such buoys, lights, or fog
signals as are of temporary or unimportant character, or of importance
only to the Corps of Engineers. Omit alsolights or fog signals on ferry
slips and on piers used only by certain vessels, and stakes, bushes, and
barrel buoys marking shallow and little-usedchannels.
(3) In placing aids to navigation in connection with harbor or
channel improvement works, District Engineers should see that they do
not conflict incharacter or otherwise with other aids to navigation in
the vicinity. District Engineers should confer with the Coast Guard
District Commander on thissubject.
(4) The necessary blank forms for reporting information regarding
Corps of Engineers aids will be furnished upon request by the Coast
Guard DistrictCommander.
(5) It is essential that the Coast Guard by furnished with
information for publication concerning markers installed by the Corps of
Engineers astemporary aids to navigation, for new improvements, in
advance of permanent aids, and also concerning other markers that may be
established in connectionwith Corps of Engineers operations that may
also serve as important aids to navigation. Care will be exercised to
see that all markers established are notmisleading to general navigation
and do not interfere with aids to navigation estabished by the Coast
Guard.
(f) Colors of dredging buoys established by Corps of Engineers. (1)
In order to distinguish buoys placed and maintained by the Corps of
Engineersfor dredging purposes from aids to navigation placed by the
Coast Guard, Corps buoys will be painted white with the top 2 feet
painted light green.
(2) If buoys with special markings are needed to indicate the
different sides of the navigable channel, prior arrangements will be
made with the CoastGuard District Commander having jurisdiction.
(g) Information to be furnished by the Corps of Engineers. (1)
District Engineers responsible for harbors and waterways shown on charts
of theNational Ocean Survey (NOAA), will report the channel conditions
promptly, using standard tabular forms, to:
Director, Defense Mapping Agency, ATTN: Hydrographic Center, Washington,
D.C. 20390.
National Oceanic and Atmospheric Administration, ATTN: National Ocean
Survey C-32, Rockville, Md. 20852.
Commandant and District Commanders, U.S. Coast Guard.
(2) Channel survey drawings furnished to the Coast Guard are to
include:
(i) Either NAD 27 or State Plane grids.
(ii) Plots of the positions of aids to navigation.
(iii) Written notations of the coordinates in NAD 27 or State Plane
Coordinates of the fixed aids to navigation found during the survey.
(3) The standard tabular forms with illustrated data follow:
(i) For channels 400 feet wide and greater (ENG Form 4020-R).
(ii) For channels 100 to 400 feet wide (ENG Form 4021-R).
[[Page 158]]
[ ---------------- Harbor, ---------------- (State)]
----------------------------------------------------------------------------------------------------------------
Project Minimum depths in channel
--------------------------------- entering from seaward
---------------------------------
Mid-
Name of channel Date Left channel
survey Feet Mileslength Feet outside for half Rightoutside
width depth quarter project quarter feet
feet width
feet
----------------------------------------------------------------------------------------------------------------
Kings Island Channel............... 3-78 300 1.14 26 24 23 26
Whitehall Channel.................. 3-78 200 1.81 26 27 26 25
----------------------------------------------------------------------------------------------------------------
ENG FORM 4021-R (Jul 59)
(iii) For channels less than 100 feet in width, report controlling
depths only based on at least 80 percent of project width, 40 percent on
either sideof centerline. (The submission of tabular forms is not
required for channels having a project depth less than 10 feet except
coastal inlets and harbors ofrefuge.)
(4) The tabulations of depths should be amplified by footnotes or
otherwise to show clearly and definitely the location of controlling
shoals, tendencyof shoals to recur, and all other critical information
of special value and importance for safe navigation of the channel.
Reaches of channel not presentlynamed should be identified in the
tabular form by reference to chartered aids or features, or assigned
identifying names, numbers or letters. For localizedirregular project
areas where the application of the tabular form would not be practical,
the controlling depth based on a safe navigable width will bedescribed
as well as unusual or critical conditions of shoaling.
(5) The prompt dissemination of the latest detailed information
concerning channel conditions is of utmost importance, and necessary
measures will betaken to insure that such information is reported
without delay simultaneously to the U.S. Naval Oceanographic Office, the
Coast Guard, the National OceanSurvey and Defense Mapping Agency. When a
dangerous shoaling is found during the progress of a survey, information
thereon will be furnished immediately tothe above-mentioned agencies, so
that such information may be made available to mariners promptly, and
buoys shifted to mark the shoal. Descriptions of anydredging or other
operations in important channels in tidal waters--either in progress and
not already reported, or soon to beundertaken--together with a statement
of the work and expected duration, will also be reported in order that
Naval and other vessels may be warned tolook out for dredges and other
plant, temporary markers and lights.
(6) District Engineers having charge of improvements of harbors and
waterways shown on charts of the Defense Mapping Agency or of the
National OceanSurvey will send to both offices promptly, as ascertained
for the correction of such charts, the following information:
Descriptions of changes in channellocation and depth, or of obstructions
that may be discovered, with such prints and other information as may be
necessary to permit the existing charts tobe corrected to date. All maps
should contain sufficient data to permit the fixed plane or reference,
bench marks, base lines, etc., to be determined andlocated. The survey
stations should be shown and, when no unreasonable expenditure of time
or labor is involved, the map will show one or moretriangulation
station(s) of the National Ocean Survey in such a way as to facilitate
connection of old or new work. The source of authority for theshoreline
and topography should be stated on the map. The data supplied should
indicate what charts are affected.
(7) When any survey of areas covered by charts of the Defense
Mapping Agency or the National Ocean Survey is completed, a print of
each tracing will besent direct to both the Defense Mapping Agency and
the National Ocean Survey. It is not necessary that tracings be fully
complete as to form and title whensuch prints are made. An informal
manuscript title marked
[[Page 159]]
``Advance Sheets'', and containing a description sufficient to identify
thelocality and to identify the source of the map, will be sufficient.
(8) Information relative to the improvement of harbors and waterways
such as dredging operations, and precautions rendered necessary due to
thepresence of dredging or other plant will, when considered necessary,
be brought to the attention of vessel owners or operators regularly
using thewaterway. This will be done through issuing bulletins or
notices by District Engineers.
(h) Special Reports. Changes affecting navigation will be made
promptly whenever information of immediate concern to navigation becomes
known.Items of information especially desired are channel conditions as
revealed by surveys, changes in channel conditions, either by natural
causes or bydredging or other work, changes in approved projects for
improvement with statements of results expected from proposed
operations, descriptions of proposeddredging or other Federal work of
improvement such as breakwater, pier, and revetment construction or
alterations, descriptions of proposed or completedmunicipal or private
improvements in or affecting navigable waters. Additional items of
information desired are descriptions of wrecks, uncharted shoals,and
other obstructions to navigation and particulars as to proposed or
completed removal of same, changes in buoys or lights, erection of new,
or changesin existing bridges, new or revised Federal or local rules and
regulations for harbors and channels, and establishment or existence of
danger areas innavigable waters. Reproductions of drawings or sketches
which will be helpful in interpreting the data shall accompany the
reports. The reports will not belimited to a reference to an
accompanying drawing or sketch, but will contain a complete description
in form suitable for publication in notices tomariners and the monthly
supplements to the U.S. Coast Pilot. In this respect, the reports will
provide enough information that a single notification tonavigational
interests will suffice. In the case of dredging or construction work,
the bare statement that work will commence or has commenced on a
certaindate is insufficient. All additional information possible, such
as probable duration of operations and object of work, will be given--
the latter inthe case of dredging being such data as the area to be
covered and the depth expected to be provided. The reports required by
this paragraph will beidentified by reference to the appropriate
Engineer Manual or regulation and will be numbered consecutively by each
District during the calendar year,starting with number 1 at the
beginning of each year.
(i) Information pamphlets, maps, brochures and other material. (1)
Pub. L. 85-480, approved 2 July 1958, authorizes the Chief of
Engineersto publish information pamphlets, maps, brochures, and other
material on river and harbor, flood control, and other Civil Works
activities, includingrelated public park and recreation facilities under
his jurisdiction, as he may deem to be of value to the general public.
(2) This Public Law authorizes the Chief of Engineers to provide for
the sale of any of the material prepared under authority of the act--and
ofpublications, charts, or other material prepared under his direction
pursuant to other legislative authorization or appropriation, and to
charge therefor asum of not less than the cost of reproduction.
(3) District Engineers are authorized to publish the material
covered in paragraph 8a above, and to sell such material. Except for
materialspecifically prepared for free distribution to the general
public, the charges for such other published information will be not
less than the cost of itsreproduction.
(4) Condition survey maps or charts, sold or otherwise distributed
to the public, showing depths will specifically state the date or dates
that thesurveys were made. They shall also have the following notation
printed or stamped thereon:
``The information depicted on this map represents the results of
surveys made on the dates indicated and can only be considered as
indicating thegeneral conditions existing at that time.''
[43 FR 19661, May 8, 1978]
[[Page 160]]
Sec. 209.335 Publication.
(a) Section 4 of the Administrative Procedure Act requires
publication of general notice of proposed rule making in the Federal
Register (unlessall persons subject thereto are named and either
personally served or otherwise have actual notice thereof in accordance
with law), except to the extentthat there is involved: (1) Any military,
naval, or foreign affairs function of the United States or (2) any
matter relating to agency management orpersonnel or to public property,
loans, grants, benefits, or contracts. Except where notice of hearing is
required by statute, this requirement does notapply to interpretative
rules, general statements of policy, rules of agency organization,
procedure, or practice, or in any situation in which the agencyfor good
cause finds (and incorporates the finding and a brief statement of the
reasons therefor in the rules issued) that notice and public
procedurethereon are impracticable, unnecessary, or contrary to the
public interest.
(b) General notice of proposed rule making published in accordance
with the above will include: (1) A statement of the time, place, and
nature ofpublic rule making proceedings; (2) reference to the authority
under which the rule is proposed; and (3) either the terms or substance
of the proposed ruleor a description of the subjects and issues
involved.
Sec. 209.340 Laboratory investigations and materials testing.
(a) Purpose. The purpose of this section is to define and establish
policies and procedures applicable to the performance of investigations
andtests at Corps of Engineers laboratory installations for other
governmental agencies and private organizations.
(b) Applicability. This regulation applies to Corps of Engineers
Divisions and Districts operating soils, concrete, water quality and
hydrauliclaboratories, and to the Inter-Agency Sedimentation Project.
(c) References. (1) AR 37-20.
(2) AR 37-27.
(3) ER 1-1-6.
(4) ER 10-1-3, Appendix XIII.
(5) ER 1110-1-8100.
(6) ER 1140-2-303.
(d) Policy. Subject to the authority limitations contained in
paragraph (f) of this section, laboratory investigations and materials
testing maybe performed for other agencies of the Federal Government,
State and local units of government, foreign governments and private
firms under the followingconditions:
(1) The work will be performed on a cost reimbursable basis.
(2) Work may be performed for State and local units of government,
foreign governments or private firms only when it is firmly established
that privatecommerical laboratory facilities capable of performing such
work are not available, or because of location or for other reasons it
is clearly impracticalto utilize such private commerical laboratory
services. The requesting entity must further certify that such services
cannot be procured reasonably andexpeditiously through ordinary business
channels.
(3) Performance of the work will not interfere with provisions of
services essential to the mission of the Corps.
(4) Performance of the work will not require an increase in the
permanent staff of the facility.
(5) Performance of the work will not require expansion of normal
facilities.
(6) The work is within the scope of authorized activities of the
laboratory at which the work is to be performed.
(7) Performance of the work will not be adverse to the public
interest.
(8) Prior to undertaking laboratory investigations or materials
testing for private firms, written certification will be obtained from
such firmsstating that the results of the work will not be used in
litigation or for promotional purposes.
(e) Terms of providing reimbursement for work performed--(1) Federal
agencies. Reimbursement for work for the Department of Defense,the
Department of the Army, and other Federal Agencies will be in accordance
with the procedures prescribed in AR 37-27.
(2) State and local units of Government. Funds to cover the total
estimated cost of the work or an initial increment of
[[Page 161]]
the esitmated costbased on an approved schedule of payment will be
deposited with the installation performing the work before any
obligations or expenses in connection withthe work are incurred; and
when funds are being deposited on an approved schedule no obligations or
expenses will be incurred in connection with the workin excess of funds
on deposit.
(3) Private concerns and foreign governments. Funds will be
deposited in advance of the work as required in paragraph (e)(2) of this
section.Charges shall include a surcharge of 15 percent of all
applicable costs, except under the following conditions.
(i) When the final product will directly contribute to a specific
planning, design, or construction activity which derives its principal
support fromFederal funds in the form of a grant or otherwise.
(ii) Where an exception is granted based on a direct benefit to the
Government. Adequate justification, outlining the direct benefits which
areexpected to accrue to the Government, will be forwarded to HQDA
(DAEN-CWE-DC) Washington, DC 20314, for review and approval prior to
deletion of thesurcharge.
(f) Authority. The following delegations of authority to perform
laboratory investigations and materials testing apply.
(1) Division materials laboratories. Division Engineers are
delegated the authority to approve laboratory work for Federal, State
and local unitsof government when the total estimated cost of each
investigation or test project is $15,000 or less. Division Engineers are
also delegated the authorityto approve laboratory work for private firms
and foreign Governments when the total estimated cost of each
investigation or test project is $5,000 or less.Approval is required
when the estimated or actual costs exceed those delegations of
authority. Requests for approval shall be addressed to DAEN-CWE-DC.
(2) Hydraulic laboratories. Division Engineers and District
Engineers operating hydraulic laboratories or hydraulic model
laboratories aredelegated the authority to approve laboratory work for
others within the same limitations and in accordance with the same
procedures as apply to DivisionMaterials Laboratories.
(3) Inter-Agency Sedimentation Project, St. Anthony Falls
Laboratory, University of Minnesota, Minneapolis, Minnesota. The
District Engineer, St.Paul is authorized to perform work required in
procurement, testing and calibration of specialized sediment sampling
equipment developed at the Inter-Agency Sedimentation Project. Equipment
of this nature will be made available to Federal, State and local
governmental agencies at cost. The DistrictEngineer, St. Paul, is also
authorized to approve the performance of testing and calibration work
for U.S. private firms that fabricate this specializedequipment for
commercial sale when the estimated cost for services of Corps personnel
is $5,000 or less for a single order. Approval is required when
theestimated single order cost for a private firm exceeds $5,000 and
when the total cost of work during a fiscal year for any one private
firm exceeds$15,000. Requests for approval shall be addressed to HQDA
(DAEN-CWE-HY) Washington, DC 20314.
(g) Reports of testing results. Final reports of results will be
submitted in accordance with instructions provided by the
sponsoringorganization, with two copies to HDQA (DAEN-CWE-DC)
Washington, DC 20314.
Copies of reports of scientific or technical activities will be
transmitted to the Defense Documentation Center as required by AR 70-
31.(RCS OSD-1366)
(Sec. 3012, 70A Stat 157; 10 U.S.C. 3012)
[44 FR 50338, Aug. 28, 1979]
Sec. 209.345 Water resource policies and authorities.
Reimbursement for Advance Non-Federal Participation in Civil Works
Projects
(a) Purpose. This regulation gives general instructions on use of
section 215 of the Flood Control Act of 1968 (Pub. L. 90-483)
toreimburse a non-Federal public body for construction of part of an
authorized Federal project, part of an authorized Federal project. It
establishesgeneral policies, outlines procedures to be followed in
reaching
[[Page 162]]
an agreement with an eligible non-Federal entity, and provides guidance
on theprovisions of such an agreement. All authorized projects are
subject to this Act and regulation.
(b) Applicability. This regulation applies to all field operating
agencies having Civil Works responsibilities.
(c) References. (1) Section 215, FCA of 1968 (Pub. L. 90-483, 42
U.S.C. 1962d-5a.). (APP A, this regulation).
(2) Senate Document No. 10, 90th Congress, 1st Session, ``Study of
Federal Reimbursement Policy for Work by States and other Non-Federal
Entitieson Authorized Water Resources Projects.''
(3) Section 221, FCA of 1970 (Pub. L. 91-611, 42 U.S.C. 1962d-5b).
(4) ER 405-2-680.
(5) ER 1140-2-301.
(6) ER 1180-1-1, (para. A-310, App. A).
(d) General policy. (1) The specific limitations put upon the
allotment of funds authorized by section 215 indicate that only limited
use shouldbe made of the authority. It will, therefore, be Corps of
Engineers policy to restrict the use of this authority to cases that
meet all of the followingconditions:
(i) The work, even if the Federal Government does not complete the
authorized project, will be separately useful or will be an integral
part of alarger non-Federal undertaking that is separately useful;
(ii) The work done by the non-Federal entity will not create a
potential hazard;
(iii) Approval of the proposal will be in the general public
interest;
(iv) Only work commenced after project authorization and execution
of an agreement pursuant to this Regulation will be eligible for
reimbursement orcredit;
(v) Proposed reimbursement will not exceed the amount that the
District Engineer considers a reasonable estimate of the reduction in
Federalexpenditures resulting from construction of the project component
by the non-Federal entity.
(2) Before finally approving any agreement under section 215, the
Chief of Engineers will inform the Secretary of the Army and the
Chairman (Senate andHouse), Subcommittee on Public Works, Committee on
Appropriations of the proposed arrangements. The Chief of Engineers will
not sign an agreement untilSecretarial and Committee concurrences are
obtained.
(3) Section 215 authority will not be used where it might appear to
circumvent the intent of Congress. It will not, for example, be used to
initiatework on projects to which Congressional committees have
indicated general opposition or refused to provide requested funds, or
to accelerate portions ofwork on which construction has already been
commenced by the Federal Government.
(4) Section 215(f) authorizes a specific allotment of funds to
reimburse non-Federal entities for work accomplished under the Section.
No allotment hasbeen established, nor is one proposed at this time.
Until one is, and firm procedures are established, any agreement with a
non-Federal entity shall callfor reimbursement, or for credit against
required contributions, only when construction funds for the Federal
project which incorporates the partconstructed by the non-Federal entity
are appropriated and allocated.
(5) The non-Federal entity will normally be required to develop the
design memorandum, engineering plans, and specifications for the work it
proposesto undertake. Subject to policies established in ER 1140-2-301,
as modified in paragraph (e)(2) of this section, the District Engineer
mayprovide engineering services with funds advanced by the non-Federal
entity if he determines it to be impracticable for the entity to obtain
the serviceselsewhere. Non-Federal engineering and overhead costs for
the part of the Federal project that the non-Federal entity proposes to
construct will be part ofthe reimbursement agreement.
(6) The agreement shall include local cooperation items required by
the project authorization and by Section 221, FCA of 1970.
(7) Reimbursement of non-Federal work under Section 215 is not
applicable to small projects authorized under the general authority of
Section 107, Pub.L. 86-645, as amended. (33 U.S.C. 577); Section 205,
Pub. L. 858, 80th Congress, as amended, (33 U.S.C. 701s); and Section
103, Pub. L.87-874, as amended,
[[Page 163]]
(33 U.S.C. 426g); and Section 14, Pub. L. 79-526 (33 U.S.C. 701r).
(e) Procedures. (1) Non-Federal entities desiring reimbursement
under Section 215 for constructing part of an authorized Federal project
shouldconfer with the District Engineer and submit a written proposal to
him. This proposal will form the basis for consulting, as needed, with
OCE and fordeciding whether the proposal meets the policy criteria of
paragraph (d) of this section, and whether to continue under the
procedures below and whatsequence to follow.
(2) If Federal preconstruction planning funds are not available to
the project and it is considered impractical for the non-Federal entity
to prepare apartial design memorandum and/or plans and specifications,
the draft agreement may propose that this work be accomplished by the
Corps of Engineers throughan advance of non-Federal funds for this
purpose. Certain advances of funds will be necessary, in any event, to
cover other costs which are required on thepart of the Corps of
Engineers. Paragraph 11 of ER 1140-2-301 requires that requests to the
Appropriations Committees for approval ofadvances of funds should
normally be submitted to the Committees by non-Federal interests outside
of Corps of Engineers channels. An exception to thisprocedure will be
made in the case of Section 215 proposals in that the request for
approval of advances will be made a part of the request to thecommittees
for approval of the overall arrangement referred to in paragraph (d)(2)
of this section. Thus, proposed advances of funds for the
followingpurposes will be clearly set forth in the draft agreement: (i)
Preparation of a partial design memorandum and/or plans and
specifications (ii) corps reviewof design scheduled for accomplishment
by local interests, and (iii) periodic and final inspections.
(3) The District Engineer will submit for review an unsigned draft
agreement to OCE. All agreements will be prepared for the signature of
the Chief ofEngineers.
(4) The District Engineer will be notified of any changes in the
draft agreement that the Chief of Engineers may require, and will
negotiate a finalagreement with the non-Federal entity. After signature
of the agreement by the non-Federal entity, the District Engineer will
forward three copies to HQDA(DAEN-CWO-C) WASH DC 20314, for signature by
the Chief of Engineers.
(5) Upon receipt from OCE of the full executed agreement, the
District Engineer will transmit the signed agreement to the non-Federal
entity.
(6) The Division Engineer will review the (partial) design
memorandum, and, if it meets the relevant criteria in paragraph (d)(1)
of this section, willsubmit it to OCE with the recommendations on
whether or not the work may proceed subject to reimbursement under the
agreement.
(7) The Division Engineer will approve plans and specifications.
(8) The non-Federal entity will award contract.
(9) The District Engineer will conduct periodic and final
inspections.
(10) Upon completion of the local work, the District Engineer will
certify the cost data, and that performance has been in accordance with
theagreement.
(f) Agreements. Agreements under Section 215 should follow the
general format presented in paragraph (c)(6) of this section, adapted as
warrantedby the specific case. Each agreement shall:
(1) Expire 3 years after the date of execution if the non-Federal
entity has not commenced the work contemplated by the agreement.
(2) State the time allowed for completion of the work. A reasonable
time shall be allowed, but normally not over 2 construction seasons.
(3) Fully describe the work to be accomplished by the non-Federal
entity and specify the manner in which it will be carried out.
(4) The agreement will specify that reimbursement by the Federal
Government will not exceed $1,000,000.
(5) Provide for necessary review of designs, plans, and
specifications, by the District Engineer.
(6) Provide for examination and review of proposed contracts and for
inspection of the work by the District Engineer for conformance with the
terms ofthe agreement.
[[Page 164]]
(7) State fully the basis on which reimbursement or credit shall be
determined, and provide for the final adjustment when the balance of
theFederal project is constructed. If the improvement proposed by the
non-Federal entity includes work that will not become a part of the
Federal project, themeans of determining the part eligible for
reimbursement shall be fully defined.
(8) State that such reimbursement shall depend upon appropriation of
funds applicable to the project and shall not take precedence over other
pendingprojects of higher priority.
(9) Specify that reimbursement or credit for non-Federal work shall
apply only to that work undertaken after execution of the agreement. The
term``work'' shall include advance engineering and design as well as
actual construction.
(10) State that the agreement is not to be construed as committing
the United States to reimbursement if the Federal project is not
undertaken, or ifthe Federal project should be modified in such a way
that the work performed by the non-Federal entity does not constitute a
part thereof.
(11) Contain applicable equal employment clauses from Armed Services
Procurement Regulations.
(g) Nature and amount of reimbursement. (1) The non-Federal entity
may be reimbursed by a payment of cash, or, preferably, by reductions in
anynon-Federal contribution to the Federal project that may have been
required by the legislation authorizing it, or by a combination of cash
and suchreductions.
(2) The amount of reimbursement shall equal the approved
expenditures made by the non-Federal entity for work that would have
been accomplished atFederal expense if the entire project were carried
out by the Corps of Engineers, and as covered in the agreement under
paragraphs (f) (7) and (10) of thissection. The amount of reimbursement
will not exceed, however, the amount that the District Engineer finds to
be a reasonable estimate of the reduction inFederal expenditure
resulting from construction by the non-Federal entity.
Sec. Appendix A to Part 209--Public Law 90-483, 90th Congress, S. 3710,
August 13, 1968
An act authorizing the construction, repair, and preservation of
certain public works on rivers and harbors for navigation, flood
control, and forother purpose. (82 Stat. 731).
* * * * *
Sec. 215. (a) The Secretary of the Army, acting through the Chief of
Engineers, may, when he determines it to be in the public interest,
enter intoagreement providing for reimbursement to States or political
subdivisions thereof for work to be performed by such non-Federal public
bodies at waterresources development projects authorized for
construction under the Secretary of the Army and the supervision of the
Chief of Engineers. Such agreementsmay provide for reimbursement of
installation costs incurred by such entities or an equivalent reduction
in the contributions they would otherwise berequired to make, or in
appropriate cases, for a combination thereof. The amount of Federal
reimbursement, including reductions in contributions, for asingle
project shall not exceed $1,000,000.
(b) Agreements entered into pursuant to this section shall (1) fully
describe the work to be accomplished by the non-Federal public body, and
beaccompanied by an engineering plan if necessary therefor; (2) specify
the manner in which such work shall be carried out; (3) provide for
necessary reviewof design and plans, and inspection of the work by the
Chief of Engineers or his designee; (4) state the basis on which the
amount of reimbursement shallbe determined; (5) state that such
reimbursement shall be dependent upon the appropriation of funds
applicable thereto or funds available therefor, andshall not take
precedence over other pending projects of higher priority for
improvements; and (6) specify that reimbursement or credit for non-
Federalinstallation expenditures shall apply only to work undertaken or
Federal projects after project authorization and execution of the
agreement, and does notapply retroactively to past non-Federal work.
Each such agreement shall expire three years after the date on which it
is executed if the work to beundertaken by the non-Federal public body
has not commenced before the expiration of that period. The time allowed
for completion of the work will bedetermined by the Secretary of the
Army, acting through the Chief of Engineers, and stated in the
agreement.
(c) No reimbursement shall be made, and no expenditure shall be
credited, pursuant to this section, unless and until the Chief of
Engineers or hisdesignee, has certified that the work for which
reimbursement or credit is
[[Page 165]]
requested has been performed in accordance with the agreement.
(d) Reimbursement for work commenced by non-Federal public bodies no
later than one year after enactment of this section, to carry out or
assist incarrying out projects for beach erosion control, may be made in
accordance with the provisions of section 2 of the Act of August 13,
1946, as amended (33U.S.C. 426f). Reimbursement for such work may, as an
alternative, be made in accordance with the provisions of this section,
provided that agreementrequired herein shall have been executed prior to
commencement of the work. Expenditures for projects for beach erosion
control commenced by non-Federalpublic bodies subsequent to one year
after enactment of this section may be reimbursed by the Secretary of
the Army, acting through the Chief of Engineers,only in accordance with
the provisions of this section.
(e) This section shall not be construed (1) as authorizing the
United States to assume any responsibilities placed upon a non-Federal
body by theconditions of project authorization, or (2) as committing the
United State to reimburse non-Federal interests if the Federal project
is not undertaken oris modified so as to make the work performed by the
non-Federal Public body no longer applicable.
(f) The Secretary of the Army is authorized to allot from any
appropriations hereafter made for civil works not to exceed $10,000,000
for any onefiscal year to carry out the provisions of this section. This
limitation does not include specific project authorizations providing
for reimbursement.
* * * * *
[42 FR 24050, May 12, 1977]
PART 210_PROCUREMENT ACTIVITIES OF THE CORPS OF ENGINEERS--Table of Contents
Sec.
210.1 Advance notice to prospective bidders.
210.2 Notice of award.
210.3 Notice to proceed.
210.4 Rules of the Corps of Engineers Board of Contract Appeals for
cases not subject to the Contract Disputes Act of 1978.
210.5 Rules of the Corps of Engineers Board of Contract Appeals for
cases subject to the Contract Disputes Act of 1978.
Authority: Secs. 2301-2314, 3012, 70A Stat. 127-133, 157; 10 U.S.C.
2301-2314, 3012.
Sec. 210.1 Advance notice to prospective bidders.
In connection with all construction contracts estimated to cost
$100,000 or more for which an invitation is scheduled to be issued, an
advance noticeto prospective bidders will be prepared sufficiently in
advance of the actual issuance of the invitation to stimulate interest
on the part of the greatestpossible number of contractors. Advance
notices may also be prepared on projects estimated to cost less than
$100,000 and for supplies where considereddesirable. ENG Form 3132-R or
ENG Form 3133-R [set out in paragraphs 205 and 206, Appendix A, Engineer
Contract Instructions (ER1180-1-1)] will be used to send advance notices
to prospective bidders. Lengthy notices may be reproduced and mailed
using ENG Form3133-R as a foldover wrapper fastened with a wire staple.
Advance notices will contain the information required by ENG Form 3132-
R, butadditional information may be added as appropriate. The advance
notices will:
(a) Describe the proposed work in sufficient detail to permit
prospective general contractors, subcontractors and suppliers to
determine reasonablywhether the work is of a nature and volume to
warrant their buying plans;
(b) Specify the date by which bidders should return the request card
in order to receive a complete bid set;
(c) State the various locations (offices) where plans will be on
public display, available for inspection without charge; and
(d) Include for construction contracts a statement as to the
approximate value of the proposed construction. That statement of value
shall be inincrements as follows: (1) Less than $25,000; (2) the nearest
multiple of $25,000 up to $100,000; (3) the nearest multiple of $100,000
from $100,000 to $1million; (4) the nearest multiple of $500,000 for
from $1 million to $10 million; (5) over $10 million for all projects of
greater estimated value.
Information on several projects for which invitations are scheduled to
be issued may be grouped in one advance notice provided that information
onany project or projects is not unduly delayed in order to be grouped
with others. When an advance notice is used to circularize bidders,
copies of theinvitation, when issued, will be furnished only to those
prospective bidders who
[[Page 166]]
have returned a request card indicating a desire to submit a bid.
[26 FR 11732, Dec. 7, 1961]
Sec. 210.2 Notice of award.
The successful bidder will be notified in writing of the acceptance
of his bid. Under construction contracts, this notice may accompany the
contractpapers which are forwarded for execution. To avoid error, or
confusing the notice of award with a notice to proceed, the notice of
award will besubstantially in the following format:
You are hereby notified that your bid dated -------- in the sum of
$------ covering -------- is accepted. A formal contract will be
prepared for execution.Acceptable performance and payment bonds (if
required) must be furnished upon execution of the formal contract. If
approval of the contract is required byits express terms, the contract
is not fully executed until such approval is obtained.
Under supply contracts a written award mailed (or otherwise furnished)
to the successful bidder either on Standard Form 26 or Standard Form
33,results in a binding contract without further action by either party.
[26 FR 11732, Dec. 7, 1961]
Sec. 210.3 Notice to proceed.
(a) General. When the contract specifies the time when the
contractor is to proceed with the work under the contract, a notice to
proceed willnot be required. However, in any case where the contract
requires the issuance of a notice to proceed the notice will fix the
time for the commencement ofthe work and also, if appropriate, will fix
the time for the completion of the work. The notice to proceed should be
issued on a form letter, reproduced onlocal letterhead paper from a
master copy, which will preclude repetitive typing of stereotype data.
The notice to proceed will be executed in a sufficientnumber of copies
to meet the contract distribution requirements in paragraph 30-206,
Engineer Contract Instructions (ER 1180-1-1), andwill bear the contract
number in the upper right-hand corner of the notice.
(b) Contractor's acknowledgment. When a notice to proceed is issued,
the contractor will acknowledge receipt thereof by signing and dating
allcopies of the acknowledgment and returning all but one copy to the
contracting officer.
(c) Proceeding before approval of bonds. It is not necessary to
delay commencement under the contract pending approval of bonds by The
JudgeAdvocate General. Such action will be at the discretion of the
contracting officer. In the event exceptions are taken to the bonds the
contractor willimmediately take steps to remove such exceptions or
submit new bonds.
(d) Commencing performance. Contractors in no case will be required
to commence performance prior to the commencement date fixed in the
contractor in the notice to proceed. If they voluntarily do so and the
contract is not ultimately signed, or approved when required, such
action is at their ownrisk and without liability on the part of the
Government. Contractors will not be required to commence performance
until:
(1) Performance and payment bonds have been furnished, when
required;
(2) The award has been approved when approval is required; and
(3) Notice to proceed has been forwarded to the contractor where
required.
[26 FR 11732, Dec. 7, 1961]
Sec. 210.4 Rules of the Corps of Engineers Board of Contract Appeals for cases not subject to the Contract Disputes Act of 1978.
(a) Preface to rules. (1) The Corps of Engineers Board of Contract
Appeals is the authorized representative of the Chief of Engineers for
thepurpose of hearing, considering and determining, as fully and finally
as he might, appeals by contractors from decisions of contracting
officers or theirauthorized representative or other authorities on
disputed questions, taken pursuant to the provision of contracts
requiring the determination of suchappeals by the Chief of Engineers or
his duly authorized representative or Board.
(2) When an appeal is taken pursuant to a disputes clause in a
contract which limits appeals to disputes concerning questions of fact,
the Board may inits discretion hear, consider and decide all questions
of law necessary for the complete adjudication of
[[Page 167]]
the issue. In the consideration of an appeal,should it appear that a
claim is involved which is not cognizable under the terms of the
contract, the Board may make findings of fact with respect to sucha
claim without expressing an opinion on the question of liability.
(3) Emphasis is placed upon the sound administration of these rules
in specific cases, because it is impracticable to articulate a rule to
fit everypossible circumstance which may be encountered. These rules
will be interpreted so as to secure a just and inexpensive determination
of appeals withoutunnecessary delay.
(4) Preliminary procedures are available to encourage full
disclosure of relevant and material facts, and to discourage unwarranted
surprise. Theparties are expected to cooperate and to voluntarily comply
with the intent of such procedures without resort to the Board except on
controversialquestions. The Board may order exchange of complicated
exhibits prior to hearing in order to expedite the hearing.
(5) All time limitations specified for various procedural actions
are computed as maximums, and are not to be fully exhausted if the
action describedcan be accomplished in a lesser period. These time
limitations are similarly eligible for extension in appropriate
circumstances, on good cause shown.
(6) Whenever reference is made to contractor, appellant, contracting
officer, respondent and parties, this shall include respective counsel
for theparties, as soon as appropriate notices of appearance have been
filed with the Board.
(b) Rule 1, Appeals, how taken. Notice of an appeal must be in
writing and the original, together with two copies, may be filed with
thecontracting officer from whose decision the appeal is taken. The
notice of appeal shall be mailed or otherwise filed within the time
specified therefor inthe contract or allowed by applicable provision of
directive or law.
(c) Rule 2, Notice of appeal, contents of. A notice of appeal should
indicate that an appeal is thereby intended, and should identify
thecontract (by number) and the decision from which the appeal is taken.
The notice of appeal should be signed personally by the appellant (the
contractormaking the appeal), or by an officer of the appellant
corporation or member of the appellant firm, or by the contractor's duly
authorized representative orattorney. The complaint referred to in Rule
6 may be filed with the notice of appeal, or the appellant may designate
the notice of appeal as a complaint,if it otherwise fulfills the
requirements of a complaint.
(d) Rule 3, Forwarding of appeals. When a notice of appeal in any
form has been received by the contracting officer, he shall endorse
thereon thedate of mailing (or date of receipt, if otherwise conveyed)
and within 10 days shall forward said notice of appeal, together with a
copy of the decisionappealed from, to the Board. Following receipt by
the Board of the papers described in the next rule (Rule 4), the
contractor will be promptly advised ofits receipt and that the appeal is
then considered docketed, and the contractor will be furnished a copy of
these rules.
(e) Rule 4, Preparation, contents, organization, forwarding and
status of appeal file--(1) Duties of contracting officer.
Followingreceipt of a notice of appeal or advice that an appeal has been
filed, the contracting officer shall compile and transmit to the Board
and the governmenttrial attorney an appeal file consisting of all
documents pertinent to the appeal including in particular:
(i) The decision and findings of fact from which the appeal was
taken;
(ii) The contract including pertinent amendments, specifications,
plans and drawings;
(iii) All correspondence between the parties pertinent to the
appeal, including the letter or letters of claim in response to which a
decision wasissued;
(iv) Transcripts of any testimony taken during the course of
proceedings and affidavits or statements of any witnesses on the matter
in dispute madeprior to the filing of the notice of appeal with the
Board;
(v) Such additional information as may be considered material.
The contracting officer shall at the same time furnish to the appellant
a copy of each document in the appeal file except those set forth
inparagraph (e)(1)(ii) of this section, as to which a
[[Page 168]]
list furnished appellant indicating the specific contractual documents
included in the file willsuffice, and those set forth in paragraph
(e)(4) of this section.
(2) Supplementation of appeal file. Within 30 days after receipt of
its copy of the appeal file the appellant may supplement the same
byfurnishing to the Board any document not contained therein which he
considers pertinent to the appeal and furnishing two copies of each
document to thegovernment trial attorney.
(3) Organization of appeal file. Documents in the appeal file may be
originals or legible facsimiles or authenticated copies thereof and
shall bearranged in chronological order, where practicable, numbered
sequentially, tabbed and indexed to identify the contents of the file.
(4) Lengthy documents. The Board, on motion of a party, may waive
the requirement of furnishing to the other party copies of bulky,
lengthy orout-of-size documents in the appeal file when a party has
shown that doing so would impose an undue burden. At the time a party
files with the Board adocument as to which such a waiver has been
granted, he shall notify the other party that the same or a copy is
available for inspection at the office ofthe Board or of the party
filing the same.
(5) Status of documents in appeal file. Documents in the appeal file
are considered as evidence in the case. A party to the appeal may at
anytime prior to the conclusion of a hearing or in the case of an appeal
submitted on the record prior to the date of the notice that the case is
ready fordecision object to the inclusion of any document in the appeal
file. The Administrative Judge hearing the case will rule on the
objection as on any otherobjection to the admission of evidence.
(f) Rule 5, Dismissal for lack of jurisdiction. Any motion addressed
to the jurisdiction of the Board shall be promptly filed. Hearing on
themotion shall be afforded on application of either party, unless the
Board determines that its decision on the motion will be deferred
pending hearing onboth the merits and the motion. The Board shall have
the right at any time and on its own motion to raise the issue of its
jurisdiction to proceed with aparticular case, and shall do so by an
appropriate order, affording the parties an opportunity to be heard
thereon.
(g) Rule 6, Pleadings. (1) Within 30 days after receipt of notice of
docketing of the appeal, as provided in the last sentence of Rule 3,
theappellant shall file with the Board an original and two copies of a
complaint setting forth simple, concise and direct statements of each of
his claims,alleging the basis with appropriate reference to contract
provisions for each claim, and the dollar amount claimed. This pleading
shall fulfill thegenerally recognized requirements of a complaint,
although no particular form or formality is required. Upon receipt
thereof, the Recorder of the Boardshall serve a copy upon the
respondent. Should the complaint not be received within 30 days,
appellant's claim and appeal may, if in the opinion of theBoard the
issues before the Board are sufficiently defined, be deemed to set forth
his complaint and the respondent shall be so notified.
(2) Within 30 days from receipt of said complaint, or the aforesaid
notice from the Recorder of the Board, respondent shall prepare and file
with theBoard an original and two copies of an answer thereto, setting
forth simple, concise and direct statements of respondent's defenses to
each claim assertedby appellant. This pleading shall fulfill the
generally recognized requirements of an answer, and shall set forth any
affirmative defenses or counter-claims, as appropriate. Upon receipt
thereof, the Recorder shall serve a copy upon appellant. Should the
answer not be received within 30 days, the Boardmay, in its discretion,
enter a general denial on behalf of the Government, and the appellant
shall be so notified.
(h) Rule 7, Ammendments of pleadings or record. (1) The Board upon
its own initiative or upon application by a party may, in its
discretion,order a party to make a more definite statement of the
complaint or answer, or to reply to an answer.
(2) The Board may, in its discretion, and within the proper scope of
the appeal, permit either party to amend his pleading upon conditions
just to bothparties. When issues within the proper
[[Page 169]]
scope of the appeal, but not raised by the pleadings or the
documentation described in Rule 4, are tried byexpress or implied
consent of the parties, or by permission of the Board, they shall be
treated in all respects as if they had been raised therein. In
suchinstances motions to amend the pleadings to conform to the proof may
be entered, but are not required. If evidence is objected to at a
hearing on theground that it is not within the issues raised by the
pleadings or the rule 4 documentation (which shall be deemed part of the
pleadings for this purpose),it may be admitted within the proper scope
of the appeal, provided, however, that the objecting party may be
granted a continuance if necessary to enablehim to meet such evidence.
(i) Rule 8, Hearing--election. (1) Upon receipt of respondent's
answer or the notice referred to in the last sentence of Rule
6(b),appellant shall advise the Board whether he desires a hearing, as
prescribed in Rules 17 through 25, or whether in the alternative he
elects to submit hiscase on the record without a hearing, as prescribed
in Rule 11.
(2) In appropriate cases, the appellant shall also elect whether he
desires the optional accelerated procedure prescribed in Rule 12.
(j) Rule 9, Pre-hearing briefs. Based on an examination of the
documentation described in Rule 4, the pleadings and a determination of
whetherthe arguments and authorities addressed to the issues are
adequately set forth therein, the Board may in its discretion require
the parties to submit pre-hearing briefs in any case in which a hearing
has been elected pursuant to Rule 8. In the absence of a Board
requirement therefor, either party may in itsdiscretion, and upon
appropriate and sufficient notice to the other party, furnish a pre-
hearing brief to the Board. In any case where a pre-hearing briefis
submitted, it shall be furnished so as to be received by the Board at
least 15 days prior to the date set for hearing, and a copy shall
simultaneouslybe furnished to the other party as previously arranged.
(k) Rule 10, Pre-hearing or pre-submission conference. (1) When the
case is to be submitted pursuant to Rule 11, or heard pursuant to Rules
17through 25, the Board may, upon its own initiative or upon the
application of either party, call upon the parties to appear before an
Administrative Judgeof the Board for a conference to consider:
(i) The simplification or clarification of the issues;
(ii) The possibility of obtaining stipulations, admissions,
agreements on documents, understandings on matters already of record or
similar agreementswhich will avoid unnecessary proof;
(iii) The limitation of the number of expert witnesses, or avoidance
of similar cumulative evidence, if the case is to be heard;
(iv) The possibility of agreement disposing of all or any of the
issues in dispute;
(v) Such other matters as may aid in the disposition of the appeal.
(2) The results of the conference shall be reduced to writing by the
Administrative Judge in the presence of the parties, and this writing
shallthereafter constitute part of the record.
(l) Rule 11, Submission without a hearing. Although both parties are
entitled to a hearing under these rules, either party may elect to waive
ahearing and to submit his case upon the Board record as settled
pursuant to Rule 13. Such an election by one party shall not preclude
the other party fromrequesting and obtaining a hearing. Affidavits,
depositions, answers to interrogatories and stipulations may be employed
to supplement other documentaryevidence in the Board record. The Board
may permit such submission to be supplemented by oral arguments,
transcribed if requested, and by briefs arrangedin accordance with Rule
23.
(m) Rule 12, Optional accelerated procedure. (1) In appeals
involving $25,000 or less the appellant may elect to have the appeal
processed underthis rule. The election may be made in the notice of
appeal, the complaint or by separate correspondence. In the event of
such election the case will beassigned to a single Administrative Judge
who will make every effort to render his decision within 30 days of the
settlement of the record and withoutregard to the place of the appeal on
the docket. To
[[Page 170]]
assist in expediting decisions the parties should consider waiving
pleadings and submitting thecase on the record.
(2) In cases involving $5,000 or less where there is a hearing the
presiding Administrative Judge may in his discretion at the conclusion
of thehearing and after such oral argument as he deems appropriate
render oral summary findings of fact, conclusions and a decision on the
appeal. The Board willsubsequently furnish the parties a typed copy of
the decision for record and payment purposes and to establish the date
on which the period for filing amotion for reconsideration under Rule 29
commences.
(3) Except as herein modified, these rules otherwise apply in all
respects.
(n) Rule 13, Settling the record. (1) The record upon which a Board
decision is rendered shall consist of the pleadings, the appeal
filedescribed in Rule 4, pre-hearing orders, memoranda of pre-hearing
conferences and all evidence admitted by the Board both documentary and
oral as appearingin the transcript. The record shall at all reasonable
times be available for inspection by the parties at the office of the
Board.
(2) A case submitted on the record pursuant to Rule 11 shall be
ready for decision when the parties are so notified by the Board. A case
which is heardshall be ready for decision upon receipt of the transcript
or upon receipt of the briefs when briefs are to be submitted.
(3) The Board may in any case require either party, with appropriate
notice to the other party, to submit additional evidence on any matter
relevant tothe appeal. Except as the Board may otherwise order in its
discretion, no proof shall be received in evidence after completion of
an oral hearing or afternotification by the Board that the case is ready
for decision in cases submitted on the record.
(o) Rule 14, Discovery--depositions--(1) General policy. Parties may
obtain discovery regarding any matter, not privileged,which is relevant
to the subject matter involved in the appeal. The parties are encouraged
to engage in voluntary discovery procedures.
(2) When permitted. The Board may, upon timely motion filed by a
party after the answer has been filed, order the taking of the testimony
of anyperson by deposition upon oral examination or by written questions
for the purpose of discovery or for use as evidence or for both.
(3) Before who taken--time and place. Depositions shall be taken
before a person authorized to administer oaths at the place
ofexamination. The time, place and manner of taking depositions shall be
as mutually agreed by the parties or as set forth in the order of the
Board.
(4) Protective orders. The Board may in connection with the taking
of any deposition make any order which justice requires to protect a
partyfrom annoyance, embarrassment, oppression or undue burden or
expense.
(5) Use as evidence. No testimony taken by deposition shall be
considered as part of the evidence in the hearing of an appeal until it
is offeredand received as evidence at the hearing. It will not
ordinarily be received in evidence if the deponent is present and can
testify personally at thehearing. In such cases, however, the deposition
may be used to contradict or impeach testimony of the witness given at
the hearing. In cases submitted onthe record the Board may in its
discretion receive depositions as evidence.
(6) Expenses. Each party shall bear its own expenses associated with
taking of any deposition.
(p) Rule 15, Interrogatories; inspection of documents; admission of
facts. (1) The Board may upon a timely motion filed by either party
after thefiling of the answer permit a party to serve written
interrogatories upon the opposing party, order a party to produce and
permit inspection and copying orphotographing of designated documents or
permit the service on a party of a request for the admission of facts.
The Board in its order shall establish thedate for responding to the
motion.
(2) The Board may issue protective orders as in the case of
depositions.
(q) Rule 16, Service of papers. Service of papers in all proceedings
pending before the Board may be made personally, or by mailing the same
in asealed envelope, registered, or certified, postage prepaid,
addressed to the party upon whom service shall be made and the date of
delivery as shown byreturn
[[Page 171]]
receipt shall be the date of service. Waiver of the service of any
papers may be noted thereon or on a copy thereof or on a separate
paper,signed by the parties and filed with the Board.
(r) Rule 17, Hearings--Where and when held. Hearings will ordinarily
be held in Washington, D.C., except that, upon request reasonably
madeand upon good cause shown, the Board may in its discretion set the
hearing at another location. Hearings will be scheduled at the
discretion of the Boardwith due consideration to the regular order of
appeals and other pertinent factors. On request or motion by either
party and upon good cause shown, theBoard may in its discretion advance
a hearing.
(s) Rule 18, Notice of hearings. The parties shall be given at least
15 days notice of the time and place set for hearings. In
schedulinghearings, the Board will give due regard to the desires of the
parties, and to the requirement for just and inexpensive determination
of appeals withoutunnecessary delay. Notices of hearings shall be
promptly acknowledged by the parties.
(t) Rule 19, Unexcused absence of a party. The unexcused absence of
a party at the time and place set for hearing will not be occasion for
delay.In the event of such absence, the hearing will proceed and the
case will be regarded as submitted by the absent party as provided in
Rule 11.
(u) Rule 20, Nature of hearings. Hearings shall be as informal as
may be reasonable and appropriate under the circumstances. Appellant
andrespondent may offer at a hearing on the merits such relevant
evidence as they deem appropriate and as would be admissible under the
generally acceptedrules of evidence applied in the courts of the United
States in nonjury trials, subject, however, to the sound discretion of
the presiding AdministrativeJudge in supervising the extent and manner
of presentation of such evidence. In general, admissibility will hinge
on relevancy and materiality. Letters orcopies thereof, affidavits and
other evidence not ordinarily admissible under the generally accepted
rules of evidence may be admitted in the discretion ofthe presiding
Administrative Judge. The weight to be attached to evidence presented in
any particular form will be within the discretion of the Board,taking
into consideration all the circumstances of the particular case.
Stipulations of fact agreed upon by the parties may be regarded and used
asevidence at the hearing. The parties may stipulate the testimony that
would be given by a witness if the witness were present. The Board may
in any caserequire evidence in addition to that offered by the parties.
(v) Rule 21, Examination of witnesses. Witnesses before the Board
will be examined orally under oath or affirmation, unless the facts
arestipulated or the presiding administrative Judge shall otherwise
order. If the testimony of a witness is not given under oath the Board
may, if it seemsexpedient, warn the witness that his statements may be
subject to the provisions of title 18, United States Code, sections 287
and 1001 and any otherprovisions of law imposing penalties for knowingly
making false representations in connection with claims against the
United States or in any matter withinthe jurisdiction of any department
or agency thereof.
(w) Rule 22, Copies of papers. When books, records, papers or
documents have been received in evidence, a true copy thereof or of such
partthereof as may be material or relevant may be substituted therefor,
during the hearing or at the conclusion thereof.
(x) Rule 23, Post hearing briefs--(1) General. Briefs must be
compact, concise, logically arranged and free from
burdensome,irrelevant, immaterial and scandalous matter. Briefs not
complying with this rule may be disregarded by the Board.
(2) Time of submittal. Briefs, including reply briefs, shall be
submitted at such times and upon such terms as may be agreed to by the
partiesand the presiding Administrative Judge at the conclusion of the
hearing.
(3) Length of briefs. Except by permission of the Board on motion,
principal briefs shall not exceed 100 8\1/2\ by 11
pagestypewritten double space exclusive of any table of contents and
table of statutes, regulations and cases cited. Reply briefs shall not
exceed 20 suchpages.
(y) Rule 24, Transcript of proceedings. Testimony and argument at
hearings
[[Page 172]]
shall be reported verbatim, unless the Board otherwise
orders.Transcripts of the proceedings shall be supplied to the parties
at such rates as may be fixed by contract between the Board and the
reporter. If theproceedings are reported by an employee of the
Government, the appellant may receive transcripts upon payment to the
Government at the same rates as thoseset by contract between the Board
and the independent reporter.
(z) Rule 25, Withdrawal of exhibits. After a decision has become
final the Board may, upon request and after notice to the other party,
in itsdiscretion permit the withdrawal of original exhibits, or any part
thereof, by the party entitled thereto. The substitution of true copies
of exhibits orany part thereof may be required by the Board in its
discretion as a condition of granting permission for such withdrawal.
(aa) Rule 26, Representation--The appellant. An individual appellant
may appear before the Board in person, a corporation by an
officerthereof, a partnership or joint venture by a member thereof, or
any of these by an attorney at law duly licensed in any state,
Commonwealth, Territory orin the District of Columbia.
(bb) Rule 27, Representation--The respondent. Government counsel
shall be designated to represent the interests of the Government
beforethe Board. They shall file notice of appearance with the Board,
and notice thereof will be given appellant or his attorney in the form
specified by theBoard from time to time. Whenever at any time it appears
that appellant and Government counsel are in agreement as to disposition
of the controversy, theBoard may suspend further processing of the
appeal in order to permit reconsideration by the contracting officer:
Provided, however, That if theBoard is advised thereafter by either
party that the controversy has not been disposed of by agreement, the
case shall be restored to the Board's calendarwithout loss of position.
(cc) Rule 28, Decisions. Decisions of the Board will be made in
writing and authenticated copies thereof will be forwarded
simultaneously to bothparties. The rules of the Board and all final
orders and decisions (except those required for good cause to be held
confidential and not cited asprecedents) shall be open for public
inspection at the offices of the Board in Washington, D.C.
(dd) Rule 29, Motions for reconsideration. A motion for
reconsideration, if filed by either party, shall set forth specifically
the ground orgrounds relied upon to sustain the motion, and shall be
filed within 30 days from the date of the receipt of a copy of the
decision of the Board by theparty filing the motion.
(ee) Rule 30, Dismissal without prejudice. In certain cases, appeals
docketed before the Board are required to be placed in a suspense status
andthe Board is unable to proceed with disposition thereof for reasons
not within the control of the Board. In any such case where the
suspension hascontinued, or it appears that it will continue, for an
inordinate length of time, the Board may in its discretion dismiss such
appeals from its docketwithout prejudice to their restoration when the
cause of suspension has been removed.
(ff) Rule 31, Dismissal for failure to prosecute. Whenever a record
discloses the failure of the appellant to file documents required by
theserules, respond to notice or correspondence from the Board, comply
with orders of the Board or otherwise to indicate an intention to
continue theprosecution of an appeal filed, the Board may issue an order
requiring appellant to show cause within thirty days why the appeal
should not be dismissedfor lack of prosecution. If the appellant shall
fail to show such cause, the appeal may be dismissed with prejudice.
(gg) Rule 32, Ex Parte communications. No Administrative Judge or
member of the Board's staff shall entertain, nor shall any person
directly orindirectly involved in an appeal submit to the Board or the
Board's staff, off the record, any evidence, explanation, analysis or
advice, whether writtenor oral, regarding any matter at issue in an
appeal. This provision does not apply to consultation among Board
members nor to ex parte communicationsconcerning the Board's
administrative functions or procedures.
[[Page 173]]
(hh) Rule 33, Effective date and applicability. These revised rules
shall take effect on January 14, 1975. They govern all proceedings
inappeals after they take effect and also all further proceedings in
appeals then pending, except to the extent that in the opinion of the
Board, theirapplication in a particular appeal pending when the Rules
take effect would not be feasible or would work an injustice, in which
event the former procedureapplies.
[Regs., Jan. 7, 1975, DAEN]
[40 FR 2582, Jan. 14, 1975, as amended at 45 FR 19202, Mar. 24, 1980]
Sec. 210.5 Rules of the Corps of Engineers Board of Contract Appeals for cases subject to the Contract Disputes Act of 1978.
(a) Preface to rules--(1) Jurisdiction for considering appeals. The
Corps of Engineers Board of Contract Appeals (referred to hereinas the
``Board'') shall consider and determine appeals from decisions of
contracting officers pursuant to the Contract Disputes Act of 1978(Pub.
L. 95-563, 41 U.S.C. 601-613) relating to: (i) Civil Works Contracts of
the Corps of Engineers, (ii) contracts made by any otherexecutive agency
when such agency or the Administrator for Federal Procurement Policy has
designated the Board to decide the appeal, or (iii) with theapproval of
the Chief of Engineers, contracts made by any other agency when such
agency has designated the Board to decide the appeal.
(2) Location and organization of the Board. (i) The Board's address
is Room 4108, Pulaski Building, 20 Massachusetts Avenue, NW.,
Washington, DC20314, telephone (202) 272-0369.
(ii) The Board consists of a chairman, vice chairman, and other
members, all of whom are attorneys at law duly licensed by a state,
commonwealth,territory, or the District of Columbia. In general, the
appeals are assigned to a panel of at least three members who decide the
case by a majority vote.Board members are designated Administrative
Judges.
(3) Applicability of the Contract Disputes Act of 1978. (i) If a
contract with an executive agency was awarded before 1 March 1979, and
if thecontracting officer's final decision was issued 1 March 1979 or
thereafter, the contractor may elect to proceed under the Contract
Disputes Act of 1978.
(ii) If a contract with an executive agency was awarded on 1 March
1979 or thereafter, the Contract Disputes Act is automatically
applicable.
(iii) All other appeals are not subject to the Contract Disputes Act
of 1978 and are controlled by the Board's rules published 14 January
1975 (33 CFR210.4).
(iv) If the Contract Disputes Act is applicable to the appeal, the
contractor can elect an accelerated procedure if the disputed amount is
$50,000 orless. If the disputed amount is $10,000 or less the contractor
has a further right to elect a small claims (expedited) procedure. Both
of these proceduresare described in Rule 12. Particular note should be
made of the 180 day limit on processing accelerated procedure cases and
the 120 day limit on processingsmall claims (expedited) procedure cases.
(4) General guidelines. (i) Emphasis is placed upon the sound
administration of these rules in specific cases, because it is
impracticable toarticulate a rule to fit every possible circumstance
which may be encountered. These rules will be interpreted so as to
secure a just and inexpensivedetermination of appeals without
unnecessary delay.
(ii) Preliminary procedures are available to encourage full
disclosure of relevant and material facts, and to discourage unwarranted
surprise. Theparties are expected to cooperate and to voluntarily comply
with the intent of such procedures without resort to the Board except on
controversialquestions. The Board expects the parties to exchange
complicated exhibits prior to hearing in order to expedite the hearing.
(iii) Whenever reference is made to contractor, appellant,
contracting officer, respondent, and parties, this shall include
respective counsel for theparties as soon as appropriate notices of
appearance have been filed with the Board.
(b) Rule 1, Appeals, how taken. (1) Notice of an appeal shall be in
writing and mailed or otherwise furnished to the Board within 90 days
fromthe date of
[[Page 174]]
receipt of a contracting officer's decision. A copy thereof shall be
furnished to the contracting officer from whose decision the appealis
taken.
(2) Where the contractor has submitted a claim of $50,000 or less to
the contracting officer and has requested a written decision within 60
days fromreceipt of the request, and the contracting officer has not
done so, the contractor may file a notice of appeal as provided in
paragraph (b)(1) of thissection, citing the failure of the contracting
officer to issue a decision.
(3) Where the contractor has submitted a claim to the contracting
officer and the contracting officer has failed to issue a decision
within areasonable time, the contractor may file a notice of appeal as
provided in paragraph (b)(1) of this section, citing the failure to
issue a decision.
(4) Upon docketing of appeals filed pursuant to paragraph (b)(2) or
(3) of this section, the Board may, at its option, stay further
proceedings pendingissuance of a final decision by the contracting
officer within such period of time as is determined by the Board.
(5) In lieu of filing a notice of appeal under paragraph (b)(2) or
(3) of this section, the contractor may request the Board to direct the
contractingofficer to issue a decision in a specified period of time, as
determined by the Board, in the event of undue delay on the part of the
contracting officer.
(c) Rule 2, Notice of appeal, contents of. A notice of appeal should
indicate that an appeal is being taken and should identify the contract
(bynumber), the agency involved in the dispute, the decision from which
the appeal is taken, and the amount in dispute, if known. The notice of
appeal shouldbe signed personally by the appellant (the contractor
taking the appeal), or by the appellant's duly authorized representative
or attorney. The complaintreferred to in Rule 6 may be filed with the
notice of appeal, or the appellant may designate the notice of appeal as
a complaint, if it otherwise fulfillsthe requirements of a complaint.
(d) Rule 3, Docketing of appeals. When a notice of appeal in any
form has been received by the Board, it shall be docketed promptly.
Notice inwriting shall be given to the appellant with a copy of these
rules, and to the contracting officer.
(e) Rule 4, Preparation, content, organization, forwarding, and
status of appeal file--(1) Duties of Contracting Officer. Within 30days
of receipt of an appeal, or notice that an appeal has been filed, the
contracting officer shall assemble and transmit to the Board an appeal
fileconsisting of all documents pertinent to the appeal, including:
(i) The decision from which the appeal is taken;
(ii) The contract including specifications and pertinent amendments,
plans and drawings;
(iii) All correspondence between the parties relevant to the appeal,
including the letter or letters of claim in response to which the
decision wasissued;
(iv) Transcripts of any testimony taken during the course of
proceedings, and affidavits or statements of any witnesses on the matter
in dispute madeprior to the filing of the notice of appeal with the
Board; and
(v) Any additional information considered relevant to the appeal.
Within the same time above specified the contracting officer shall
furnish the appellant a copy of each document he transmits to the Board,
exceptthose in paragraph (e)(1)(ii) of this section. As to the latter, a
list furnished appellant indicating specific contractual documents
transmitted willsuffice.
(2) Duties of the appellant. Within 30 days after receipt of a copy
of the appeal file assembled by the contracting officer, the appellant
shalltransmit to the Board any documents not contained therein which he
considers relevant to the appeal, and furnish two copies of such
documents to thegovernment trial attorney.
(3) Organization of appeal file. Documents in the appeal file may be
originals or legible facsimiles or authenticated copies, and shall
bearranged in chronological order where practicable, numbered
sequentially, tabbed, and indexed to identify the contents of the file.
(4) Lengthy documents. Upon request by either party, the Board may
waive the requirement to furnish to the other party copies of bulky,
lengthy,or out-of-size documents in the appeal file
[[Page 175]]
when inclusion would be burdensome. At the time a party files with the
Board a document as to which such awaiver has been granted he shall
notify the other party that the document or a copy is available for
inspection at the offices of the Board or of the partyfiling same.
(5) Status of documents in appeal file. Documents contained in the
appeal file are considered, without further action by the parties, as
part ofthe record upon which the Board will render its decision.
However, a party may object, for reasons stated, to consideration of a
particular document ordocuments reasonably in advance of hearing or, if
there is no hearing, of settling the record. If such objection is made
the Board shall remove thedocument or documents from the appeal file and
permit the party offering the document to move its admission as evidence
in accordance with Rules 13 and 20.
(6) Notwithstanding the foregoing, the filing of the Rule 4 (1) and
(2) documents may be dispensed with by the Board either upon request of
theappellant in his notice of appeal or thereafter upon stipulation of
the parties.
(f) Rule 5, Motions. (1) Any motion addressed to the jurisdiction of
the Board shall be promptly filed. Hearing on the motion shall be
affordedon application of either party. However, the Board may defer its
decision on the motion pending hearing on both the merits and the
motion. The Board shallhave the right at any time and on its own
initiative to raise the issue of its jurisdiction to proceed with a
particular case, and shall do so by anappropriate order, affording the
parties an opportunity to be heard thereon.
(2) The Board may entertain and rule upon other appropriate motions.
(g) Rule 6, Pleadings--(1) Appellant. Within 30 days after receipt
of notice of docketing of the appeal, the appellant shall filewith the
Board an original and two copies of a complaint setting forth simple,
concise and direct statements of each of its claims. Appellant shall
alsoset forth the basis, with appropriate reference to contract
provisions, of each claim and the dollar amount claimed, to the extent
known. This pleadingshall fulfill the generally recognized requirements
of a complaint, although no particular form is required. Upon receipt of
the complaint, the Board shallserve a copy of it upon the Government.
Should the complaint not be received within 30 days, appellant's claim
and appeal may, if in the opinion of theBoard the issues before the
Board are sufficiently defined, be deemed to set forth its complaint and
the Government shall be so notified.
(2) Government. Within 30 days from receipt of the complaint, or the
aforesaid notice from the Board, the Government shall prepare and file
withthe Board an original and two copies of an answer thereto. The
answer shall set forth simple, concise and direct statements of
Government's defenses toeach claim asserted by appellant, including any
affirmative defenses available. Upon receipt of the answer, the Board
shall serve a copy upon appellant.Should the answer not be received
within 30 days, the Board may, in its discretion, enter a general denial
on behalf of the Government, and the appellantshall be so notified.
(h) Rule 7, Amendments of pleadings or record. The Board upon its
own initiative or upon application by a party may order a party to make
a moredefinite statement of the complaint or answer, or to reply to an
answer. The Board may, in its discretion, and within the proper scope of
the appeal,permit either party to amend its pleading upon conditions
fair to both parties. When issues within the proper scope of the appeal,
but not raised by thepleadings, are tried by express or implied consent
of the parties, or by permission of the Board, they shall be treated in
all respects as if they had beenraised therein. In such instances,
motions to amend the pleadings to conform to the proof may be entered,
but are not required. If evidence is objected toat a hearing on the
ground that it is not within the issues raised by the pleadings, it may
be admitted within the proper scope of the appeal, provided,however,
that the objecting party may be granted a continuance if necessary to
enable it to meet such evidence.
(i) Rule 8, Hearing election. After filing of the Government's
answer or notice from the Board that it has entered
[[Page 176]]
a general denial onbehalf of the Government, each party shall advise
whether it desires a hearing as prescribed in Rules 17 through 25, or
whether it elects to submit itscase on the record without a hearing, as
prescribed in Rule 11.
(j) Rule 9, Prehearing briefs. Based on an examination of the
pleadings, and its determination of whether the arguments and
authorities addressedto the issues are adequately set forth therein, the
Board may, in its discretion, require the parties to submit prehearing
briefs in any case in which ahearing has been elected pursuant to Rule
8. If the Board does not require prehearing briefs either party may, in
its discretion and upon appropriate andsufficient notice to the other
party, furnish a prehearing brief to the Board. In any case where a
prehearing brief is submitted, it shall be furnished soas to be received
by the Board at least 15 days prior to the date set for hearing, and a
copy shall simultaneously be furnished to the other party aspreviously
arranged.
(k) Rule 10, Prehearing or presubmission conference. (1) Whether the
case is to be submitted pursuant to Rule 11, or heard pursuant to Rules
17through 25, the Board may upon its own initiative, or upon the
application of either party, arrange a telephone conference or call upon
the parties toappear before an administrative judge or examiner of the
Board for a conference to consider:
(i) Simplification, clarification, or severing of the issues;
(ii) The possibility of obtaining stipulations, admissions,
agreements and rulings on admissibility of documents, understandings on
matters already ofrecord, or similar agreements that will avoid
unnecessary proof;
(iii) Agreements and rulings to facilitate discovery;
(iv) Limitation of the number of expert witnesses, or avoidance of
similar cumulative evidence;
(v) The possibility of agreement disposing of any or all of the
issues in dispute; and
(vi) Such other matters as may aid in the disposition of the appeal.
(2) The administrative judge or examiner of the Board shall make
such rulings and orders as may be appropriate to aid in the disposition
of the appeal.The results of pre-trial conferences, including any
rulings and orders, shall be reduced to writing by the administrative
judge or examiner and thiswriting shall thereafter constitute a part of
the record.
(l) Rule 11, Submission without a hearing. Either party may elect to
waive a hearing and to submit its case upon the record before the Board,
assettled pursuant to Rule 13. Submission of a case without hearing does
not relieve the parties from the necessity of proving the facts
supporting theirallegations or defenses. Affidavits, depositions,
admissions, answers to interrogatories, and stipulations may be employed
to supplement other documentaryevidence in the Board record. The Board
may permit such submissions to be supplemented by oral argument
(transcribed if requested), and by briefs arrangedin accordance with
Rule 23.
(m) Rule 12, Optional SMALL CLAIMS (EXPEDITED) and ACCELERATED
procedures. These procedures are available solely at the election of
theappellant.
(1) Sub-Rule 12.1 Elections to utilize SMALL CLAIMS (EXPEDITED) and
ACCELERATED procedures. (i) In appeals where the amount in dispute is
$10,000or less, the appellant may elect to have the appeal processed
under a SMALL CLAIMS (EXPEDITED) procedure requiring decision of the
appeal, wheneverpossible, within 120 days after the Board receives
written notice of the appellant's election to utilize this procedure.
The details of this procedureappear in sub-Rule 12.2 of this Rule. An
appellant may elect the ACCELERATED procedure rather than the SMALL
CLAIMS (EXPEDITED) procedure for any appealeligible for the SMALL CLAIMS
(EXPEDITED) procedure.
(ii) In appeals where the amount in dispute is $50,000 or less, the
appellant may elect to have the appeal processed under an ACCELERATED
procedurerequiring decision of the appeal, whenever possible, within 180
days after the Board receives written notice of the appellant's election
to utilize thisprocedure. The details of this procedure appear in sub-
Rule 12.3 of this Rule.
[[Page 177]]
(iii) The appellant's election of either the SMALL CLAIMS
(EXPEDITED) procedure or the ACCELERATED procedure may be made by
written notice within60 days after receipt of notice of docketing,
unless such period is extended by the Board for good cause. The election
may not be withdrawn except withpermission of the Board and for good
cause.
(2) Sub-Rule 12.2, The SMALL CLAIMS (EXPEDITED) procedure. (i) In
cases proceeding under the SMALL CLAIMS (EXPEDITED) procedure, the
followingtime periods shall apply:
(A) Within 10 days from the Government's first receipt from either
the appellant or the Board of a copy of the appellant's notice of
election of theSMALL CLAIMS (EXPEDITED) procedure, the Government shall
send the Board a copy of the contract, the contracting officer's final
decision, and theappellant's claim letter or letters, if any; remaining
documents required under Rule 4 shall be submitted in accordance with
times specified in that ruleunless the Board otherwise directs;
(B) Within 15 days after the Board has acknowledged receipt of
appellant's notice of election, the assigned administrative judge shall
take thefollowing actions, if feasible, in an informal meeting or a
telephone conference with both parties: (1) Identify and simplify the
issues; (2)establish a simplified procedure appropriate to the
particular appeal involved; (3) determine whether either party wants a
hearing, and if so, fix atime and place therefor; (4) require the
Government to furnish all the additional documents relevant to the
appeal; and (5) establish anexpedited schedule for resolution of the
appeal.
(ii) Pleadings, discovery, and other prehearing activity will be
allowed only as consistent with the requirement to conduct the hearing
on the datescheduled, or if no hearing is scheduled, to close the record
on a date that will allow decisions within the 120-day limit. The Board,
in its discretion,may impose shortened time periods for any actions
prescribed or allowed under these rules, as necessary to enable the
Board to decide the appeal within the120-day limit, allowing whatever
time, up to 30 days, that the Board considers necessary for the
preparation of the decision after closing the record andthe filing of
briefs, if any.
(iii) Written decision by the Board in cases processed under the
SMALL CLAIMS (EXPEDITED) procedure will be short and contain only
summary findings offact and conclusions. Decisions will be rendered for
the Board by a single administrative judge. If there has been a hearing,
the administrative judgepresiding at the hearing may, in the judge's
discretion, at the conclusion of the hearing and after entertaining such
oral arguments as deemed appropriate,render on the record oral summary
findings of fact, conclusions, and a decision of the appeal. Whenever
such an oral decision is rendered, the Board willsubsequently furnish
the parties a typed copy of such oral decision for record and payment
purposes and to establish the starting date for the period forfiling a
motion for reconsideration under Rule 29.
(iv) A decision against the Government or the contractor shall have
no value as precedent, and in the absence of fraud shall be final and
conclusiveand may not be appealed or set aside.
(3) Sub-Rule 12.3, The ACCELERATED procedure. (i) In cases
proceeding under the ACCELERATED procedure, the parties are encouraged,
to the extentpossible consistent with adequate presentation of their
factual and legal positions, to waive pleadings, discovery, and briefs.
The Board, in itsdiscretion, may shorten time periods prescribed or
allowed elsewhere in these Rules, including Rule 4, as necessary to
enable the Board to decide theappeal within 180 days after the Board has
received the appellant's notice of election of the ACCELERATED
procedure, and may reserve 30 days forpreparation of the decision.
(ii) Written decisions by the Board in cases processed under the
Accelerated procedure will normally be short and contain only summary
findings of factand conclusions. Decisions will be rendered for the
Board by a single Administrative Judge with the concurrence of the
Chairman or the Vice Chairman orother designated Administrative Judge,
or by a majority among these
[[Page 178]]
two and an additional designated member in case of desagreement.
Alternatively, incases where the amount in dispute is $10,000 or less as
to which the Accelerated procedure has been elected and in which there
has been a hearing, thesingle Administrative Judge presiding at the
hearing may, with the concurrence of both parties, at the conclusion of
the hearing and after entertainingsuch oral arguments as he deems
appropriate, render on the record oral summary findings of fact,
conclusions, and a decision of the appeal. Whenever suchan oral decision
is rendered, the Board will subsequently furnish the parties a typed
copy of such oral decision for record and payment purposes and
toestablish the date of commencement of the period for filing a motion
for reconsideration under Rule 29.
(4) Sub-Rule 12.4, Motions for reconsideration in Rule 12 Cases.
Motions for Reconsideration of cases decided under either the SMALL
CLAIMS(EXPEDITED) procedure or the ACCELERATED procedure need not be
decided within the original 120-day or 180-day limit, but all such
motions shall beprocessed and decided rapidly so as to fulfill the
intent of this Rule.
(n) Rule 13, Settling the record. (1) The record upon which the
Board's decision will be rendered consists of the documents furnished
under Rules4 and 12, to the extent admitted in evidence, and the
following items, if any: pleadings, prehearing conference memoranda or
orders, prehearing briefs,depositions or interrogatories received in
evidence, admissions, stipulations, transcripts of conferences and
hearings, hearing exhibits, post-hearingbriefs, and documents which the
Board has specifically designated be made a part of the record. The
record will, at all reasonable times, be available forinspection by the
parties at the office of the Board.
(2) Except as the Board may otherwise order in its discretion, no
proof shall be received in evidence after completion of an oral hearing
or, in casessubmitted on the record, after notification by the Board
that the case is ready for decision.
(3) The weight to be attached to any evidence of record will rest
within the sound discretion of the Board. The Board may in any case
require eitherparty, with appropriate notice to the other party, to
submit additional evidence on any matter relevant to the appeal.
(o) Rule 14, Discovery--depositions--(1) General policy and
protective orders. The parties are encouraged to engage involuntary
discovery procedures. In connection with any deposition or other
discovery procedure, the Board may make any order required to protect a
party orperson from annoyance, embarrassment, or undue burden or
expense. Those orders may include limitations on the scope, method, time
and place for discovery,and provisions for protecting the secrecy of
confidential information or documents.
(2) When depositions permitted. After an appeal has been docketed
and complaint filed, the parties may mutually agree to, or the Board
may, uponapplication of either party, order the taking of testimony of
any person by deposition upon oral examination or written
interrogatories before any officerauthorized to administer oaths at the
place of examination, for use as evidence or for purpose of discovery.
The application for order shall specifywhether the purpose of the
deposition is discovery or for use as evidence.
(3) Orders on depositions. The time, place, and manner of taking
depositions shall be as mutually agreed by the parties, or failing
suchagreement, governed by order of the Board.
(4) Use as evidence. No testimony taken by depositions shall be
considered as part of the evidence in the hearing of an appeal until
suchtestimony is offered and received in evidence at such hearing. It
will not ordinarily be received in evidence if the deponent is present
and can testify atthe hearing. In such instances, however, the
deposition may be used to contradict or impeach the testimony of the
deponent given at the hearing. In casessubmitted on the record, the
Board may, in its discretion, receive depositions to supplement the
record.
(5) Expenses. Each party shall bear its own expenses associated with
the taking of any deposition.
(6) Subpoenas. Where appropriate, a party may request the issuance
of a
[[Page 179]]
subpoena under the provisions of Rule 21.
(p) Rule 15, Interrogatories to parties, admission of facts, and
production and inspection of documents. After an appeal has been
docketed andcomplaint filed with the Board, a party may serve on the
other party: (1) Written interrogatories to be answered separately in
writing, signed under oathand answered or objected to within 30 days
after service; (2) a request for the admission of specified facts and/or
the authenticity of any documents, tobe answered or objected to within
30 days after service; the factual statements and the authenticity of
the documents to be deemed admitted upon failure ofa party to respond to
the request; and (3) a request for the production, inspection and
copying of any documents or objects not privileged, whichreasonably may
lead to the discovery of admissible evidence, to be answered or objected
to within 30 days after service. Any discovery engaged in underthis Rule
shall be subject to the provisions of Rule 14(1) with respect to general
policy and protective orders, and of Rule 35 with respect to sanctions.
(q) Rule 16, Service of papers other than subpoenas. Papers shall be
served personally or by mail, addressed to the party upon whom service
is tobe made. Copies of complaints, answers and briefs shall be filed
directly with the Board. The party filing any other paper with the Board
shall send a copythereof to the opposing party, noting on the paper
filed with the Board that a copy has been so furnished. Subpoenas shall
be served as provided in Rule21.
(r) Rule 17, Hearings: Where and when held. Hearings will be held at
such places determined by the Board to best serve the interests of
theparties and the Board. Hearings will be scheduled at the discretion
of the Board with due consideration to the regular order of appeals,
Rule 12requirements, and other pertinent factors. On request or motion
by either party and for good cause, the Board may, in its discretion,
adjust the date of ahearing.
(s) Rule 18, Notice of hearings. The parties shall be given at least
15 days notice of the time and place set for hearings. In
schedulinghearings, the Board will consider the desires of the parties
and the requirements for just and inexpensive determination of appeals
without unnecessarydelay. Notices of hearings shall be promptly
acknowledged by the parties.
(t) Rule 19, Unexcused absence of a party. The unexcused absence of
a party at the time and place set for hearing will not be occasion for
delay.In the event of such absence, the hearing will proceed and the
case will be regarded as submitted by the absent party as provided in
Rule 11.
(u) Rule 20, Hearings: Nature, examination of witnesses--(1) Nature
of hearings. Hearings shall be as informal as may be reasonableand
appropriate under the circumstances. Appellant and the Government may
offer such evidence as they deem appropriate and as would be admissible
under theFederal Rules of Evidence or in the sound discretion of the
presiding administrative judge or examiner. Stipulations of fact agreed
upon by the parties maybe regarded and used as evidence at the hearing.
The parties may stipulate the testimony that would be given by a witness
if the witness were present. TheBoard may require evidence in addition
to that offered by the parties.
(2) Examination of witnesses. Witnesses before the Board will be
examined orally under oath or affirmation, unless the presiding
administrativejudge or examiner shall otherwise order. If the testimony
of a witness is not given under oath, the Board may advise the witness
that his statements may besubject to the provisions of title 18, United
States Code, sections 287 and 1001, and any other provision of law
imposing penalties for knowingly makingfalse representations in
connection with claims against the United States or in any matter within
the jurisdiction of any department or agency thereof.
(v) Rule 21, Subpoenas--(1) General. Upon written request of either
party filed with the recorder, or on his own initiative,
theadministrative judge to whom a case is assigned or who is otherwise
designated by the chairman may issue a subpoena requiring:
(i) Testimony at a deposition. The deposing of a witness in the city
or county where he resides or is employed or transacts his business
inperson, or at
[[Page 180]]
another location convenient for him that is specifically determined by
the Board;
(ii) Testimony at a hearing. The attendance of a witness for the
purpose of taking testimony at a hearing; and
(iii) Production of books and papers. In addition to paragraph
(v)(1) (i) or (ii) of this section, the production by the witness at
thedeposition or hearing of books and papers designated in the subpoena
(2) Voluntary cooperation. Each party is expected: (i) To cooperate
and make available witnesses and evidence under its control as requested
bythe other party, without issuance of a subpoena, and (ii) to secure
voluntary attendance of desired third-party witnesses and production of
desired third-party books, papers, documents, or tangible things
whenever possible.
(3) Requests for subpoenas. (i) A request for subpoena shall
normally be filed at least:
(A) 15 days before a scheduled deposition where the attendance of a
witness at a deposition is sought;
(B) 30 days before a scheduled hearing where the attendance of a
witness at a hearing is sought.
In its discretion the Board may honor requests for subpoenas not made
within these time limitations.
(ii) A request for a subpoena shall state the reasonable scope and
general relevance to the case of the testimony and of any books and
papers sought.
(4) Requests to quash or modify. Upon written request by the person
subpoenaed or by a party, made within 10 days after service but in any
eventnot later than the time specified in the subpoena for compliance,
the Board may: (i) Quash or modify the subpoena if it is unreasonable
and oppressive orfor other good cause shown, or (ii) require the person
in whose behalf the subpoena was issued to advance the reasonable cost
of producing subpoenaed booksand papers. Where ciurcumstances require,
the Board may act upon such a request at any time after a copy has been
served upon the opposing party.
(5) Form; issuance. (i) Every subpoena shall state the name of the
Board and the title of the appeal, and shall command each person to whom
it isdirected to attend and give testimony, and if appropriate, to
produce specified books and papers at a time and place therein
specified. In issuing asubpoena to a requesting party, the
administrative judge shall sign the subpoena and may, in his discretion,
enter the name of the witness and otherwiseleave it blank. The party to
whom the subpoena is issued shall complete the subpoena before service.
(ii) Where the witness is located in a foreign country, a letter
rogatory or subpoena may be issued and served under the circumstances
and in themanner provided in 28 U.S.C. 1781-1784.
(6) Service. (i) The party requesting issuance of a subpoena shall
arrange for service.
(ii) A subpoena requiring the attendance of a witness at a
deposition or hearing may be served at any place. A subpoena may be
served by a UnitedStates marshal or deputy marshal, or by any other
person who is not a party and not less than 18 years of age. Service of
a subpoena upon a person namedtherein shall be made by personally
delivering a copy to that person and tendering the fees for one day's
attendance and the mileage provided by 28 U.S.C1821 or other applicable
law; however, where the subpoena is issued on behalf of the Government,
money payments need not be tendered in advance ofattendance.
(iii) The party at whose instance a subpoena is issued shall be
responsible for the payment of fees and mileage of the witness and of
the officer whoserves the subpoena. The failure to make payment of such
charges on demand may be deemed by the Board as a sufficient ground for
striking the testimony ofthe witness and the books or papers the witness
has produced.
(7) Contumacy or refusal to obey a subpoena. In case of contumacy or
refusal to obey a subpoena by a person who resides, is found, or
transactsbusiness within the jurisdiction of a United States District
Court, the Board will apply to the Court through the Attorney General of
the United States foran order requiring the person to appear before the
Board or a member thereof to give testimony or produce evidence or both.
Any failure of any such personto obey the order of the Court may be
[[Page 181]]
punished by the Court as a contempt thereof.
(w) Rule 22, Copies of papers. When books, records, papers, or
documents have been received in evidence, a true copy thereof or of such
partthereof as may be material or relevant may be substituted therefor,
during the hearing or at the conclusion thereof.
(x) Rule 23, Post-hearing briefs. Post-hearing briefs may be
submitted upon such terms as may be directed by the presiding
administrative judgeor examiner at the conclusion of the hearing.
(y) Rule 24, Transcript of proceedings. Testimony and argument at
hearings shall be reported verbatim, unless the Board otherwise orders.
Waiverof transcript may be especially suitable for hearings under sub-
rule 12.2. Transcripts or copies of the proceedings shall be supplied to
the parties at theactual cost of duplication.
(z) Rule 25, Withdrawal of exhibits. After a decision has become
final the Board may, upon request and after notice to the other party,
in itsdiscretion permit the withdrawal of original exhibits, or any part
thereof, by the party entitled thereto. The substitution of true copies
of exhibits orany part thereof may be required by the Board in its
descretion as a condition of granting permission for such withdrawal.
(aa) Rule 26, Representation: The Appellant. An individual appellant
may appear before the Board in person, a corporation by one of its
officers;and a partnership or joint venture by one of its members; or
any of these by an attorney at law duly licensed in any state,
commonwealth, territory, theDistrict of Columbia, or in a foreign
country. An attorney representing an appellant shall file a written
notice of appearance with the Board.
(bb) Rule 27, Representation: The Government. Government counsel
may, in accordance with their authority, represent the interest of
theGovernment before the Board. They shall file notices of appearance
with the Board, and notice thereof will be given appellant or
appellant's attorney inthe form specified by the Board from time of
time.
(cc) Rule 28, Decisions. Decisions of the Board will be made in
writing and authenticated copies of the decision will be forwarded
simultaneouslyto both parties. The rules of the Board and all final
orders and decisions (except those required for good cause to held
confidential and not cited asprecedents) shall be open for public
inspection at the offices of the Board. Decisions of the Board will be
made solely upon the record, as described inRule 13.
(dd) Rule 29, Motion for reconsideration. A motion for
reconsideration may be file by either party. It shall set forth
specifically the groundsrelied upon to sustain the motion. The motion
shall be filed within 30 days from the date of the receipt of a copy of
the decision of the Board by theparty filing the motion.
(ee) Rule 30, Suspensions; dismissal without prejudice. The Board
may suspend the proceedings by agreement of counsel for settlement
discussions,or for good cause shown. In certain cases, appeals docketed
before the Board are required to be placed in a suspense status and the
Board is unable toproceed with disposition thereof for reasons not
within the control of the Board. Where the suspension has continued, or
may continue for an inordinatelength of time, the Board may, in its
discretion, dismiss such appeals from its docket without prejudice to
their restoration when the cause of suspensionhas been removed. Unless
either party or the Board acts within three years to reinstate any
appeal dismissed without prejudice, the dismissal shall bedeemed with
prejudice.
(ff) Rule 31, Dismissal or default for failure to prosecute or
defend. Whenever a record discloses the failure of either party to file
documentsrequired by these rules, respond to notices or correspondence
from the Board, comply with orders of the Board, or otherwise indicates
an intention not tocontinue the prosecution or defense of an appeal, the
Board may, in the case of a default by the appellant, issue an order to
show cause why the appealshould not be dismissed or, in the case of a
default by the Government, issue an order to show cause why the Board
should not act thereon pursuant to Rule35. If good
[[Page 182]]
cause is not shown, the Board may take appropriate action.
(gg) Rule 32, Remand from court. Whenever any court remands a case
to the Board for further proceedings, each of the parties shall, within
20days of such remand, submit a report to the Board recommending
procedures to be followed so as to comply with the court's order. The
Board shall considerthe reports and enter special orders governing the
handling of the remanded case. To the extent the court's directive and
time limitations permit, suchorders shall conform to these rules.
(hh) Rule 33, Time, computation and extensions. (1) Where possible,
procedural actions should be taken in less time than the maximum
timeallowed. Where appropriate and justified, however, extensions of
time will be granted. All requests for extensions of time shall be in
writing.
(2) In computing any period of time, the day of the event from which
the designated period of time begins to run shall not be included, but
the lastday of the period shall be included unless it is a Saturday,
Sunday, or a legal holiday, in which event the period shall run to the
end of the nextbusiness day.
(ii) Rule 34, Ex parte communications. No member of the Board or of
the Board's staff shall entertain, nor shall any person directly
orindirectly involved in an appeal, submit to the Board or the Board's
staff, off the record, any evidence, explanation, analysis, or advice,
whether writtenor oral, regarding any matter at issue in an appeal. This
provision does not apply to consultation among Board members or to ex
parte communicationsconcerning the Board's administrative functions or
procedures.
(jj) Rule 35, Sanctions. If any party fails or refuses to obey an
order issued by the Board, the Board may then make such order as it
considersnecessary to the just and expeditious conduct of the appeal.
(kk) Rule 36, Effective date. These rules shall apply: (1)
Mandatorily, to all appeals relating to contracts entered into on or
after 1 March1979, and (2) at the contractor's election, to appeals
relating to earlier contracts, with respect to claims pending before the
contracting officer on 1March 1979 or initiated thereafter.
[45 FR 19202, Mar. 24, 1980]
PART 211_REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION WITH CIVIL WORKS PROJECTS--Table of Contents
Real Estate; General
Sec.
211.1 Real estate defined.
211.2 Authority to acquire real estate.
211.3 Function of Chief of Engineers.
211.4 Acquisition of land.
Temporary Use by Others of Civil Works Real Estate
211.5 Temporary use; how granted.
211.6 Rights which may be granted by the Secretary of the Army in river
and harbor and flood control property.
211.7 Rights which may be granted by Division and District Engineers.
211.8 Limitations on rights which may be granted.
211.9 Applications for leases, easements, licenses, and permits.
Disposal of Real Estate Acquired for Civil Works Purposes
211.10 Disposition of lands.
211.11 Sale or salvage of buildings, improvements, or crops.
211.12 Exchange of lands.
211.13 Approval of the Office of the Chief of Engineers.
Real Estate Claims
211.14 Definition.
211.15 Statutory provisions.
211.16 Scope and application of Army Regulations.
211.17 Authority of Division Engineers, Corps of Engineers to settle
claims.
211.18 Action by claimant.
211.19 Place of filing claims.
211.20 Form of claim.
211.21 Evidence to be submitted by claimant.
211.22 Real estate Claims Officers.
211.23 Procedure.
211.24 Disposition of claims.
Federal Jurisdiction Over Real Estate
211.25 General considerations in the acquiring of Federal jurisdiction.
211.26 Functions in acquiring Federal jurisdiction.
211.27 Method of acquiring Federal jurisdiction.
211.28 Acceptance of jurisdiction.
[[Page 183]]
Sale of Lands in Reservoir Areas Under Jurisdiction of Department of the
Army for Cottage Site Development and Use
211.71 Statutory provisions.
211.72 Definitions.
211.73 Determination of land available for sale.
211.74 Public notice of the availability of land for sale.
211.75 Price.
211.76 Costs of surveys.
211.77 Sale procedure.
211.78 Maintenance and conveyance of access roads.
211.79 Contract of sale.
211.80 Conveyance.
211.81 Reservoir areas.
Reconveyance of Land or Interests Therein Acquired for Grapevine, Garza-
Little Elm, Benbrook, Belton, and Whitney Reservoir Projects in Texas
and Alsofor the Verdigris River Portion of the McClellan-Kerr Navigation
Project in Oklahoma, to Former Owners
211.101 Statutory provisions.
211.102 Definitions.
211.103 Determination of whether land is required for public purposes,
including public recreational use.
211.104 Notice to former owners of availability of land for
reconveyance.
211.105 Filing of application.
211.106 Filing of objection by abutting owner.
211.107 Notice of agreement between former owner and abutting owner.
211.108 Determination of price.
211.109 Contract of sale.
211.110 Conveyance.
211.111 Certification terminating rights of former owners.
Conveyances for Public Port or Industrial Facilities
211.141 Statutory provisions.
211.142 Definitions.
211.143 Delegations.
211.144 Notice.
211.145 Filing of application.
211.146 Price.
211.147 Conveyance.
Authority: Sections 211.1 through 211.4 issued under 5 U.S.C. 301,
unless otherwise noted.
Source: 13 FR 8747, Dec. 30, 1948, unless otherwise noted.
Real Estate; General
Sec. 211.1 Real estate defined.
The term real estate as used in this part includes land; buildings;
piers and wharves; office and storage space; rights-of-way or
easements,whether temporary or permanent; and any interests which may be
acquired or held therein for the use or benefit of the United States by
the Department ofthe Army or any branch thereof.
Sec. 211.2 Authority to acquire real estate.
(a) Congressional authority necessary. No land shall be acquired on
account of the United States except under a law authorizing such
acquisition.(See R. S. 3736; 41 U. S. C. 14.)
(b) Authority of the Secretary. The authority of the Secretary of
the Army to acquire real estate for river and harbor improvements,
floodcontrol projects and allied purposes, is based upon enactments of
the Congress authorizing the particular projects and appropriating funds
therefor. Theseenactments are generally termed Flood Control Acts and
are passed following the submission by the Secretary of the Army of
preliminary plans and surveys tothe Congress for consideration and
approval.
(c) Local cooperation. As a general rule in river and harbor and
flood control projects, except channel improvements, channel
rectifications, damand reservoir, and certain other types of projects,
local interests are required to provide without cost to the United
States, all lands, easements andrights-of-way necessary for the
construction of the projects.
Sec. 211.3 Function of Chief of Engineers.
(a) The Chief of Engineers, under the authority of the Secretary of
the Army, is charged with the responsibility for the acquisition,
management anddisposal of all real estate or interests therein required
for use by the Department of the Army for river and harbor, flood
control and allied purposes.
Sec. 211.4 Acquisition of land.
(a) Real property and interests therein may be acquired by the
Department of the Army by:
(1) Purchase.
(2) Condemnation.
(3) Transfer from other Government departments and agencies.
(4) Lease or similar instrument.
[[Page 184]]
(5) Donation or gift.
(b) Methods of acquisition--(1) Purchase. It is the policy of the
Department of the Army to secure title to lands, or the desiredinterest
therein, by direct negotiation and purchase, where possible. Each tract
of land to be acquired is approved by qualified appraisers for the
purposeof determining the market value. Options for the purchase of land
will not be negotiated containing reservations or exceptions by
landowners or subject tooutstanding rights in third parties which may
interfere with the use of the land for which it is being acquired. In no
case will an option be negotiated inwhich a vendor excepts or reserves
the right to repurchase the property, or undertakes to convey subject to
rights in a third party. Generally, landownersor tenants are authorized
to reserve, or except from the sale, crops, timber, buildings and
improvements with the right to remove same within a specifiedperiod,
provided such buildings, etc., are not required for use by the
Department of the Army. Land is acquired subject to public highways,
roads,railroads, pipelines, and other utilities, and if it is determined
that they interfere with the Government's use of the property, will be
relocated orextinguished by contract between the Government and State,
county or utility involved. If at any time in the course of acquisition
by direct purchase, itbecomes apparent that acquisition by such means
will involve substantial delay or cannot be accomplished because of
title defects which cannot beeliminated within a reasonable time, or
because of failure to agree on the price to be paid, action is taken to
acquire the land by condemnation.
(2) Condemnation. Condemnation of land is accomplished by the
Secretary of the Army requesting the Attorney General to file a
condemnationpetition and procure an order from the court in the Federal
Judicial District where the land is located, granting to the United
States the right ofimmediate possession. The declaration of taking act
(40 U.S.C. 258a-d) permits the Government to file a declaration of
taking in conjunction withthe condemnations proceedings, and provides
that title to the property described therein vests immediately upon
filing of the declaration in court anddeposit of the Government's
estimate of compensation, named in the declaration, in the registry of
the court. The court may enter orders directing that allor part of the
money deposited by the Government be paid to the owner of the land or
other persons having an interest therein. This payment is
withoutprejudice to the landowner's right to seek a higher value for his
land in the trial of the case before the court. Pending or during the
trial undercondemnation proceedings, negotiations may still be conducted
with the landowner for the direct purchase of his property, and in the
event an agreement isreached, action is taken to dismiss the land in
question from the condemnation proceedings.
(3) Transfer of land. Transfer of land from other Government
agencies to the Department of the army is generally accomplished by
obtaining a usepermit, or if the land is desired permanently, then by
transfer under applicable legislative authority. In the absence of such
authority, a permit isobtained pending enactment of special legislation
by the Congress. Public domain land under the Department of the Interior
may be withdrawn and set asidefor the use of the Department of the Army
by Executive order or a Public Land Order.
(4) Lease. The negotiation of leases for river and harbor and flood
control purposes must be approved by the Chief of Engineers or his
dulyauthorized representative.
Temporary Use by Others of Civil Works Real Estate
Authority: Sections 211.5 through 211.9 issued under R.S. 161; 5
U.S.C. 301.
Source: 13 FR 8748, Dec. 30, 1948, unless otherwise noted.
Sec. 211.5 Temporary use; how granted.
There are three methods by which the temporary use of real estate
under the control of the Department of the Army may be granted: Lease,
easement andlicenses, or permit.
[[Page 185]]
Sec. 211.6 Rights which may be granted by the Secretary of the Army in river and harbor and flood control property.
(a) Leases. (1) The Secretary of the Army is authorized, whenever he
shall deem it to be advantageous to the Government, to lease such
realproperty under the control of his Department as is not surplus to
the needs of the Department within the meaning of the act of October 3,
1944 (58 Stat.765), and is not for the time required for public use, to
such lessee or lessees and upon such terms and conditions as in his
judgment will promote thenational defense or will be in the public
interest. Each such lease shall be for a period not exceeding five years
unless the Secretary of the Army shalldetermine that a longer period
will promote the national defense or will be in the public interest. The
Secretary of the Army may include, among otherterms and conditions in
the lease, a right of first refusal in the lessee to purchase the
property in the event of the revocation of the lease in order topermit
sale thereof by the Government, but this shall not be construed as
authorizing the sale of any property unless the sale thereof is
otherwiseauthorized by law. Each such lease shall contain a provision
permitting the Secretary of the Army to revoke the lease at any time,
unless he shalldetermine that the omission of such provision from the
lease will promote the national defense or will be in the public
interest. In any event each suchlease shall be revocable by the
Secretary of the Army during a national emergency declared by the
President. Notwithstanding section 321 of the act of June30, 1932 (47
Stat. 412; 40 U.S.C. 303b), or any other provision of law, any such
lease may provide for the maintenance, protection, repair, or
restorationby the lessee, of the property leased or of the entire unit
or installation where a substantial part thereof is leased, as a part or
all of theconsideration for the lease of such property. In the event
utilities or services shall be furnished by the Department of the Army
to the lessee inconnection with any lease, payments for utilities or
services so furnished may be covered into the Treasury to the credit of
the appropriation orappropriations from which the costs of furnishing
any such utilities or services to the lessee was paid. Except as
otherwise provided in this paragraph,any money rentals received by the
Government directly under any such lease shall be deposited and covered
into the Treasury as miscellaneous receipts. Theauthority granted in
this section shall not apply to oil, mineral, or phosphate lands (10
U.S.C. 2667).
(2) The Chief of Engineers, under the supervision of the Secretary
of the Army, is authorized to construct, maintain, and operate public
park andrecreational facilities in reservoir areas under the control of
the Department of the Army and to permit the construction, maintenance,
and operation ofsuch facilities. The Secretary of the Army is authorized
to grant leases of lands, including structures or facilities thereon, in
reservoir areas for suchperiods and upon such terms as he may deem
reasonable: Provided, That leases to non-profit organizations may be
granted at reduced or nominal rentalsin recognition of the public
service to be rendered in utilizing the leased premises: Provided
further, That preference shall be given to Federal,State, or local
governmental agencies, and licenses may be granted without monetary
considerations to such agencies for the use of all or any portion of
areservoir area, when the Secretary of the Army determines such actions
to be in the public interest, and for such periods of time and upon such
conditionsas he may find advisable. The water areas of all such
reservoirs shall be open to the public use generally, without charge,
for boating, swimming, bathing,fishing, and other recreational purposes,
and ready access to and exit from such water areas along the shores of
such reservoirs shall be maintained forgeneral public use, when such use
is determined by the Secretary of the Army not to be contrary to the
public interest, all under such rules andregulations as the Secretary of
the Army may deem necessary. No use of any area to which this section
applies shall be permitted which is inconsistent withthe laws for the
protection of fish and game of the State in which such area is situated.
All moneys received
[[Page 186]]
for leases or privileges shall bedeposited in the Treasury of the United
States as miscellaneous receipts. (Sec. 4, act of December 22, 1944, 58
Stat. 887, 889, as amended by sec. 4, actof July 24, 1946, 60 Stat. 641,
as amended by Sec. 209, act of Sept. 3, 1954, 68 Stat. 1266.)
(b) Easements. (1) The Secretary of the Army is authorized to grant
easements for rights-of-way across real estate acquired for civil
purposes asfollows:
(i) Poles and wires. The Secretary of the Army may grant easements
for rights-of-way, for periods not exceeding 50 years, for poles and
lines forthe transmission and distribution of electrical power, and for
poles and lines for telephone and telegraph purposes, over lands under
his jurisdiction,upon a finding that the same is not incompatible with
the public interest (see act of March 4, 1911; 36 Stat. 1253, as amended
by the act of May 27, 1952,66 Stat. 95; 43 U.S.C. 961). Form of easement
is ENG Form 1360.
(ii) Pipelines. The Secretary of the Army may grant easements for
rights-of-ways for gas, water, and sewer pipelines across lands under
hiscontrol provided that such grants will be in the public interest and
will not substantially injure the interest of the United States in the
propertyaffected thereby (10 U.S.C. 2669). Form of easement is ENG Form
1361.
(iii) Other easements. The Secretary of the Army is authorized and
empowered, under such terms and conditions as are deemed advisable by
him, togrant easements for rights-of-way over, across, in and upon
acquired lands under his jurisdiction and control, and public lands
permanently withdrawn orreserved for the use of the Department of the
Army, to any State, political subdivision thereof, or municipality, or
to any individual, partnership, orcorporation of any State, Territory,
or possession of the United States, for:
(A) Railroad tracks;
(B) Oil pipelines;
(C) Substations for electric power transmission lines, telephone
lines, and telegraph lines, and pumping stations for gas, water, sewer,
and oilpipelines;
(D) Canals;
(E) Ditches;
(F) Flumes;
(G) Tunnels;
(H) Dams and reservoirs in connection with fish and wildlife
programs, fish hatcheries, and other fish-cultural improvements;
(I) Roads and streets;
(2) Provided, That:
(i) Such rights-of-way shall be granted only upon a finding by the
Secretary of the Army that the same will not be incompatible with the
publicinterest.
(ii) Such rights-of-way shall not include any more land than is
reasonably necessary for the purpose for which granted.
(iii) All or any part of such rights-of-way may be annulled and
forfeited by the Secretary of the Army for failure to comply with the
terms andconditions of the grant or for the nonuse for a period of two
consecutive years or abandonment of rights granted (10 U.S.C. 2668).
Sec. 211.7 Rights which may be granted by Division and District Engineers.
(a) Authority of Division and District Engineers. Division
Engineers, the President of the Mississippi River Commission, and
District Engineersof districts to which real estate functions have been
or may be assigned are authorized to lease, in the name of and by
authority of the Secretary of theArmy, lands of the United States and
improvements thereon, acquired for reservoirs for navigation and flood
control, subject to the prior approval of theChief of Engineers.
Recommendations of District Engineers will be considered by Division
Engineers and the President of the Mississippi River Commission
ingranting leases and District Engineers will administer the provisions
of the leases, including the collection and deposit of payments.
Sec. 211.8 Limitations on rights which may be granted.
(a) Advertising. It is the policy to grant leases to the highest
responsible bidders after advertising, where competition is
practicable.Advertising consists of the circularization of notices among
former owners of the land, owners of adjacent lands, and others known to
be interested and bythe posting of notices in public places, and
[[Page 187]]
publication of notices in newspapers where such publication is deemed
advisable. Exceptions have beenmade to this policy in favor of former
owners in granting leases for agricultural and grazing purposes in
reservoir areas.
(b) Consideration. Title 10 U.S.C. 2667 provides that
notwithstanding section 321 of the act of June 30, 1932 (47 Stat 412; 40
U.S.C. 303b) orany other provision of law, any such lease may provide
for the maintenance, protection, repair, or restoration by the lessee,
of the property leased or ofthe entire unit or installation where a
substantial part thereof is leased, as a part or all of the
consideration for the lease of such property. Theconsideration will be
adequate but may consist of money and/or maintenance, protection,
repair, or restoration by the lessee, of the property leased.
(c) Consideration in easements and licenses. In order to fully
protect the interests of the United States, the Secretary of the Army
will not,without substantial compensation grant to non-government
agencies, for the purpose of private profit, valuable rights in
Government property. A fair chargewill be made for such privileges, the
amount to be determined by all the circumstances surrounding the case,
including an estimate as to what privateinterest in the vicinity would
charge for a similar privilege.
Sec. 211.9 Applications for leases, easements, licenses, and permits.
Applications for use of Civil Works property should be made to the
District Engineer of the district within the boundaries of which the
real estate islocated. The District Engineer will determine whether the
property will be required for public use during the period of the
contemplated grant and whetherthe requested grant will interfere with
any operations of the United States.
Disposal of Real Estate Acquired for Civil Works Purposes
Authority: Sections 211.10 through 211.13 issued under R.S. 161; 5
U.S.C. 301.
Source: 13 FR 8749, Dec. 30, 1948, unless otherwise noted.
Sec. 211.10 Disposition of lands.
(a) Acts authorizing the Secretary of the Army to dispose of land
acquired for the improvements of canals, rivers and harbors, or for
flood controlpurposes are as follows:
(1) Section 7 of the act of Congress approved August 30, 1935 (49
Stat. 1048; 33 U.S.C. 558a) as extended by section 6 of the act approved
August 18,1941 (55 Stat. 650; 33 U.S.C. 701c-2, 77th Congress)
authorizing sale of lands no longer needed for the purpose for which
acquired.
Sec. 211.11 Sale or salvage of buildings, improvements, or crops.
(a) Authority of law. When any property (except land) which has been
heretofore or may be hereafter purchased or acquired for the improvement
ofrivers and harbors or for flood control work is no longer needed, or
is no longer serviceable, it may be sold in such manner as the Secretary
of the Armymay direct and the proceeds credited to the appropriation for
the work for which it was purchased or acquired. (Section 5, act of June
13, 1902 (32 Stat.373; 33 U.S.C. 558), as extended by section 3, act of
March 1, 1917 (39 Stat. 450; 33 U.S.C. 701).)
(b) Division Engineers. Sales are conducted by the Division
Engineers, Corps of Engineers.
(c) Removal of buildings, improvements, or crops other than by sale.
If the buildings, improvements, or crops cannot be sold, they may
besalvaged or razed as a part of the work under the project if they are
in the way of new construction or interfere with the efficient operation
of theproject.
Sec. 211.12 Exchange of lands.
The Secretary of the Army is authorized to exchange lands acquired
for river and harbor and flood control projects for privately owned
lands requiredfor such purposes. (Sec. 2 of the act of June 20, 1938 (52
Stat. 804; 33 U.S.C. 558b) as extended by sec. 3 of the act of August
11, 1939 (53 Stat. 1414,33 U.S.C. 558b-1).)
Sec. 211.13 Approval of the Office of the Chief of Engineers.
In any case in which it may be necessary or advisable in the
execution of
[[Page 188]]
an authorized project to exchange real property of the Government
forreal property required for such project, the Chief of Engineers
receives a directive from the Secretary of the Army, and effects the
exchange through theDivision Engineers, Corps of Engineers.
Real Estate Claims
Authority: Sections 211.14 through 211.24 issued under R.S. 161; 5
U.S.C. 301.
Source: 13 FR 8749, Dec. 30, 1948, unless otherwise noted.
Sec. 211.14 Definition.
The term real estate claims refers to those demands for payment
submitted by individuals, partnerships, associations or corporations,
includingStates, territories, and political subdivisions thereof, for
rent, damages, utilities, out-of-pocket expenses and other payments,
arising under the termsand conditions, whether express or implied, of
leases or other contracts for the use and occupancy of real estate by
the Department of the Army or theArmy, including right of entry permits,
options to purchase, and other instruments sufficient to support a
contractual relationship between the UnitedStates and property owner, or
arising from the use and occupancy of real estate by the Department of
the Army or the Army with the express or impliedconsent of the owner
thereof in the absence of any formal lease or other contract therefor.
Sec. 211.15 Statutory provisions.
(a) All claims and demands whatever against the Government, unless
there is some special authority for the settlement thereof by the
departmentconcerned, shall be settled and adjusted in the General
Accounting Office (see R.S., sec. 236, as amended by act of June 10,
1921, 42 Stat. 24; 31 U.S.C.71).
(b) Meritorious Claims Act. When there is filed in the General
Accounting Office a claim or demand against the United States that may
notlawfully be adjusted by the use of an appropriation theretofore made,
but which claim or demand in the judgment of the Comptroller General of
the UnitedStates contains such elements of legal liability or equity as
to be deserving of the consideration of the Congress, he shall submit
the same to theCongress, by a special report containing the material
facts and his recommendations thereon (act of April 10, 1928; c. 334, 45
Stat. 413; 31 U.S.C. 236).
(c) Limitations of time on claims and demands under (a) and (b) of
this section. The act of October 9, 1940 (54 Stat. 1061; 31 U.S.C.
71a)provides that every claim or demand (except a claim or demand by any
State, Territory, possession or the District of Columbia) against the
United Statescognizable by the General Accounting Office under the act
of June 10, 1921, and the act of April 10, 1928, will be forever barred
unless such claim,bearing the signature and address of the claimant or
of an authorized agent or attorney, will be received in said office
within ten full years after thedate such claim first accrued: Provided,
however, That when such a claim of any person serving in the military or
naval forces of the United Statesaccrues in time of war, or when war
intervenes within five years after its accrual, such claim may be
presented within five years after peace isestablished. The act further
provides that whenever any claim barred by the preceding provision will
be received in the General Accounting Office, it willbe returned to the
claimant, with a copy of this act (act of October 9, 1940) and such
action will be a complete response without further communication.
(d) Domestic Claims Act. The act of July 3, 1943 (57 Stat. 372; 31
U.S.C. 223b, 223c) as amended by the act of May 29, 1945 (Pub. L. 67,
79thCongress) and as further amended by the act of June 28, 1946 (Pub.
L. 466, 79th Congress), provides for the payment of claims arising on or
after May 27,1941, for damage to or loss or destruction of property,
real or personal, caused by military personnel or civilian employees of
the Department of the Armyor of the Army while acting within the scope
of their employment or otherwise incident to noncombat activities of the
Department of the Army or of theArmy, including claims for damages to
real property incident to the use and occupation thereof, whether under
a lease, express or implied, or otherwise,and including claims of the
foregoing categories arising out of civil works, provided they do not
exceed $1,000. The act
[[Page 189]]
further provides that thedamage to or loss or destruction of property
shall not have been caused in whole or in part by any negligence or
wrongful act on the part of the claimant,his agent or employee; that no
claim shall be settled under the act unless presented in writing within
one year after the incident out of which such claimarises shall have
occurred except that if the incident occurs in time of war, or if war
intervenes within one year after its occurrence, any claim may, ongood
cause shown, be presented within one year after peace is established.
The Secretary of the Army is authorized to report such claims as exceed
$1,000to Congress for its consideration.
Sec. 211.16 Scope and application of Army Regulations.
(a) AR (Army Regulations) 25-25 has been issued in furtherance of
the act of July 3, 1943. The regulations in this part, in keeping with
theterms of the act, apply to claims for damages only. Paragraph 7 of AR
25-25 provides that claims for damages to real property incident to the
useand occupancy thereof by the government under a lease express or
implied, or otherwise, are payable under this section even though
legally enforceableagainst the Government as contract claims. However,
if deemed preferable in the best interest of the Government claims
payable under paragraph 7 may beprocessed to the General Accounting
Office for direct settlement under sec. 236, Revised Statutes. Claims
for rent of real property are not payable underAR 25-25.
(b) AR 100-64 has been issued in furtherance of Section 236, Revised
Statutes, as amended by the act of June 10, 1921; 42 Stat. 24, 31
U.S.C.71. These regulations provide exclusive authority for the
consideration and settlement of claims for rent and other payments of an
express or impliedcontractual nature, and optional authority with AR 25-
25 for settlement of damages, in excess of $1,000 arising out of the use
and occupancy of realestate by the Department of the Army or the Army
under an agreement expressed or implied. AR 100-64 applies to all claims
for rent regardless ofamount and for other payments of a contractual
nature, for example, claims for electricity, heat, light, water, and
other out-of-pocket expenses, repairs,etc., where such expenses are not
included in the lease as a part of the rental consideration.
Sec. 211.17 Authority of Division Engineers, Corps of Engineers to settle claims.
(a) Authority has been delegated to Division Engineers, within the
geographical limits of their respective jurisdictions, to approve or
disapprove, inamounts not exceeding $1,000, any claim within the purview
of the act of July 3, 1943, as amended. Insofar as real estate claims
are concerned thisdelegation of authority applies only to claims for
damages incident to the use and occupancy of real property by the
Department of the Army or the Army.
(b) Division Engineers have no authority to settle and make payment
of claims for damages in excess of $1,000 or for rents or other payments
of acontractual nature regardless of amount arising out of the use and
occupation of real estate under an agreement, express or implied, or
otherwise.
Sec. 211.18 Action by claimant.
Real estate claims may be presented by the owner of the property or
his duly authorized agent or legal representative. The word ``owner'',as
so used, includes lessees, mortgagors, and conditional vendees, but does
not include mortgagees, conditional vendors, and others having title
forpurposes of security only. The claim, if filed by an agent or legal
representative, should show the title of the person signing and be
accompanied byevidence of the appointment of such person as agent,
executor, administrator, guardian, or other fiduciary.
Sec. 211.19 Place of filing claims.
All real estate claims should be submitted to the United States
Division Engineer in whose jurisdiction the claim arises.
Sec. 211.20 Form of claim.
Claims should be submitted by presenting in triplicate a signed
statement, giving the claimant's address, setting forth the amount of
the claim, and,so far as possible, the detailed facts and circumstances
giving rise to
[[Page 190]]
the claim, indicating and describing the property involved, the date or
dates,and the nature and extent of the damage, loss or destruction
claimed, and the agency or branch of the Department of the Army or Army
using the property.Upon receipt of such a claim the Division Engineer
will, where practicable or necessary, furnish the claimant with
Department of the Army forms for a moreformal presentation of his claim
including instructions as to their use.
Sec. 211.21 Evidence to be submitted by claimant.
(a) All claims must be substantiated by competent evidence. If the
claim is for rent or other payment the claimant should furnish evidence
as to thevalue of the property, income from the property if previously
rented, or rental value of similar property in the vicinity. If the
property is under aformal lease to the Government, the claimant should
identify the lease and state the covenants of the lease upon which he
predicates his claim. Where theclaim is for damage to the property which
has been or can be economically repaired the claimant should submit in
triplicate an itemized signed statement orestimate of the cost of
repairs and copies of itemized receipts, evidencing payment for any
expenditures made in relation to the property for whichreimbursement is
claimed.
(b) In support of claims for damage to crops the claimant should
submit a statement showing the number of acres, or other unit measure of
cropsdamaged, the normal yield per unit, the gross amount which would
have been realized from normal yield, and an estimate of the further
cost of cultivation,harvesting and marketing; if the crops are one which
need not be planted each year, the diminution in value of the land
beyond the damage to the currentyear's crop should also be stated. All
such statements or estimates should, if possible, be by disinterested
competent witnesses, preferably responsibledealers of the type of
property damaged.
Sec. 211.22 Real estate Claims Officers.
In each Division Office the Division Engineer has appointed a Claims
Officer or Assistant Claims Officers who have the duty and
responsibility underthe direction of the Division Real Estate Officer,
to investigate all real estate claims. The activities and
responsibilities of these Claims Officers aredescribed more fully under
Sec. 211.23.
Sec. 211.23 Procedure.
Upon the receipt of any real estate claim it is submitted to a
Claims Officer who investigates the matter and secures all evidence
necessary for a fullconsideration of the claim and upon which a
determination can be made as to the liability of the Government. For
this purpose the Claims Officer isauthorized and charged with the duty
of securing sufficient evidence to establish with certainty the
following general points:
(a) The nature of the claim.
(b) The interest of the claimant in the property and the interest
that others may have in the property.
(c) Date and circumstances under which occupation of premises
occurred and date of vacation. If under a lease, the lease number and
date of lease.
(d) Inspection of the premises and determination of the amount of
damages.
(e) If claim is for rental without formal lease or agreement, data
as to the market and rental value of the property.
(f) Any other pertinent evidence the particular facts of the case
require.
The above obligations of the Claims Officer does not relieve the
claimant from the burden of proving his claim and it is the duty and
obligation ofthe claimant to furnish such evidence within his particular
knowledge as the Claims Officer may require.
Upon completion of his investigation the Claims Officer prepares a
report setting forth completely but briefly the nature and amount of the
claim,all pertinent facts necessary to determine the rights and
liabilities of the claimant and the Government, and the Claims Officer's
conclusions andrecommendations as to allowance or disallowance of the
claim in whole or in part and reasons therefor, including citations to
any laws, statutes, or otherdecisions which it is believed will
substantiate his recommendation.
[[Page 191]]
Sec. 211.24 Disposition of claims.
(a) Real estate claims for damages. Real estate claims for damages
not exceeding $1,000 may be settled by the Division Engineer. If the
DivisionEngineer allows the claim in toto it is transmitted to the local
Disbursing Officer who transmits a check to claimant in payment of the
claim. Where theclaim is disallowed by the Division Engineer, in whole
or in part, the claimant is so advised and in the event that he is
unwilling to accept the decisionof the Division Engineer, he may appeal
within 30 days after receipt of such notice, through the Division
Engineer's Office, to the Secretary of the Army.This appeal should state
in full reasons for not accepting the Division Engineer's award.
(b) Claims for damages in excess of $1,000. Claims for damages in
excess of $1,000 arising out of the use and occupancy of real estate
under anagreement, express or implied, or otherwise, are forwarded to
the General Accounting Office for settlement.
(c) Claims for rent or other payments. Claims for rent or other
payments of a contractual nature regardless of amount arising out of the
use andoccupancy of real estate under an agreement, express or implied,
or otherwise, are forwarded to the General Accounting Office.
(d) Mixed claims for rental and damages. When a claim arising from
the use and occupancy of real estate has been received, the elements of
theclaim are first determined. If the claim is for damages not in excess
of $1,000 and rental, these elements are if practicable, separated and
the damagessettled under AR 25-25, otherwise the claims are forwarded to
the General Accounting Office for direct settlement.
Federal Jurisdiction Over Real Estate
Authority: Sections 211.25 through 211.28 issued under R.S. 161; 5
U.S.C. 301.
Source: 13 FR 8751, Dec. 30, 1948, unless otherwise noted.
Sec. 211.25 General considerations in the acquiring of Federal jurisdiction.
(a) Laws governing the acquisition of Federal jurisdiction--(1)
Constitution of the United States. By Article 1, Section 8, Clause17, of
the Constitution, Congress has the power to exercise exclusive
legislation in all cases in the District of Columbia and to exercise
like authorityover all land acquired by the United States with the
consent of the legislature of the State in which the land is located for
the erection of forts,magazines, arsenals, dockyards, and other needful
buildings.
(2) Section 355, Revised Statutes of the United States. Under this
section as amended by the acts of Congress approved February 1, 1940 (54
Stat.19) and October 9, 1940 (54 Stat. 1083; 40 U.S.C. 255),
jurisdiction over lands acquired by the Department of the Army does not
vest until the Secretary ofthe Army has indicated acceptance of such
jurisdiction by filing a notice of acceptance with the Governor of the
State or in such manner as may beprescribed by the laws of the State
where the land is situated.
(3) State laws. The laws of the various States indicate the type of
jurisdiction ceded or to be ceded, and prescribe the requirements, if
any, tobe complied with prior to the vesting of jurisdiction in the
United States.
Sec. 211.26 Functions in acquiring Federal jurisdiction.
(a) The Division Engineer. Upon determination that Federal
jurisdiction is desired over a Civil Works Project, the Office of the
DivisionEngineer concerned prepares such maps and descriptions of the
lands involved as may be required and forwards them to the Office of the
Chief of Engineerswith any further information called for by the laws of
the State where the lands are located.
(b) Chief of Engineers. All letters and other papers required to
procure cessions of jurisdiction and all notices of acceptance are
prepared inthe Office of the Chief of Engineers.
[[Page 192]]
Sec. 211.27 Method of acquiring Federal jurisdiction.
Jurisdiction is acquired in accordance with the laws of the various
States.
Sec. 211.28 Acceptance of jurisdiction.
The jurisdiction ceded by the State laws, by deeds of cession and by
the enactment of special legislation shall be accepted in accordance
with section355, Revised Statutes, as amended, in order to establish
Federal jurisdiction. This is accomplished by a letter from the
Secretary of the Army addressed tothe Governor of the State concerned or
by an indorsement on the deed of cession giving notice of such
acceptance.
Sale of Lands in Reservoir Areas Under Jurisdiction of Department of the
Army for Cottage Site Development and Use
Authority: Sections 211.71 through 211.81 issued under sec. 2, 70
Stat. 1065; 16 U.S.C. 460f.
Source: 28 FR 3450, Apr. 9, 1963, unless otherwise noted.
Sec. 211.71 Statutory provisions.
The Act of Congress approved August 6, 1956 (70 Stat. 1065).
Sec. 211.72 Definitions.
(a) The Act. The Act of Congress approved 6 August 1956 (70 Stat.
1065; Pub. L. 999, 84th Congress).
(b) Cottage site. Cottage site as used in Sec. Sec. 211.71 through
211.80, includes:
(1) Individual cottage site. A parcel of land developed or to be
developed by the construction of a private cottage thereon and used, or
to beused, for private recreational purposes.
(2) Group cottage site. A parcel of land containing multiple cottage
sites developed or to be developed individually by members of
anorganization to which the land is currently leased by the construction
on each site of a private cottage owned individually and used, or to be
used, forprivate recreational purposes.
(3) Colony cottage site. A parcel of land containing (i) multiple
cottage sites developed or to be developed individually by members of
anorganization to which the land is currently leased by the construction
on each site of a private cottage owned individually and used or to be
used forprivate recreational purposes, and (ii) a site or sites
developed or to be developed by the lessee by construction of community
recreational facilities forjoint use by all members of the lessee
organization incident to occupancy of their privately owned cottages on
the leased premises and/or an area of landto be preserved in an
undeveloped state for such joint use by all members of the lessee
organization.
Sec. 211.73 Determination of land available for sale.
The Chief of Engineers or the Director of Civil Works (Assistant to
the Chief of Engineers for Civil Works) is hereby delegated authority to
determinethat lands in reservoir areas under the jurisdiction of the
Department of the Army, other than lands withdrawn or reserved from the
public domain, (a) arenot required for project purposes or for public
recreational use, and (b) are being used for or are available for
cottage site development and use, and todetermine that such lands are
available for sale for cottage site development and use. The Chief of
Engineers or the Director of Civil Works (Assistant tothe Chief of
Engineers for Civil Works) is authorized to withdraw any lands
determined available for sale for cottage site development and use at
any timeprior to the execution of a contract of sale for such lands,
provided, he determines that such withdrawal will facilitate the
administration of thereservoir area or will otherwise be in the public
interest.
Sec. 211.74 Public notice of the availability of land for sale.
Upon determination in accordance with Sec. Sec. 211.71 through
211.80 that land is available for sale for cottage site development and
use,the appropriate District Engineer, U.S. Army Engineer District
(hereinafter referred to as the District Engineer) will give public
notice of theavailability of such land for sale, subject to such
conditions, reservations and restrictions as are required by the Act and
such other conditions,reservations and restrictions as the Chief of
Engineers or the Director
[[Page 193]]
of Civil Works (Assistant to the Chief of Engineers for Civil Works)
maydetermine to be necessary for the management and operation of the
project, or for the protection of lessees or owners of cottage sites
within the area.Public notice of the availability of such land for sale
will be by: (a) Publication at least twice, at no less than 15 day
intervals, in two newspapershaving general circulation in the vicinity
in which the land is located; (b) written notification to any persons or
organizations known to be interested inacquiring a cottage site in the
area; (c) posting of notices in public places; and (d) in addition,
where any site on which a lease for cottage sitepurposes existed on
August 6, 1956, is available, notice will be given by registered letter
to the lessee at his last known address.
Sec. 211.75 Price.
The Chief of Engineers, or his designee, is authorized to determine
the fair market value of any site determined available for sale for
cottage sitedevelopment and use based on an appraisal thereof by a
qualified appraiser. Sale of a cottage site to a lessee holding a lease
on the date of the Act willbe made for a price equal to the fair market
value of the site at the time of the sale.
Sec. 211.76 Costs of surveys.
The costs of any surveys or the relocation of boundary markers
deemed necessary by the District Engineer as an incident of the
conveyance of landsunder Sec. Sec. 211.71 through 211.80 shall be borne
by the grantee.
Sec. 211.77 Sale procedure.
Any individual cottage site offered for sale generally will not
contain more than approximately one acre. Such sites shall not be
subdivided but shallremain intact as single units, and no more than one
cottage may be constructed on each site. Not more than one site at any
one reservoir will be sold toany person or organization. Sales to
lessees of lands determined available for sale for cottage site
development and use, who have a priority to purchaseunder the provisions
of the Act, will be accomplished by negotiation. Sales to lessees who do
not have a priority to purchase under the provisions of theAct may be
accomplished by negotiation in the discretion of the Chief of Engineers
or the Director of Real Estate (Assistant to the Chief of Engineers
forReal Estate). Sales to persons other than lessees will be
accomplished by public auction, or sealed bids, in accordance with
procedure prescribed by theChief of Engineers. If no acceptable bid or
offer is received as a result of a public auction or solicitation for
sealed bids, sale may be accomplished bynegotiation in accordance with
procedure prescribed by the Chief of Engineers.
Sec. 211.78 Maintenance and conveyance of access roads.
The Government will not construct any roads for the sole purpose of
providing access to lands sold or to be sold for cottage site
development and use.The Government shall be under no obligation to
service or maintain existing roads used primarily for access to lands
sold for cottage site development anduse. Any lands determined by the
Chief of Engineers or the Director of Civil Works (Assistant to the
Chief of Engineers for Civil Works) as being used orto be used for roads
primarily to serve any cottage site area sold under the authority of the
Act may be offered by the District Engineer for transfer tothe State,
any political subdivision thereof, or organization in accordance with
the provisions of the Act.
Sec. 211.79 Contract of sale.
The agreement between the purchaser and the Government will be
evidenced by a contract of sale. Authority is hereby delegated to the
Chief of Engineersor the District Engineer to accept any offer which
meets the requirements of the Act and Sec. Sec. 211.71 through 211.80
and to execute thecontract of sale on behalf of the United States of
America.
Sec. 211.80 Conveyance.
(a) Authority to execute quitclaim deeds conveying land for cottage
site development and use or for access roads is delegated to the Chief
ofEngineers, with authority to redelegate to Division and/or District
Engineers.
[[Page 194]]
(b) The authority delegated to the Chief of Engineers in paragraph
(a) of this section to execute quitclaim deeds conveying land for
cottage sitedevelopment and use or for access roads has been redelegated
by the Chief of Engineers to the Division Engineer, U.S. Army Engineer
Division, New England,and to District Engineers having responsibility
for real estate activities.
Sec. 211.81 Reservoir areas.
Delegations, rules and regulations in Sec. Sec. 211.71 to 211.80
are applicable to:
(a) Fort Gibson Reservoir Area, Oklahoma.
(b) Lake Texoma and the Denison Reservoir Area, Oklahoma and Texas.
(c) Tenkiller Ferry Reservoir Area, Oklahoma.
(d) Harlan County Reservoir Area, Nebraska.
(e) Fort Randall Reservoir Area, South Dakota.
(f) Garrison Reservoir Area, North Dakota.
(g) Kanopolis Reservoir Area, Kansas.
(h) Arkabutla Reservoir Area, Mississippi.
(i) Enid Reservoir Area, Mississippi.
(j) Sardis Reservoir Area, Mississippi.
(k) Narrows Reservoir Area, Arkansas.
(l) Wappapello Reservoir Area, Missouri.
(m) Norfork Reservoir Area, Arkansas and Missouri.
(n) Clark Hill Reservoir Area, Georgia and South Carolina.
(o) Alatoona Reservoir Area, Georgia.
(p) Center Hill Reservoir Area, Tennessee.
(q) Dale Hollow Reservoir Area, Tennessee.
(r) Lake Cumberland, Kentucky.
(s) Fort Supply Reservoir, Oklahoma.
[28 FR 4357, May 2, 1963, as amended at 30 FR 4475, Apr. 7, 1965]
Reconveyance of Land or Interests Therein Acquired for Grapevine, Garza-
Little Elm, Benbrook, Belton, and Whitney Reservoir Projects in Texas
and alsofor the Verdigris River Portion of the McClellan-Kerr Navigation
Project in Oklahoma, to Former Owners
Authority: Secs. 211.101 to 211.111 issued under sec. 205, 72 Stat.
316.
Sec. 211.101 Statutory provisions.
Section 205 of the Act of Congress approved July 3, 1958 (72 Stat.
316) and section 11 of the Act of Congress approved December 23, 1971
(85 Stat.800).
[23 FR 7348, Sept. 28, 1958, as amended at 37 FR 15371, Aug. 1, 1972]
Sec. 211.102 Definitions.
(a) General. Any term used in Sec. Sec. 211.101 to 211.111 which is
defined in section 205 of the Act of Congress approved July 3,1958 (72
Stat. 316) or in section 11 of the Act of Congress approved December 23,
1971 (85 Stat. 800), shall have the meaning given to it in said act.
(b) Land. Any land or interest in land acquired by the United States
for the Grapevine, Garza-Little Elm, Benbrook, Belton, and Whitney
Reservoirprojects, Texas, or for the Verdigris River portion of the
McClellan-Kerr Navigation Project Oklahoma.
(c) The Act. The term ``the act'' when used in Sec. Sec. 211.101 to
211.111 shall mean either section 205 of the Act ofCongress approved
July 3, 1958 (72 Stat. 316), or section 11 of the Act of Congress
approved December 23, 1971 (85 Stat. 800).
(d) District Engineer. The term ``District Engineer'' when used in
Sec. Sec. 211.101 to 211.111 shall mean the DistrictEngineer, U.S. Army
Engineer District, Fort Worth, at Fort Worth, Tex., or the District
Engineer, U.S. Army Engineer District, Tulsa, at Tulsa, Okla.
(e) Director of Civil Works. The term ``Director of Civil Works''
when used herein shall mean the Director of Civil Works, Office,Chief of
Engineers or the
[[Page 195]]
Assistant Chief of Engineers for Civil Works.
[23 FR 7348, Sept. 28, 1958, as amended at 37 FR 15371, Aug. 1, 1972]
Sec. 211.103 Determination of whether land is required for public purposes, including public recreational use.
The Chief of Engineers and the Director of Public Works are hereby
delegated authority to determine which lands are not required for public
purposes,including public recreational use, and to determine the
exceptions, restrictions and reservations, as are in the public
interest, to be included in anyreconveyance, including the reservation
of such mineral rights as are determined necessary for the efficient
operation of the project. This delegation ofauthority shall not apply to
lands below the level of 529 feet in the Garza-Little Elm Reservoir
project and below 560 feet in the Grapevine Reservoirproject as the
lands below these levels will not be available for reconveyance pursuant
to the act.
[23 FR 7348, Sept. 28, 1958, as amended at 37 FR 15371, Aug. 1, 1972]
Sec. 211.104 Notice to former owners of availability of land for reconveyance.
Upon determination in accordance with Sec. Sec. 211.101 to 211.111
that land is not required for public purposes, including
publicrecreational use, the appropriate District Engineer shall give
notice to the former owners thereof (a) by registered letter, addressed
to the last knownaddress of the former owner; and (b) by publication at
least twice at not less than 15-day intervals in two newspapers having
general circulation in thevicinity in which the land is located.
[37 FR 15371, Aug. 1, 1972]
Sec. 211.105 Filing of application.
Application for reconveyance of land shall be filed with the
appropriate District Engineer. Said application shall be in writing,
dated and signed bythe former owner, or by his attorney in fact, and
shall identify the land for which he is making application for
reconveyance. Any such application will beconsidered as filed timely
when mailed to or delivered to the appropriate District Engineer within
ninety (90) days from the date of the last publicationof availability of
the land for reconveyance to said former owners. The appropriate
District Engineer may extend said ninety (90) day period for a
goodcause. Any application may be withdrawn by written notice, executed
by the former owner, or by his attorney in fact, to the appropriate
District Engineerat any time prior to the execution of the contract of
sale.
[37 FR 15371, Aug. 1, 1972]
Sec. 211.106 Filing of objection by abutting owner.
An objection by an abutting owner to reconveyance of land to a
former owner shall be filed with the appropriate District Engineer. Such
objection shallbe in writing, dated and signed by the abutting owner, or
his attorney in fact, and shall include identification of the land to
which the objectionpertains, the name of the former owner, the reasons
for the objection, and a reference to the land records where the
ownership of the abutting owner isrecorded. A copy of the letter
addressed to the former owner objecting to the reconveyance shall be
attached to the letter addressed to the appropriateDistrict Engineer, or
other evidence of such notice of objection shall be furnished to the
appropriate District Engineer. No objection will be consideredvalid
unless the party or individual making the objection is the record owner
of land abutting or adjoining the land to which the objection pertains.
[37 FR 15371, Aug. 1, 1972]
Sec. 211.107 Notice of agreement between former owner and abutting owner.
After an objection has been made by an abutting owner to a
reconveyance, and agreement reached concerning the reconveyance shall be
furnished inwriting, signed by both the abutting owner and the former
owner, or their attorneys in fact, to the appropriate District Engineer.
Such agreement must bemailed or delivered to the appropriate District
Engineer within ninety (90) days after the date of receipt of the notice
of objection by the
[[Page 196]]
appropriate District Engineer and the former owner. In the event an
agreement in writing as prescribed herein is not mailed or delivered to
theappropriate District Engineer, the appropriate District Engineer is
hereby authorized to report the land involved to the General Services
Administrationfor disposal as prescribed by the Act.
[37 FR 15371, Aug. 1, 1972]
Sec. 211.108 Determination of price.
Upon receipt of an application from a former owner, the Chief of
Engineers and/or the appropriate District Engineer is hereby delegated
authority todetermine the price at which the land will be sold pursuant
to the provisions of section 205(d) of the Act of Congress approved July
3, 1958 (72 Stat. 316)or pursuant to the provisions of section 11 of the
Act of Congress approved December 23, 1971 (85 Stat. 800) and the cost
of any surveys or boundarymarkings necessary as an incident to the
conveyance.
[37 FR 15371, Aug. 1, 1972]
Sec. 211.109 Contract of sale.
Upon determination of the price at which the land will be
reconveyed, and after the reaching of an agreement by the former owner
and the abutting ownerif an objection to the reconveyance was made by
the abutting owner, the appropriate District Engineer will prepare a
contract of sale containing the termsand conditions of the reconveyance
and deliver it to the applicant for acceptance. The contract of sale
shall provide for the deposit of earnest moneyequal to twenty (20)
percent of the price at which the land will be sold or the estimated
cost of any surveys or boundary markings necessary as an incidentto the
reconveyance, whichever is greater. The deposit will be applied to the
price at the time of settlement. In the event of default, the deposit
will beretained by the Government as liquidated damages. Failure of the
applicant to execute the contract of sale or to deposit the earnest
money with theappropriate District Engineer within thirty (30) days
after receipt of the contract, unless a written extension of said thirty
(30) days is granted by theappropriate District Engineer, in accordance
with section 205(e) of the Act of Congress approved July 3, 1958 (72
Stat. 316) or in accordance with section11 of the Act of Congress
approved December 23, 1971 (85 Stat. 800) and the delegation contained
in Sec. 211.111, that within a reasonable timeafter receipt of a proper
application for any reconveyance of such land, the parties have been
unable to reach a satisfactory agreement with respect to thereconveyance
of such land. Authority is hereby delegated to the Chief of Engineers
and/or the appropriate District Engineer to execute the contract of
salefor and on behalf of the United States of America.
[37 FR 15371, Aug. 1, 1972]
Sec. 211.110 Conveyance.
Reconveyance of the land will be by quitclaim deed executed by the
Secretary of the Army.
[23 FR 7348, Sept. 28, 1958]
Sec. 211.111 Certification terminating rights of former owners.
If no application for reconveyance is made by a former owner within
ninety (90) days, or authorized extension thereof, from the date of the
lastpublication of the notice in a newspaper or, if within a reasonable
time after receipt of a proper application for any reconveyances, the
appropriateDistrict Engineer and the former owner are unable to reach a
satisfactory agreement with respect to the reconveyance, the Chief of
Engineers and/or theappropriate District Engineer is hereby delegated
authority to certify (a) that notice has been given to the former owner
of such land pursuant to the Actand Sec. Sec. 211.101 to 211.111, and
that no qualified applicant has made timely application for reconveyance
of such land; or (b) that withina reasonable time after receipt of a
proper application for reconveyance the parties have been unable to
reach a satisfactory agreement with respect to thereconveyance of such
land. After such certification has been executed, disposition of the
land shall be made pursuant to the Federal PropertyAdministrative
Services Act of 1949, as amended, subject to such reservations,
restrictions, exceptions,
[[Page 197]]
and conditions, as the Chief of Engineers orthe Director of Civil Works
consider necessary for the operation of the project or in the public
interest.
[37 FR 15372, Aug. 1, 1972]
Conveyances for Public Port or Industrial Facilities
Authority: Sections 211.141 through 211.147 issued under sec.
108(d), 74 Stat. 487; 33 U.S.C. 578.
Source: 26 FR 2117, Mar. 11, 1961, unless otherwise noted.
Sec. 211.141 Statutory provisions.
Section 108 of the Act of Congress approved 14 July 1960 (74 Stat.
486).
Sec. 211.142 Definitions.
(a) This Act. The term ``this Act'' shall mean Section 108 of the
Act of Congress approved 14 July 1960 (74 Stat. 486).
(b) Land. Any land under the jurisdiction of the Department of the
Army acquired for a project which was authorized for water
resourcedevelopment purposes.
(c) Project. Any project under the jurisdiction of the Department of
the Army which was authorized for water resource development purposes.
(d) Agency. The term ``agency'' shall mean any state, political
subdivision thereof, port district, port authority, or other bodycreated
by a state or through a compact between two or more states for the
purpose of developing or encouraging the development of public port
orindustrial facilities.
(e) District Engineer. The term ``District Engineer'' shall mean the
District Engineer of the United States Army Engineer Districthaving
immediate jurisdiction over the land available for conveyance.
Sec. 211.143 Delegations.
(a) The Chief of Engineers and/or the Director of Civil Works
(Assistant to the Chief of Engineers for Civil Works) is hereby
delegated authority todetermine:
(1) That the development of public port or industrial facilities on
land within a project will be in the public interest;
(2) That such development will not interfere with the operation and
maintenance of the project;
(3) That disposition of the land for these purposes under this Act
will serve the objectives of the project;
(4) If two or more agencies file applications for the same land,
which agency's intended use of the land will best promote the purposes
for which theproject was authorized; and
(5) The conditions, reservations and restrictions to be included in
a conveyance under this Act.
(b) The District Engineer is hereby delegated authority to:
(1) Give notice of any proposed conveyance under this Act and to
afford an opportunity to interested eligible agencies in the general
vicinity of theland to apply for its purchase as hereinafter provided;
and
(2) Determine the period of time in which applications for
conveyances may be filed.
Sec. 211.144 Notice.
The District Engineer shall give notice of the availability of any
land for conveyance under this Act and afford an opportunity to eligible
agencies inthe general vicinity of the land to apply for its purchase
(a) by publication at least twice at not less than 15 day intervals in
two newspapers havinggeneral circulation within the State in which the
available land is located and, if any agency of an adjoining State or
States may have an interest in thedevelopment of such land for public
port or industrial facilities, by publication at least twice at not less
than 15 day intervals in two newspapers havinggeneral circulation within
such State or States, and (b) by letters to all agencies who may be
interested in the development of public port or industrialfacilities on
the available land.
Sec. 211.145 Filing of application.
Any agency interested in the development of public port or
industrial facilities upon the available land shall file a written
application with theDistrict Engineer within the time designated in the
public notice. The application shall state fully the purposes for which
the land is desired and thescope of the proposed development.
[[Page 198]]
Sec. 211.146 Price.
No conveyance shall be made for a price less than the fair market
value of the land.
Sec. 211.147 Conveyance.
Any conveyance of land under this Act will be subject to the final
approval of the Secretary of the Army and will be by quitclaim deed
executed by theSecretary of the Army.
PART 214_EMERGENCY SUPPLIES OF DRINKING WATER--Table of Contents
Sec.
214.1 Purpose.
214.2 Applicability.
214.3 Reference.
214.4 Additional authority.
214.5 Policy.
214.6 Discussion.
214.7 Delegation of authority.
214.8 Exclusions.
214.9 Requirements.
214.10 Types of assistance.
214.11 Costs.
Authority: Pub. L. 84-99, as amended, Emergency Flood Control Work
33 U.S.C. 701n; (69 Statute 186), dated June 28, 1955.
Source: 41 FR 7506, Feb. 19, 1976, unless otherwise noted.
Sec. 214.1 Purpose.
This provides information, guidance, and policy for execution of the
Chief of Engineers' authority to furnish supplies of clean drinking
water pursuantto Pub. L. 84-99, as amended by section 82(2), Pub. L. 93-
251 (88 Stat. 34).
Sec. 214.2 Applicability.
This regulation is applicable to Corps of Engineers field operating
agencies assigned Civil Works activities, including the USAED Alaska,
and thePacific Ocean Division. Its provisions are applicable within the
50 states, and the District of Columbia, Puerto Rico, Virgin Islands,
American Samoa, andGuam.
Sec. 214.3 Reference.
(a) Pub. L. 84-99, as amended (33 U.S.C. 701n).
(b) Pub. L. 93-251, Section 82(2).
(c) Pub. L. 93-523.
(d) ER 500-1-1.
Sec. 214.4 Additional authority.
Section 82(2), Pub. L. 93-251, dated 7 March 1974, revised Pub. L.
84-99, as amended, by adding the following new sentence. ``TheChief of
Engineers, in the exercise of his discretion, is further authorized to
provide emergency supplies of clean drinking water, on such terms as
hedetermines to be advisable, to any locality which he finds is
confronted with a source of contaminated drinking water causing or
likely to cause asubstantial threat to the public health and welfare of
the inhabitants of the locality.'' This authority expands the measures
the Chief of Engineersmay employ in providing emergency relief pursuant
to Pub. L. 84-99.
Sec. 214.5 Policy.
Emergency work under this authority will be applied to situations in
which the source of water has become contaminated. The contamination may
beaccidental, deliberate, or caused by natural events. The maximum
contaminent levels in drinking water are set forth by the Environmental
Protection Agencypursuant to Pub. L. 93-523. However, loss of the water
source or supply due to any cause is not included in the language of
Section 82(2), Pub. L.93-251, and furnishing emergency supplies by the
Corps of Engineers under those situations was not intended by this
legislation. Approval ofmeasures to furnish clean drinking water will be
pursuant to this regulation, and in accordance with procedures outlined
in ER 500-1-1 byHQDA (DAEN-CWO-E) WASH DC 20314. DAEN-CWO-E will be
notified by telephone when the emergency water situation becomes known.
Sec. 214.6 Discussion.
(a) The amendment provides for furnishing emergency supplies of
drinking water. The method of furnishing those supplies is not provided
for in theamendment, and is left to the discretion of the Chief of
Engineers. Any feasible method, including restoration of service from an
alternate source when themain source has been contaminated, is
authorized where most feasible (however, see paragraphs (d) and (e) of
this section).
[[Page 199]]
(b) The scope of work is limited solely to providing emergency
supplies of clean drinking water. Sewage treatment and disposal, and
other sanitaryrequirements, are not included. In addition, the Corps of
Engineers role in providing emergency supplies is a temporary measure
until the locality is ableto assume their responsibility. The locality
is ultimately responsible for providing supplies of drinking water.
(c) The cause of the contamination may be due to any situation, not
necessarily flood related. It encompasses all situations involving a
contaminatedsource of drinking water, whether caused by flooding or
otherwise.
(d) To be eligible, a locality must be confronted with a source of
water that is contaminated. The loss of clean drinking water must not be
solely theresult of a failure in the distribution system. For example,
the emergency could be due to a failure of a reservoir purification
system, and the localitymight thus be faced with a contaminated source.
Furnishing of emergency supplies of clean drinking water may not be
undertaken in these cases since thedistribution system is not considered
to be a source. A loss of supply is not in itself a justification for
furnishing supplies of water by the Corps ofEngineers under this
authority.
(e) Employment of the authority under the amendment requires a
finding by the Chief of Engineers, or his delegate, that there is, in
fact, acontaminated source of drinking water.
(f) The contamination must cause or be likely to cause a substantial
threat to the public health and welfare. An identifiable and defined
threat ofimpairment to the public health and welfare is considered
necessary. There is no requirement, however, that actual sickness exist
from contaminated waterto invoke the authority. But a clear threat must
be established. Lack of palatability, in itself, may not constitute a
serious health threat (seeSec. 214.9(d)).
(g) Inhabitants of the locality, rather than commercial enterprises,
are identified as the group threatened. A business firm faced with
contaminationof water used in its process is not eligible. The drinking
water used by the people in the area must be affected.
Sec. 214.7 Delegation of authority.
The authority to approve measures for furnishing emergency supplies
of clean drinking water pursuant to the section 82(2), Pub. L. 93-
251amendment of Pub. L. 84-99, is delegated to division engineers, up to
a $50,000 expenditure for the incident. Additional obligational
authority ofCode 400 funds will be obtained from DAEN-CWO-E prior to
authorizing the proposed added work.
Sec. 214.8 Exclusions.
The authority does not require correcting the contamination, or
repair of water systems so that clean drinking water supplies become
available again.Reestablishing community water supplies remains the
responsibility of local government and other Federal programs. These
methods may be employed under theauthority, if they are the most
feasible ways to provide emergency supplies of clean drinking water, but
there is no mandate to do so. To the extent stateor local governments
can provide water with their own resources, the locality will be
excluded from the provision of emergency supplies under Pub. L.84-99. In
general, the following situations are not considered to be appropriate
for Corps action under this authority:
(a) Contamination which causes a loss of palatability, but poses no
material threat to public health and welfare.
(b) Contamination, such as by bacteria, which can be reduced to a
safe level by the users boiling the water.
(c) Confrontation with normal levels of impurities or contaminants
in a drinking water source that does not pose substantial threat to the
publichealth.
(d) Contamination by natural intrusions over a period of time, which
are known to be occurring and which may accumulate in sufficient
concentrations topose a future health threat, but which have not yet
reached the level of a present hazard.
(e) Loss or diminishing of a water source, due to such things as an
earthquake or drought.
[[Page 200]]
(f) Contamination of a drinking water source as a regular occurrence
due to recurring events such as drought or flooding, when no
correctivecommunity action has yet been initiated.
(g) Contamination which, while posing a substantial threat to health
and welfare, can be corrected by local authorities, other Federal
authorities, orother appropriate means before emergency supplies are
deemed necessary.
Sec. 214.9 Requirements.
Providing emergency supplies of clean drinking water pursuant to the
emergency functions of the Corps of Engineers is supplemental to the
efforts ofthe community. Such actions must be in accordance with both
Federal and municipal authorities. Corps response must be restricted to
requests for assistancereceived from an appropriate state official. Each
request must be considered on its own merits. The factors in each case
may vary, but the following shouldbe included in the evaluation.
(a) Whether the criteria required by the law and outlined in Sec.
214.6 have been met.
(b) The extent of state and local efforts to provide clean drinking
water and their capability to do so. Corps efforts to provide temporary
supplies ofdrinking water must be limited to measures clearly beyond the
resources reasonably available to the state and locality.
(c) The adequacy of the state or local community agreement to
mutually participate with the Federal government, on terms determined
advisable by theChief of Engineers, or his delegate, which must include
the following:
(1) To provide, without cost to the United States, all lands,
easements, and rights-of-way necessary for the authorized work.
(2) To hold and save the United States free from damages in
connection with the authorized work other than negligence attributable
to the United Statesor its contractor.
(3) To maintain and operate in a manner satisfactory to the Chief of
Engineers all installed work during the emergency.
(4) To remove when determined feasible by the district engineer, at
no cost to the Federal government, the installed equipment at the end of
theemergency and return it to the Corps of Engineers.
(5) As soon as possible to actively initiate measures required to
resolve the emergency situation.
(d) The provision of water quality statements with the request, and
the identification of the threat to public health and welfare as
determined byrecognized authorities such as the State Health Department,
Environmental Protection Agency, or recognized commercial laboratory.
(e) The identification of the affected area as a legally recognized
governmental body or public entity that exercises a measure of control
in thecommon interest of the inhabitants.
Sec. 214.10 Types of assistance.
The temporary emergency supplies of clean drinking water may be
provided through such actions as:
(a) The use of water tank trucks to haul clean drinking water from a
nearby known safe source to water points established for local
distribution.
(b) Procurement and distribution of bottled water.
(c) Laying of temporary above ground water lines from a nearby safe
source of water to the affected community where water points for local
distributioncan be established.
(d) Installation of temporary filtration.
Sec. 214.11 Costs.
Costs incurred by the Corps of Engineers in furnishing emergency
supplies of clean drinking water are chargeable to Pub. L. 84-99
funds,96X3125, Code 910-400 and repayment by the community generally
will not be required. Costs of necessary measures for the
decontamination of thewater supply source are the responsibility of
local governments and are not authorized under Pub. L. 84-99.
[[Page 201]]
PART 220_DESIGN CRITERIA FOR DAM AND LAKE PROJECTS--Table of Contents
Sec. 220.1 Low level discharge facilities for drawdown of impoundments.
(a) Purpose. This regulation states the policy, objectives, and
procedures in regard to facilities for drawdown of lakes to be impounded
by CivilWorks projects.
(b) Applicability. This regulation is applicable to all Divisions
and Districts having responsibility for design of Civil Works projects.
(c) Policy. It is the policy of the Chief of Engineers that all
future lakes impounded by Civil Works projects be provided with low
leveldischarge facilities to meet the criteria for drawdown set forth in
this ER. Low level discharge facilities, capable of essentially emptying
the lake,provide flexibility in future project operation for
unanticipated needs, such as, major repair of the structure,
environmental controls or changes inreservoir regulation. The criteria
set forth in this ER will govern in the majority of impoundment
projects. However, it may be impracticable to providethe drawdown
capability to meet the criteria for certain projects because of their
size (unusually small or large) or because of their unique function.Such
projects may be exempt from the criteria upon presentation of
information in accordance with paragraph (e) of this section.
(d) Design criteria. As a minimum, low level discharge facilities
will be sized to reduce the pool, within a period of four months, to the
higherof the following pool levels: (1) A pool level that is within 20
feet of the pre-project ``full channel'' elevation, or (2) a pool level
whichwill result in an amount of storage in the reservoir that is 10
percent of that at the beginning pool level. The beginning pool level
for drawdown will beassigned at spillway crest for uncontrolled
spillways and at top of spillway gates for controlled spillways. Inflow
into the lake during the drawdownperiod will be developed by obtaining
the average flow for each month of the year. The drawdown period inflow
will then be assumed equivalent to theaverage flow of the highest
consecutive four-month period.
(e) Design Study and Report Requirements. Feasibility (survey)
reports and subsequent pertinent design memoranda should include the
results ofstudies made to determine facilities required for drawdown of
impoundments. The discharge capacity required to satisfy project
purposes and diversionrequirements during construction may be sufficient
to meet the drawdown criteria set forth in paragraph (d) of this
section. Where additional capacity isrequired, studies will be made to
determine the most practical and economical means of increasing the
capacity to meet the drawdown criteria. A synopsis ofthe alternatives
considered and details of the recommended plan should be included in the
Phase II General Design Memorandum or a feature designmemorandum. The
reporting should include the effects of the required discharge capacity
on project costs, on existing downstream projects, and on thepotential
for downstream damage. When, due to specific project conditions, a
drawdown capacity is recommended which does not meet the criteria set
forth inparagraph (d) of this section, the following information should
be presented:
(1) The drawdown period using the maximum drawdown capability of the
proposed project facilities, under the situation described in paragraph
(d) ofthis section. Information should be included on the pool elevation
and corresponding storage volume at end of the period.
(2) Information on facilities that would be required to meet the
design criteria for drawdown, including the estimated first cost and
annual cost ofthese facilities. If the estimated cost for such
facilities is significantly greater than for the proposed project
facilities, similar information onintermediate facilities should be
provided.
Reporting subsequent to the Phase I General Design Memorandum should
include related discharge rating curves; hydrographs with inflow,
outflow andpool stage plots; lake regulation plans needed for project
purposes and needed to satisfy the drawdown criteria; and
[[Page 202]]
other data essential inevaluating the study.
(49 Stat. 1571, 33 U.S.C. 701c)
[40 FR 20081, May 8, 1975, as amended at 40 FR 36774, Aug. 22, 1975]
PART 221_WORK FOR OTHERS--Table of Contents
Sec.
221.1 Investigation and supervision of hydropower projects under the
Federal Power Act (ER 1140-2-4).
Appendix A to Part 221--Part 16-Procedures Relating to Takeover and
Relicensing of Licensed Projects
Appendix B to Part 221--Federal Energy Regulatory Commission Form L-3
(Revised October 1975)
List of FPC Standard Articles Forms Used in Permits and Licenses for
Hydroelectric Projects
Authority: Secs. 2 and 4(e) of the Federal Power Act of 1920 (41
Stat. 1603, 16 U.S.C. 791-823), as amended; sec. 10 of the River
andHarbour Act of 1899 (30 Stat. 1151, 33 U.S.C. 403); and sec. 404 of
Federal Water Pollution Control Act Amendments of 1972 (86 Stat. 816, 33
U.S.C. 1344)
Source: 43 FR 4979, Feb. 7, 1978, unless otherwise noted.
Sec. 221.1 Investigation and supervision of hydropower projects under the Federal Power Act (ER 1140-2-4).
(a) Purpose. This regulation \1\ establishes procedures for
executing Corps of Engineers functions under the authority of the
FederalPower Act (FPA) administered by the Department of Energy, Federal
Energy Regulatory Commission (FERC), formerly Federal Power Commission.
Based on aspecific request from FERC, these functions include:
---------------------------------------------------------------------------
\1\ This regulation supersedes ER 1140-2-4, 8 December 1967, and ER
1140-2-2, 10 September 1965.
---------------------------------------------------------------------------
(1) Investigation of applications filed with FERC for permits and
licenses, and for relicensing of projects to ascertain impacts on Corps
of Engineersresponsibilities.
(2) Investigation of applications for surrender or termination of
license to ascertain impacts on Corps of Engineers responsibilities.
(3) Supervision and inspection of operations of licensed
hydroelectric projects to ascertain impacts on Corps of Engineers
responsibilities.
(b) Applicability. This regulation applies to all field operating
agencies having Civil Works responsibilities.
(c) References. (1) Federal Power Commission publication entitled
``Federal Power Act'', as amended, dated 1 April 1975. The Act
wasoriginally enacted 10 June 1920 (41 Stat. 1063, 16 U.S.C. 791-823).
This publication can be obtained from the U.S. Government Printing
Office,Washington, D.C. 20402.
(2) Code of Federal Regulations, Title 18, part 1 to 149 relating to
FERC General Rules and Regulations, available at the U.S. Government
PrintingOffice, Washington, D.C. 20402.
(3) ER 1145-2-303 (33 CFR 209.120),\2\ Permits for Activities in
Navigable Waters or Ocean Waters.
---------------------------------------------------------------------------
\2\ 33 CFR 209.120 was removed at 42 FR 37133, July 19, 1977.
---------------------------------------------------------------------------
(4) ER 1140-2-1, Submission of Data for Headwater Benefits
Determination.
(d) Definitions--(1) Licensed project. A non-Federal hydroelectric
project for which the FERC has issued a license granting authorityfor
either construction, in the case of a proposed project, or for continued
operation and maintenance of an existing project.
(2) Major projects. Hydroelectric projects with more than 2,000
horsepower installed capacity.
(3) Minor projects. Hydroelectric projects having installed capacity
of 2,000 horsepower or less.
(4) Preliminary permit application. An application filed by a non-
Federal entity with the FERC as a preliminary step in anticipation of
filingfor a license to construct and operate a hydroelectric project. A
preliminary permit does not authorize construction. It merely gives the
permitteepriority of application for a FERC license over other non-
Federal entities for a period of time. The permittee then develops
information necessary forinclusion in an application for license to
construct and operate a hydroelectric project. Analysis of this
information may result in a decision to applyfor the license or to
withdraw the intent.
(5) Relicensing. A procedure applicable to projects for which the
original period of license (usually 50 years) will
[[Page 203]]
expire or has expiredand application for new license has been or will be
filed with the FERC.
(6) Take over. An act whereby the Federal government assumes project
ownership. Upon expiration of a license for a hydroelectric project,
theUnited States, under certain specific conditions set forth in section
14 of the Federal Power Act may ``take over'', maintain and operate
theproject. This does not apply to any project owned by a State or local
government. Take over procedures are not applicable to
``MinorProjects.''
(e) Authorities. The Federal Power Act as amended delegates to the
Secretary of the Army, the Chief of Engineers and the Corps of
Engineerscertain functions necessary for the FERC's administration of
the Act. Implementation was provided through instructions issued by the
President in a letterdated 18 May 1931 to the Secretary of War. These
functions are set forth in the following excerpts from the Act:
(1) Section 2 of the Act provides in part that:
The Commission may request the President to detail an officer or
officers from the Corps of Engineers, or other branches of the United
States Army toserve the Commission as engineer officer or officers * *
*.
(2) Section 4(e) of the Act provides in part that:
The Commission is hereby authorized and empowered * * * to issue
licenses to citizens of the United States, or to any associations of
suchcitizens, or to any corporation organized under the laws of the
United States or any State thereof, or to any State or municipality for
the purpose ofconstruction, operating, and maintaining dams, water
conduits, reservoirs, powerhouses, transmission lines, or other project
works necessary or convenientfor the development and improvement of
navigation and for the development, transmission, and utilization, of
power across, along, from or in any of thestreams or other bodies of
water over which Congress has jurisdiction * * *.
* * *Provided that no license affecting the navigable capacity of
any navigable water of the United States shall be issued until the
plansof the dam or other structures affecting navigation have been
approved by the Chief of Engineers and the Secretary of the Army.
(f) Investigation of application for permits, licenses, or
relicensing of projects. Upon referral by the FERC, the Chief of
Engineers will assignthe investigation of an application for permit,
license or relicensing to the appropriate Division Engineer who will
submit a report on the investigationas specified herein to HQDA (DAEN-
CWE-HY) WASH DC 20314 (exempt from reports control, Paragraph 7-2y, AR
335-15). The investigation should becoordinated with all interested
organization elements including Engineering, Construction/Operations,
Planning and Office of the Counsel. The date that thereport is to be
submitted will be specified. The nature of investigation and report by
the Division Engineer will depend upon the nature of the requestfrom the
FERC. In general, reports as appropriate for the type of application
filed with the Commission will consider the following items as pertinent
andwill include recommendation of pertinent license provisions:
(1) License applications. (i) The effect of the project on
navigation and flood control, including adequacies of the plans of the
structuresaffecting navigation. Section 4(e) of the Federal Power Act
provides for approval of plans for hydroelectric power projects as noted
in paragraph (e)(2) ofthis section. Section 4(e) approval normally will
obviate the need for a Department of Army permit under section 10 of the
1899 River and Harbor Act. Thebasis for Corps approval under section
4(e) will be limited to effects on navigation; however, section 4(e)
does not obviate the need for a Department ofthe Army permit pursuant to
section 404 of the Federal Water Pollution Control Act (see paragraph
(i)(2)) of this section. Such a permit is subject to afull public
interest review pursuant to 33 CFR part 320 and the application of the
Environmental Protection Agency's guidelines in 40 CFR part 230.
(ii) Recommendations for license provisions required to protect the
interest of navigation. This item is discussed under paragraphs 7, 8 and
9.
(iii) Consideration of the project in relation to a comprehensive
plan for developing the basin water resources from the standpoint of the
Corps ofEngineers' programs and responsibilities.
[[Page 204]]
Specific references should be made to pertinent published Congressional
documents containing results ofstudies and/or to Congressional
resolutions directing studies to be made to provide identification.
(iv) Consideration of environmental aspects of a project as related
to navigation and flood control matters or other specific Corps
interests andresponsibilities in particular cases.
(v) The matter of possible redevelopment of an existing project to
improve the usefulness of the project in relation to the objectives of
the Corpsprogram in the basin. In the case of an unconstructed project,
based on request from the Commission, a recommendation along with
justification, should beincluded as to whether or not development should
be undertaken by the United States.
(vi) Consideration of structural safety and adequacy of spillway
design flood for FERC licensed projects are the responsibility of the
FERC. The DamSafety Act, Pub. L. 92-367 provides that dams constructed
pursuant to license issued under the authority of Federal Power Act are
specificallyexempted from the Corps National inspection program. This
does not preclude the Corps District and Division offices from making
comments on licenseapplications for the FERC information, about any
design deficiencies that are brought to their attention.
(2) Relicensing (new license) application. (i) Consider paragraphs
(f) (1) through (6) of this section.
(ii) Recommendations should be furnished to the FERC with respect to
possible need for ``take over'' of a project by the FederalGovernment.
Details on ``take over'' under the Federal Power Act are provided in
part 16 of the CFR, Title 18 (part 1 to 149). A copy of part16 is
provided for ready reference in Appendix A of this part.
(iii) FERC Preliminary Permit Application. Consider appropriate
recommendations to insure coordination of applicant's studies with the
Division orDistrict Engineer in cases where responsibilities and
interests of the Corps of Engineers would be affected. The report should
include discussion of Corpsinterests which could result in
recommendations for provisions to be included in a subsequent license.
In general proposed construction of power facilitiesat or in conjunction
with a Corps reservoir project will be reviewed with the objective of
recommending design, construction and operation factors that
theapplicant must consider in its studies in order for the proposed
power development to be compatible, physically and economically, with
the authorizedfunction of the Corps project(s).
(g) Terms and conditions for insertion in FERC permits and licenses.
In investigation of an application for FERC license or permit,
considerationwill be given to aspects of the project affecting
authorized functions of the Corps as well as to the responsibilities
assigned to the Corps by the FederalPower Act. Accordingly, the Division
engineer in his report on an application to the Chief of Engineers will
always consider the necessity for including inany license or permit
terms and conditions to protect the interests of navigation.
Recommendations involving other responsibilities of the Corps in thearea
of water control management such as flood control, low flow augmentation
minimum instantaneous releases, and other purposes should also be
considered.
(h) Standard terms and conditions used by the FERC in its permits
and licenses. Appendix B to this Regulation includes standard terms
andconditions used by the FERC in licenses for projects affecting
navigable waters of the U.S. The standard articles, included in Appendix
B, are identifiedby the FERC in the following Forms:
(1) Form L-3 (Revised October 1975)
Terms and Conditions of License for Constructed Major Project
Affecting Navigable Waters of the United States.
(2) Form L-4 (Revised October 1975)
Terms and Conditions of License for Unconstructed Major Project
Affecting Navigable Waters of the United States.
Any special terms and conditions pertaining to the Corps of Engineers
responsibilities, in addition to those identifed in Appendix B should
betailored to suit the situation involved. Appendix B also provides a
list of other FERC standard articles Forms that could be obtained from
FERC offices.
[[Page 205]]
(i) Distinction between Corps of Engineers and FERC jurisdiction
with respect to non-Federal Hydroelectric projects. (1) The
followingprocedures are currently being followed in connection with
Department of Army permit responsibilities involving pre-1920
legislation:
(i) In regard to FERC licensing of projects, Corps responsibilities
under section 10 of the River and Harbor Act of 1899, for power related
activities,may normally be met through the FERC licensing procedure
including insertion of terms and conditions in the license of the
interest of navigation. Section4(e) of the Federal Power Act provides
for approval of plans of project works by the Chief of Engineers and
Secretary of the Army from the standpoint ofinterests of navigation. The
consideration for our approval under section 4(e) will be limited to
effects of project power related activities onnavigation.
(ii) Applications to Corps Divsion or District Engineers for
approval of repairs, maintenance or modification of non-Federal water
power projectsauthorized under River and Harbor Acts as well as special
Acts of Congress prior to 1920, or requests for advice with respect
thereto should be referred tothe FERC for consideration in accordance
with the provisions of the Federal Power Act. The permittee should be
advised that the application is beingreferred to the FERC for
consideration and that if a FERC license is required Corps
recommendations will be furnished to the FERC.
(2) Responsibilities under section 404 of the Federal Water
Pollution Control Act as amended in 1972 (33 U.S.C. 1151) pertinent to
discharge of dredgedor fill material into the navigble waters at
specified disposal sites will be met only through the Department of Army
permit procedures as specified in ER1145-2-303. In regard to FERC cases
involving section 404, our report to the FERC through (DAEN-CWE-HY) will
specify the need for aDepartment of Army permit (section 404) if, on the
basis of the Division and District Engineers' reports, such permit is
deemed necessary. A Department ofthe Army permit will be required for
any portion of a proposed project which involves the discharge of
dredged or fill material into the waters of theUnited States. This
includes the placement of fill necessary for construction of a project's
dam and appurtenant structures.
(3) When applicable, FERC will be advised that the requirement for
Department of the Army permit pursuant to section 103 of the Marine
Protection,Research and Sanctuaries Act of 1972 for the transport of
dredged material from the project site for the purpose of dumping it
into the ocean waters willbe met only through the Department of the Army
permit program.
(4) In connection with FERC licensed projects there may be proposed
non-power water oriented activities, such as recreational development,
which areassociated with the overall project but may not be a part of
the hydroelectric power facilities at the project. Such cases, if
involving navigable watersshould be reviewed from the standpoint of need
for a section 10 permit. Such section 10 permit actions would involve
consideration of the overall publicinterest, including water quality,
fish and wildlife, recreation, general environmental concerns and the
needs and welfare of the people. Corpsresponsibilities for permit
requirements under section 10 of the River and Harbor Act of 1899 for
nonpower activities affecting navigable waters at theFERC projects will
be met only through the Corps permit procedures. The Corps' report to
FERC through (DAEN-CWE-HY) will specify the need for such permitwhen
recommended by the Division and District Engineers' report.
(j) Investigation of applications for surrender or termination of
license. The period of the FERC license for hydroelectric projects is
usually50 years. During and/or upon the expiration of the period of a
license, a licensee may file with the FERC an application for surrender
or termination ofits license. These applications may encompass requests
for physical removal of an existing dam and/or powerhouse structures
from a stream. DivisionEngineers who would be assigned by the Chief of
Engineers to review such applications will consider, in their review and
report to DAEN-CWE-HY, thepossibility that sediment discharge resulting
from removal of a dam structure from a navigable river or from any site
that may
[[Page 206]]
affect navigable waterswould impair the anchorage and navigation and/or
flood carrying capacity of the stream. In cases where there is a
possibility of significant downstreamshoaling (sedimentation) as the
result of removal of a dam and its appurtenant structures,
recommendation may be made to the FERC, through DAEN-CWE-HY,requiring
licensee as a condition of approval of dam removal to agree to bear the
expense for removal of any shoaling at the navigable river(s) which
wouldbe determined by the Corps to be detrimental to navigation. Other
recommendations to be considered include gradual lowering of a dam over
a period of timeand/or possibility of sediment removal prior to dam
removal. It should also be noted that a Department of the Army permit
under section 404 of the FederalWater Pollution Control Act amendments
of 1972 (33 U.S.C. 1151), as discussed in Paragraph 9b of this
regulation, may be needed in connection with removalof dams on or
affecting the navigable waters if a discharge of dredged or fill
material also occurs during the removal operation. Other
recommendationswithin the Corps authority that should be considered in
reviewing applications for surrender or termination of licenses for
projects where their powerfacilities have been removed, or recommended
for removal, is that upon any approval of such application by the FERC,
continuation of existence of thenonpower project on or affecting the
navigable waters of the U.S. will require a Department of the Army
permit in compliance with section 10 of the Riverand Harbor Act of 1899.
Furthermore, it should be noted that in the absence of FERC nonpower use
license, pursuant to 16 U.S.C. 808(b), the structuralsafety and
maintenance of dam and reservoir for a nonpower project will be governed
by the laws and regulations of the State in which the project islocated.
(k) Supervision and inspection of operation of licensed
hydroelectric projects. Corps Division and District Engineers
responsibilities withrespect to any project affecting navigable waters
include surveillance of operation and maintenance to insure that the
interests of navigation are notadversely affected. In addition, in
certain cases the Corps, at the request of the FERC, may act as agent
for the FERC for overall supervision of projectoperation and
maintenance. Corps Division Engineers have, in the past, represented the
FERC in supervision and inspection of a number of FERC licensedprojects
within their respective divisions. The Commission by letter dated March
4, 1976 relieved the Corps of Engineers from acting as the
Commission'srepresentative for supervision and inspection of its
licensed projects. This responsibility has been transferred by the
Commission to its own regionalengineers. There are no requirements for
any periodic or annual reports from the Division offices regarding the
operation of FERC licensed hydroelectricprojects. However, Division
Engineers will report to DAEN-CWE-HY on a current basis any significant
detrimental effects with respect to Corps of Engineersresponsibilities
or other matters which come to their attention.
(l) Safety of licensed hydroelectric projects. The Dam Safety Act,
Public Law 92-367, provides that dams constructed pursuant to
licensesissued under the authority of the Federal Power Act are
specifically exempted from the national inspection program administered
by the Corps. However, thelaw further provides that the Secretary of the
Army upon request of the FERC may inspect dams which have been licensed
under the Federal Power Act. TheCommission by letter dated August 29,
1972 informed the Corps that the Commission does not expect to request
the Corps' assistance for inspecting theprojects licensed under the
Federal Power Act.
(m) Supervision of construction of licensed hydroelectric projects.
In cases where the FERC may request the Corps to supervise the
actualconstruction of licensed hydroelectric project on behalf of the
Commission, instructions will be furnished to the appropriate District
Engineer through theDivision Engineer at the time the request is made.
(n) Other investigation under the Federal Power Act. Corps of
Engineers operations under the Federal Power Act also include
participation in FERCprocedures in determining headwater benefits from
Corps reservoir projects
[[Page 207]]
(RCS, 1461-FPC). This matter is discussed in ER1140-2-1.
(o) Funding of operations under the Federal Power Act. (1) The
salaries of the Corps of Engineers personnel involved in investigations
discussedherein will be charged against funds for ``Special
Investigations'' under the appropriation for ``General Expenses.'' The
FERC mayprovide reimbursement if requested by the Chief of Engineers to
cover the nonpersonal expenses which may be incurred in the
investigation and supervisionof projects under permits and licenses.
(2) Non-personal costs amounting to less than $100 for any single
investigation will not be reimbursed from the Commission funds but will
be chargedalso to ``Special Investigations'' under the appropriations
for ``General Expenses.'' Each Division Engineer charged with adetailed
investigation of an application for license or the supervision of a
project that will require more than a nominal amount of nonpersonal
costs willbe specifically requested to submit an estimate of the funds
required upon assignment of the work by the Chief of Engineers.
(3) Reimbursement from the FERC funds for nonpersonal costs in
excess of $100 will be made by the Chief of Engineers upon submission of
a voucher onStandard Form 1080 by the District Engineer through the
Division Engineer. The voucher will show the fiscal year during which
the work was done and theCommission project number on which the money
was spent.
Sec. Appendix A to Part 221--Part 16-Procedures Relating to Takeover and
Relicensing of Licensed Projects
Sec.
16.1 Purpose and coverage.
16.2 Public notice of projects under expiring license.
16.3 When to file.
16.4 Notice upon filing of application.
16.5 Annual licenses.
16.6 Applications for new license for projects subject to sections 14
and 15 of the Federal Power Act and all other major projects.
16.7 Application for nonpower license.
16.8 Departmental recommendations for takeover.
16.9 Commission recommendation to Congress.
16.10 Motion for stay by Federal department or agency.
16.11 Procedures upon congressional authorization of takeover.
16.12 Renewal of minor or minor part licenses not subject to sections 14
and 15.
16.13 Acceptance for filing or rejection of application.
Authority: Federal Power Act, secs. 7(c), 14, 15, 309 (16 U.S.C.
800, 807, 808, 825h.
Source: Order 141, 12 FR 8461, Dec. 19, 1947; as amended by Order
175, 19 FR 5212, Aug. 18, 1954; Order 260, 28 FR 814, Jan. 11, 1963; 28
FR1680, Feb. 21, 1963; 28 FR 2270, Mar. 8, 1963; Order 288, 29 FR 14106,
Oct. 14, 1964; Order 384, 34 FR 12269, July 25, 1969 and as otherwise
noted.)
Sec. 16.1 Purpose and coverage.
This part implements the amendments of sections 7(c), 14, and 15 of
part I of the Federal Power Act, as amended, enacted by Public Law 90-
451,82 Stat. 616, approved August 3, 1968. It applies to projects
subject to sections 14 and 15 of the Federal Power Act including
projects for which anonpower license may be issued. Procedures are
provided for the filing of applications for either power or nonpower
licenses for projects whose licensesare expiring. A license for a power
project issued to either the original licensee or another licensee is
referred to in this part as a ``newlicense'' and a license for a
nonpower project as a ``non-power license''. Also provided are
procedures for the filing of recommendationsfor takeover by Federal
departments or agencies and applications for renewal of licenses not
subject to section 14.
Sec. 16.2 Public notice of projects under expiring license.
In order that there should be adequate notice and opportunity to
file timely applications for a license the Commission's Secretary will
give notice ofthe expiration of license of a project (except
transmission line and minor projects) 5 years in advance thereof in the
same manner as provided in section4(f) of the Act. The Secretary shall
upon promulgation of the rules herein give notice, as provided in
section 4(f) of the Act, of all whose license termshave expired since
January 1, 1968, or which will expire within 5 years of the effective
date of this rule. In addition, the Commission each year willpublish in
its annual report and in the Federal Register a table showing the
projects which will expire during the succeeding 5 years. The table
willlist these licenses according to their expiration dates and will
contain the following information: (a) License expiration date; (b)
licensee's name; (c)project number; (d) type of principal project works
licensed, e.g., dam and reservoir, powerhouse, transmission lines; (e)
location by State, county,
[[Page 208]]
and stream; also by city or nearby city when appropriate; and (f) plant
installed capacity.
Sec. 16.3 When to file.
(a) An existing licensee must file an application for a ``new
license'' or ``nonpower license'' or a statement of intention notto file
an application for a ``new license'' no earlier than 5 years and no
later than 3 years prior to the expiration of its license, exceptthat,
where the license will expire within 3\1/2\ years of the issuance of
this part, such applications or statements shall be filed within 6
months fromthe effective date of this part. Applicants which have
applications pending which were filed under previous Commission
regulations shall supplement theirapplications in accordance with
pertinent provisions of this part within 6 months of the effective date
of this part.
(b) Any other person or municipality may file an application for a
``new license'' or ``non-power license'' within 5 years ofthe expiration
of the license, but in no event, unless authorized by the Commission,
later than 6 months after issuance of notice of the filing of
anapplication or statement by the licensee under Sec. 16.4 or 2\1/2\
years before the expiration of the license, whichever is earlier.
(c) Any application submitted after the expiration of the time
specified herein for filing must be accompanied by a motion requesting
permission tofile late, which motion shall detail the reasons of good
cause why the application was not timely filed and how the public
interest would be served by itsconsideration.
Sec. 16.4 Notice upon filing of application.
When any timely application or statement within the meaning of Sec.
16.3 is received, or when the Commission grants any motion
forconsideration of a late filed application, notice of receipt thereof
will be furnished the applicant, and public notice will be given in the
same manner asprovided in sections 4(f) and 15(b) of the Act (49 Stat.
838; 41 Stat. 1072; 82 Stat. 616; 16 U.S.C. 797, 808) Sec. Sec. 1.37
and 2.1 of thischapter, the Fish and Wildlife Coordination Act, 48 Stat.
401, as amended, 16 U.S.C. 661 et seq., and by publication in the
Federal Register.
Sec. 16.5 Annual licenses.
No application for annual license need be filed nor will such
application be accepted under section 15 of the Act. An existing
licensee making timelyfiling for a new license will be deemed to have
filed for an annual license. If the Commission has not acted upon an
application by licensee for a newlicense at the expiration of the
license terms, by the issuance of an order granting, denying or
dismissing it, an annual license shall be issued by noticeof the
Secretary.
Sec. 16.6 Applications for new license for projects subject to sections
14 and 15 of the Federal Power Act and all other majorprojects.
(a) Each application for a new license hereunder shall conform in
form to Sec. 131.2 of this chapter, and shall set forth in
appropriatedetail all information and exhibits prescribed in Sec. Sec.
4.40 through 4.42 of this chapter, inclusive and in Sec. 4.51 of
thischapter, as well as additional information specified in paragraphs
(b) through (e) of this section, except that Exhibit A may be
incorporated in anapplication by reference where one applicant files
applications for several projects, one of which already contains an
Exhibit A or in any case whereapplicant has filed an Exhibit A within 10
years preceding the filing of the application, and that Exhibits N and O
as specified in Sec. 4.41 ofthis chapter need only be filed as provided
in paragraph (c) of this section. An original and fourteen conformed
copies of the application and allaccompanying exhibits shall be
submitted to the Commission plus one additional conformed copy for each
interested State Commission.
(b) An application for a ``new license'' hereunder shall include a
statement showing the amount which licensee estimates would be payableif
the project were to be taken over at the end of the license term
pursuant to the provisions of sections 14 and 15 of the Federal Power
Act. Thisstatement shall include estimates of: (1) Fair value; (2) net
investment; and (3) severance damages. (This subsection is not
applicable to State,municipal, or nonlicensee applicants.)
(c) If the applicant proposes project works in addition to those
already under license, the maps, plans, and descriptions of the project
works (Exs. I,J, L and M) shall distinguish the project works of parts
thereof which have been constructed from those to be constructed.
Exhibits N and O shall also beincluded in the application relating to
new construction.
(d) Applicant shall furnish its plans for the future modification or
redevelopment of the project, if any, and shall set forth in detail
whytechnically feasible, additional capacity is not proposed for
installation at the time of relicensing.
(e) Applicant shall file a statement on the effect that takeover by
the United States or relicensing to another applicant would have upon
the supply ofelectric energy to the system with which it is
interconnected, the rates charged its customers, the licensee's
financial condition, and taxes collected bylocal, State, and Federal
Governments. (This subsection is not applicable to State, municipal or
nonlicensee applicants.)
Sec. 16.7 Application for nonpower license.
Each application for ``non-power license'' shall generally follow
the form prescribed in Sec. 131.6 of this chapter, except
forsubsections 7 and 8 thereof. It shall be accompanied by
[[Page 209]]
Exhibits K, L, R, and S prepared as described in section 4.41, and shall
include theinformation specified in paragraphs (a) through (c) of this
section. Unless otherwise specified, an original and 14 conformed copies
of the application andall accompanying exhibits shall be submitted with
one additional conformed copy for each interested State commission.
Additional information may berequested by the Commission if desired.
(a) Applicant shall furnish a description of the nonpower purpose
for which the project is to be utilized and a showing of how such use
conforms with acomprehensive plan for improving or developing a waterway
or waterways for beneficial uses, including a statement of the probable
impact which conversionof the project to nonpower use will have on the
power supply of the system served by the project.
(b) Applicant shall identify the State, municipal, interstate or
Federal agency, if any, which is authorized or willing to assume
regulatorysupervision over the land, waterways and facilities to be
included within the nonpower project. (If there is such an agency,
applicant shall foward onecopy of the application to such agency.)
(c) Applicant shall submit a proposal for the removal or other
disposition of power facilities of the project.
A ``non-power license'' shall be effective until such time as in the
judgement of the Commission a State, municipal, interstate, orFederal
agency is authorized and willing to assume regulatory supervision over
the land, waterways, and facilities included within the ``non-
powerlicense'' or until the project structures are removed. Such State,
municipal, interstate or Federal agency may petition the Commission
fortermination of a ``non-power license'' at any time. Where the
existing project is located on the public lands or reservations of the
UnitedStates, and there is no application for relicensing as a power
project either by the original licensee, or some other entity, or a
takeover recommendation,the Commission may, in its discretion, and upon
a showing by the agency having jurisdiction over the lands or
reservations that it is prepared to assumerequisite regulatory
supervision for the nonpower use of the project, terminate the
proceeding without issuing any license for nonpower use.
Sec. 16.8 Departmental recommendations for takeover.
A recommendation that the United States exercise its right to take
over a project may be filed by any Federal department or agency no
earlier than 5years and no later than 2 years prior to the expiration of
the license term; Provided, however, That such recommendation shall not
be filed laterthan 9 months after the issuance of a notice of
application for a new license. Departments or agencies filing such
recommendations shall thereby becomeparties to the relicensing-takeover
proceeding. An original and 14 copies of the recommendation shall be
filed together with one additional copy for eachinterested State
commission. The recommendation shall specify the project works which
would be taken over by the United States, shall include a
detaileddescription of the proposed Federal operation of the project,
including any plans for its redevelopment and shall indicate how
takeover would serve thepublic interest as fully as non-Federal
development and operation. It shall also include a statement indicating
whether the agency making therecommendation intends to undertake
operation of the project. A copy of the recommendation shall be served
upon the licensee by the Commission's Secretary.Any applicant for a new
license covering all or part of the project involved in the takeover
recommendation shall have 120 days within which to serve areply to the
recommendation upon the Commission with copies to any parties in the
proceeding.
Sec. 16.9 Commission recommendation to Congress.
If the Commission, after notice and opportunity for hearing,
concludes upon departmental recommendation, a proposal of any party, or
its own motion,that the standards of section 10(a) of the Act would best
be served if a project whose license is expiring is taken over by the
United States, it willissue its findings and recommendations to this
effect, and after any modification thereof, upon consideration of any
application for reconsideration, madein conformity with the provisions
of Sec. 1.34 of this chapter governing applications for rehearing,
forward copies of its findings andrecommendations to the Congress.
Sec. 16.10 Motion for stay by Federal department or agency.
If the Commission does not recommend to the Congress that a project
be taken over, a Federal department or agency which has filed a
timelyrecommendation for takeover as provided in this part may, within
thirty (30) days of issuance of an order granting a license, file a
motion, with copies tothe parties in the proceeding, before the
Commission requesting a stay of the license order. Upon the filing of
such a motion, the license orderautomatically will be stayed for 2 years
from the date of issuance of the order, unless the stay is terminated
earlier upon motion of the department oragency requesting the stay or by
action of Congress. The Commission will notify Congress of any such
stay. Upon expiration or termination of the stay,including any extension
thereof by act of Congress, the Commission's license order shall
automatically become effective in accordance with its terms.
TheCommission will notify Congress of each license order
[[Page 210]]
which has become effective by reason of the expiration or termination of
a stay.
Sec. 16.11 Procedures upon congressional authorization of takeover.
A determination whether or not there is to be a Federal takeover of
a project would ultimately be made by Congress through the enactment of
appropriatelegislation. If Congress authorizes takeover, the Secretary
will immediately give the Licensee not less than 2 years' notice in
writing of such action.Within 6 months of issuance of such notice the
Licensee shall present to the Commission any claim for compensation
consistent with the provisions ofsection 14 of the Federal Power Act and
the regulations of the Commission.
Sec. 16.12 Renewal of minor or minor part licenses not subject to
sections 14 and 15.
Licenses whose minor or minor part licenses are not subject to
sections 14 and 15 of the Act and wish to continue operation of the
project after theend of the license term shall file an application for a
``new license'' 1 year prior to the expiration of their original license
in accordancewith applicable provisions of part 4 of this chapter.
Sec. 16.13 Acceptance for filing or rejection of application.
Acceptance for filing or rejection of applications under this part
shall be in accordance with the provisions of Sec. 4.31 of this
chapter.
Sec. Appendix B to Part 221--Federal Energy Regulatory Commission Form
L-3 (Revised October 1975)
terms and conditions of license for constructed major project affecting
navigable waters of the united states
Article 1. The entire project, as described in this order of the
Commission, shall be subject to all of the provisions, terms, and
conditions ofthe license.
Article 2. No substantial change shall be made in the maps, plans,
specifications, and statements described and designated as exhibits
andapproved by the Commission in its order as a part of the license
until such change shall have been approved by the Commission: Provided,
however,That if the Licensee or the Commission deems it necessary or
desirable that said approved exhibits, or any of them, be changed, there
shall be submitted tothe Commission for approval a revised, or
additional exhibit or exhibits covering the proposed changes which, upon
approval by the Commission, shall becomea part of the license and shall
supersede, in whole or in part, such exhibit or exhibits theretofore
made a part of the license as may be specified by theCommission.
Article 3. The project area and project works shall be in
substantial conformity with the approved exhibits referred to in Article
2 herein or aschanged in accordance with the provisions of said article.
Except when emergency shall require for the protection of navigation,
life, health, or property,there shall not be made without prior approval
of the Commission any substantial alteration or addition not in
conformity with the approved plans to anydam or other project works
under the license or any substantial use of project lands and waters not
authorized herein; and any emergency alteration,addition, or use so made
shall thereafter be subject to such modification and change as the
Commission may direct. Minor changes in project works, or inuses of
project lands and waters, or divergence from such approved exhibits may
be made if such changes will not result in a decrease in efficiency, in
amaterial increase in cost, in an adverse environmental impact, or in
impairment of the general scheme of development; but any of such minor
changes madewithout the prior approval of the Commission, which in its
judgement have produced or will produce any of such results shall be
subject to such alterationas the Commission may direct.
Article 4. The project, including its operation and maintenance and
any work incidental to additions or alterations authorized by the
Commission,whether or not conducted upon lands of the United States,
shall be subject to the inspection and supervision of the Regional
Engineer, Federal PowerCommission, in the region wherein the project is
located, or of such other officer or agent as the Commission may
designate, who shall be the authorizedrepresentative of the Commission
for such purposes. The Licensee shall cooperate fully with said
representative and shall furnish him such information ashe may require
concerning the operation and maintenance of the project, and any such
alterations thereto, and shall notify him of the date upon which
workwith respect to any alteration will begin, as far in advance thereof
as said representative may reasonably specify, and shall notify him
promptly inwriting of any suspension of work for a period of more than
one week, and of its resumption and completion. The Licensee shall
submit to saidrepresentative a detailed program of inspection by the
Licensee that will provide for an adequate and qualified inspection
force for construction of anysuch alterations to the project.
Construction of said alterations or any feature thereof shall not be
initiated until the program of inspection for thealterations or any
feature thereof has been approved by said representative. The Licensee
shall allow said representative and other officers or employeesof the
United States, showing proper credentials, free and unrestricted access
to, through, and across the project lands and projects works in
theperformance of their
[[Page 211]]
official duties. The Licensee shall comply with such rules and
regulations of general or special applicability as the Commissionmay
prescribe from time to time for the protection of life, health, or
property.
Article 5. The Licensee, within five years from the date of issuance
of the license, shall acquire title in fee or the right to use in
perpetuityall lands, other than lands of the United States, necessary or
appropriate for the construction, maintenance, and operation of the
project. The Licensee orits successors and assigns shall, during the
period of the license, retain the possession of all project property
covered by the license as issued or aslater amended, including the
project area, the project works, and all franchises, easements, water
rights, and rights of occupancy and use; and none ofsuch properties
shall be voluntarily sold, leased, transferred, abandoned, or otherwise
disposed of without the prior written approval of the Commission,except
that the Licensee may lease or otherwise dispose of interests in
projects lands or property without specific written approval of the
Commissionpursuant to the then current regulations of the Commission.
The provisions of this article are not intended to prevent the
abandonment or the retirementfrom service of structures, equipment, or
other project works in connection with replacements thereof when they
become obsolete, inadequate, or inefficientfor further service due to
wear and tear; and mortgage or trust deeds or judicial sales made
thereunder, or tax sales, shall not be deemed voluntarytransfers within
the meaning of this article.
Article 6. In the event the project is taken over by the United
States upon the termination of the license as provided in Section 14 of
theFederal Power Act, or is transferred to a new licensee or to a non-
power licensee under the provisions of Section 15 of said Act the
Licensee, itssuccessors and assigns shall be responsible for, and shall
make good any defect of title to, or of right of occupancy and use in,
any of such projectproperty that is necessary or appropriate or valuable
and serviceable in the maintenance and operation of the project, and
shall pay and discharge, orshall assume responsiblity for payment and
discharge of, all liens or encumbrances upon the projects or project
property created by the Licensee or createdor incurred after the
issuance of the license: Provided, That the provisions of this article
are not intended to require the Licensee, for thepurpose of transferring
the project to the United States or to a new licensee, to acquire any
different title to, or right of occupancy and use in, any ofsuch project
property than was necessary to acquire for its own purposes as the
Licensee.
Article 7. The actual legitimate original cost of the project, and
of any addition thereto or betterment thereof, shall be determined by
theCommission in accordance with the Federal Power Act and the
Commission's Rules and Regulations thereunder.
Article 8. The licensee shall install and thereafter maintain gages
and stream-gaging stations for the purpose of determining the stage and
flowof the stream or streams on which the project is located, the amount
of water held in and withdrawn from storage, and the effective head on
the turbines;shall provide for the required reading of such gages and
for the adequate rating of such stations; and shall install and maintain
standard meters adequatefor the determination of the amount of electric
energy generated by the project works. The number, character, and
location of gages, meters, or othermeasuring devices, and the method of
operation thereof, shall at all times be satisfactory to the Commission
or its authorized representative. TheCommission reserves the right,
after notice and opportunity for hearing, to require such alterations in
the number, character, and location of gages,meters, or other measuring
devices, and the method of operation thereof, as are necessary to secure
adequate determinations. The installation of gages, therating of said
stream or streams, and the determination of the flow thereof, shall be
under the supervision of, or in cooperation with, the DistrictEngineer
of the United States Geological Survey having charge of stream-gaging
operations in the region of the project, and the Licensee shall advance
tothe United States Geological Survey the amount of funds estimated to
be necessary for such supervision, or cooperation for such periods as
may be mutuallyagreed upon. The Licensee shall keep accurate and
sufficient records of the foregoing determinations to the satisfaction
of the Commission, and shall makereturn of such records annually at such
time and in such form as the Commission may prescribe.
Article 9. The Licensee shall, after notice and opportunity for
hearing, install additional capacity or make other changes in the
project asdirected by the Commission, to the extent that it is
economically sound and in the public interest to do so.
Article 10. The Licensee shall, after notice and opportunity for
hearing, coordinate the operation of the project, electrically
andhydraulically, with such other projects or power systems and in such
manner as the Commission may direct in the interest of power and other
beneficialpublic uses of water resources, and on such conditions
concerning the equitable sharing of benefits by the Licensee as the
Commission may order.
Article 11. Whenever the Licensee is directly benefited by the
construction work of another licensee, a permittee, or the United States
on astorage reservoir or other headwater improvement, the Licensee shall
reimburse the owner of the headwater improvement for such part of the
annual chargesfor
[[Page 212]]
interest, maintenance, and depreciation thereof as the Commission shall
determine to be equitable, and shall pay to the United States the cost
ofmaking such determination as fixed by the Commission. For benefits
provided by a storage reservoir or other headwater improvement of the
United States, theLicensee shall pay to the Commission the amounts for
which it is billed from time to time for such headwater benefits and for
the cost of making thedeterminations pursuant to the then current
regulations of the Commission under the Federal Power Act.
Article 12. The United States specifically retains and safeguards
the right to use water in such amount, to be determined by the Secretary
of theArmy, as may be necessary for the purposes of navigation on the
navigable waterway affected; and the operations of the Licensee, so far
as they affect theuse, storage and discharge from storage of waters
affected by the license, shall at all time be controlled by such
reasonable rules and regulations as theSecretary of the Army may
prescribe in the interest of navigation, and as the Commission may
prescribe for the protection of life, health, and property,and in the
interest of the fullest practicable conservation and utilization of such
waters for power purposes and for other beneficial public uses,including
recreational purposes, and the Licensee shall release water from the
project reservoir at such rate in cubic feet per second, or such volume
inacre-feet per specified period of time, as the Secretary of the Army
may prescribe in the interest of navigation, or as the Commission may
prescribe forthe other purposes hereinbefore mentioned.
Article 13. On the application of any person, association,
corporation, Federal agency, State or municipality, the Licensee shall
permit suchreasonable use of its reservoir or other project properties,
including works, lands and water rights, or parts thereof, as may be
ordered by theCommission, after notice and opportunity for hearing, in
the interests of comprehensive development of the waterway or waterways
involved and theconservation and utilization of the water resources of
the region for water supply or for the purposes of steam-electric,
irrigation, industrial, municipalor similar uses. The Licensee shall
receive reasonable compensation for use of its reservoir or other
project properties or parts thereof for suchpurposes, to include at
least full reimbursement for any damages or expenses which the joint use
causes the Licensee to incur. Any such compensation shallbe fixed by the
Commission either by approval of an agreement between the Licensee and
the party or parties benefiting or after notice and opportunity
forhearing. Applications shall contain information in sufficient detail
to afford a full understanding of the proposed use, including
satisfactory evidencethat the applicant possesses necessary water rights
pursuant to applicable State law, or a showing of cause why such
evidence cannot concurrently besubmitted, and a statement as to the
relationship of the proposed use to any State or municipal plans or
orders which may have been adopted with respect tothe use of such
waters.
Article 14. In the construction or maintenance of the project works,
the Licensee shall place and maintain suitable structures and devices
toreduce to a reasonable degree the liability of contact between its
transmission lines and telegraph, telephone and other signal wires or
power transmissionlines constructed prior to its transmission lines and
not owned by the Licensee, and shall also place and maintain suitable
structures and devices toreduce to a reasonable degree the liability of
any structures or wires falling or obstructing traffic or endangering
life. None of the provisions of thisarticle are intended to relieve the
Licensee from any responsibility or requirement which may be imposed by
any other lawful authority for avoiding ofeliminating inductive
interference.
Article 15. The Licensee shall, for the conservation and development
of fish and wildlife resources, construct, maintain, and operate, or
arrangefor the construction, maintenance, and operation of such
reasonable facilities, and comply with such reasonable modifications of
the project structures andoperation, as may be ordered by the Commission
upon its own motion or upon the recommendation of the Secretary of the
Interior or the fish and wildlifeagency or agencies of any State in
which the project or a part thereof is located, after notice and
opportunity for hearing.
Article 16. Whenever the United States shall desire, in connection
with the project, to construct fish and wildlife facilities or to
improve theexisting fish and wildlife facilities at its own expense, the
Licensee shall permit the United States or its designated agency to use,
free of cost, suchof the Licensee's lands and interests in lands,
reservoirs, waterways and project works as may be reasonably required to
complete such facilities or suchimprovements thereof. In addition, after
notice and opportunity for hearing, the Licensee shall modify the proj-
ect operation as may be reasonablyprescribed by the Commission in order
to permit the maintenance and operation of the fish and wildlife
facilities constructed or improved by the UnitedStates under the
provisions of this article. This article shall not be interpreted to
place any obligation on the United States to construct or improvefish
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
[[Page 213]]
the construction, maintenance, and operation of suchreasonable
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 ofthe project, as may be prescribed hereafter
by the Commission during the term of this license upon its own motion or
upon the recommendation of theSecretary 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
reasonableextent, to project waters and adjacent project lands owned by
the Licensee for the purpose of full public utilization of such lands
and waters fornavigation and for outdoor recreational purposes,
including fishing and hunting: Provided, That the Licensee may reserve
from public access suchportions 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
reasonablemeasures to prevent, soil erosion on lands adjacent to streams
or other waters, stream sedimentation, and any form of water or air
pollution. TheCommission, 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 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 themaintenance or alteration of the project works. In addition,
all trees along the periphery of project reservoirs which may die during
operations of theproject shall be removed. All clearing of the lands and
disposal of the unnecessary material shall be done with due diligence
and to the satisfaction ofthe authorized representatives 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
workspecifically authorized under the license; in the maintenance of the
project; or after obtaining Commission approval, as appropriate. Any
such materialshall 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 trafficon 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, theLicensee 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 otherstructures, 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
diversionstructure 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 thevicinity of the project at the voltage and frequency required by
such facilities and at a point adjacent thereto, whether said facilities
are constructedby 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
navigationas 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,
withoutadequate replacement, or shall abandon or discontinue good faith
operation of the project or refuse or neglect to comply with the terms
of the license andthe 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 Licenseeto surrender the license. The
Commission, after notice and opportunity for hearing, may require the
Licensee to remove any or all structures, equipment andpower lines
within the project boundary and to take any such other action necessary
to restore the project waters, lands, and facilities remaining withinthe
project boundary to a condition satisfactory to the United States agency
having jurisdiction over its lands or the Commission's
authorizedrepresentative, as appropriate, or to provide for the
continued operation and maintenance of nonpower facilities and fulfill
such other obligations underthe license as the Commission may prescribe.
In addition, the Commission in its discretion, after notice and
opportunity for hearing, may also agree to the
[[Page 214]]
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, orlands of the United States under the license, for the
purpose of maintaining the project works or otherwise, shall absolutely
cease at the end of thelicense period, unless the Licensee has obtained
a new license pursuant to the then existing laws and regulations, or an
annual license under the terms andconditions of this license.
Article 28. The terms and conditions expressly set forth in the
license shall not be constructed as impairing any terms and conditions
of theFederal Power Act which are not expressly set forth herein.
Federal Energy Regulatory Commission
Form L-4 (Revised October, 1975)
terms and conditions of license for unconstructed major project
affecting navigable waters of the united states
Article 1. The entire project, as described in this order of the
Commission, shall be subject to all of the provisions, terms, and
conditions ofthe license.
Article 2. No substantial change shall be made in the maps, plans,
specifications, and statements described and designated as exhibits
andapproved by the Commission in its order as a part of the license
until such change shall have been approved by the Commission: Provided,
however,That if the Licensee or the Commission deems it necessary or
desirable that said approved exhibits, or any of them, be changed, there
shall be submitted tothe Commission for approval a revised, or
additional exhibit or exhibits covering the proposed changes which, upon
approval by the Commission, shall becomea part of the license and shall
supersede, in whole or in part, such exhibit or exhibits theretofore
made a part of the license as may be specified by theCommission.
Article 3. The project works shall be constructed in substantial
conformity with the approved exhibits referred to in Article 2 herein or
aschanged in accordance with the provisions of said article. Except when
emergency shall require for the protection of navigation, life, health,
or property,there shall not be made without prior approval of the
Commission any substantial alteration or addition not in conformity with
the approved plans to anydam or other project works under the license or
any substantial use of project lands and waters not authorized herein;
and any emergency alteration,addition, or use so made shall thereafter
be subject to such modification and change as the Commission may direct.
Minor changes in project works, or inuses of project lands and waters,
or divergence from such approved exhibits may be made if such changes
will not result in a decrease in efficiency, in amaterial increase in
cost, in an adverse environmental impact, or in impairment of the
general scheme of development; but any of such minor changes madewithout
the prior approval of the Commission, which in its judgment have
produced or will produce any of such results, shall be subject to such
alterationas the Commission may direct.
Upon the completion of the project, or at such other time as the
Commission may direct, the Licensee shall submit to the Commission for
approvalrevised exhibits insofar as necessary to show any divergence
from or variations in the project area and project boundary as finally
located or in theproject works as actually constructed when compared
with the area and boundary shown and the works described in the license
or in the exhibits approved bythe Commission, together with a statement
in writing setting forth the reasons which in the opinion of the
Licensee necessitated or justified variation inor divergence from the
approved exhibits. Such revised exhibits shall, if and when approved by
the Commission, be made a part of the license under theprovisions of
Article 2 hereof.
Article 4. The construction, operation, and maintenance of the
project and any work incidental to additions or alterations shall be
subject tothe inspection and supervision of the Regional Engineer,
Federal Power Commission, in the region wherein the project is located,
or of such other officeror agent as the Commission may designate, who
shall be the authorized representative of the Commission for such
purposes. The Licensee shall cooperatefully with said representative and
shall furnish him a detailed program of inspection by the Licensee that
will provide for an adequate and qualifiedinspection force for
construction of the project and for any subsequent alterations to the
project. Construction of the project works or any feature oralterations
thereof shall not be initiated until the program of inspection for the
project works or any such feature thereof has been approved by
saidrepresentative. The Licensee shall also furnish to said
representative such further information as he may require concerning the
construction, operation,and maintenance of the project, and of any
alteration thereof, and shall notify him of the date upon which work
will begin, as far in advance thereof assaid representative may
reasonably specify, and shall notify him promptly in writing of any
suspension of work for a period of more than one week, and ofits
resumption and completion. The Licensee shall allow said representative
and other officers or employees of the United States, showing
propercredentials, free and unrestricted access to, through, and
[[Page 215]]
across the project lands and project works in the performance of their
official duties. TheLicensee shall comply with such rules and
regulations of general or special applicability as the Commission may
prescribe from time to time for theprotection of life, health, or
property.
Article 5. The Licensee, within 5 years from the date of issuance of
the license, shall acquire title in fee or other right to use in
perpetuityall lands, other than lands of the United States, necessary or
appropriate for the construction, maintenance, and operation of the
project. The Licensee orits successors and assigns shall, during the
period of the license, retain the possession of all project property
covered by the license as issued or aslater amended, including the
project area, the project works, and all franchises, easements, water
and rights of occupancy and use; and none of suchproperties shall be
voluntarily sold, leased, transferred, abandoned, or otherwise disposed
of without the prior written approval of the Commission, exceptthat the
Licensee may lease or otherwise dispose of interests in project lands or
property without specific written approval of the Commission pursuant
tothe then current regulations of the Commission. The provisions of this
article are not intended to prevent the abandonment or the retirement
from serviceof structures, equipment, or other project works in
connection with replacements thereof when they become obsolete,
inadequate, or inefficient for furtherservice due to wear and tear; and
mortgage or trust deeds or judicial sales made thereunder, or tax sales,
shall not be deemed voluntary transfers withinthe meaning of this
article.
Article 6. In the event the project is taken over by the United
States upon the termination of the license as provided in Section 14 of
theFederal Power Act, or is transferred to a new licensee or to a non-
power licensee under the provisions of Section 15 of said Act, the
Licensee, itssuccessors and assigns shall be responsible for, and shall
make good any defect of title to, or of right of occupancy and use in,
any of such projectproperty that is necessary or appropriate or valuable
and serviceable in the maintenance and operation of the project, and
shall pay and discharge, orshall assume responsibility for payment and
discharge of, all liens or encumbrances upon the project or project
property created by the Licensee or createdor incurred after the
issuance of the License: Provided, That the provisions of this article
are not intended to require the Licensee, for thepurpose of transferring
the project to the United States or to a new licensee, to acquire any
different title to, or right of occupancy and use in, any ofsuch project
property than was necessary to acquire for its own purposes as the
Licensee.
Article 7. The actual legitimate original cost of the project, and
of any addition thereto or betterment thereof, shall be determined by
theCommission in accordance with the Federal Power Act and the
Commission's Rules and Regulations thereunder.
Article 8. The Licensee shall install and thereafter maintain gages
and stream-gaging stations for the purpose of determining the stage and
flowof the stream or streams on which the project is located, the amount
of water held in and withdrawn from storage, and the effective head on
the turbines;shall provide for the required reading of such gages and
for the adequate rating of such stations; and shall install and maintain
standard meters adequatefor the determination of the amount of electric
energy generated by the project works. The number, character, and
location of gages, meters, or othermeasuring devices, and the method of
operation thereof, shall at all times be satisfactory to the Commission
or its authorized representative. TheCommission reserves the right,
after notice and opportunity for hearing, to require such alterations in
the number, character, and location of gages,meters, or other measuring
devices, and the method of operation thereof, as are necessary to secure
adequate determinations. The installation of gages, therating of said
stream or streams, and the determination of the flow thereof, shall be
under the supervision of, or in cooperation with, the DistrictEngineer
of the United States Geological Survey having charge of stream-gaging
operations in the region of the project, and the Licensee shall advance
tothe United States Geological Survey the amount of funds estimated to
be necessary for such supervision, or cooperation for such periods as
may be mutuallyagreed upon. The Licensee shall keep accurate and
sufficient records of the foregoing determinations to the satisfaction
of the Commission, and shall makereturn of such records annually at such
time and in such form as the Commission may prescribe.
Article 9. The Licensee shall, after notice and opportunity for
hearing, install additional capacity or make other changes in the
project asdirected by the Commission, to the extent that it is
economically sound and in the public interest to do so.
Article 10. The Licensee shall, after notice and opportunity for
hearing, coordinate the operation of the project, electrically
andhydraulically, with such other projects or power systems and in such
manner as the Commission may direct in the interest of power and other
beneficialpublic uses of water resources, and on such conditions
concerning the equitable sharing of benefits by the Licensee as the
Commission may order.
Article 11. Whenever the Licensee is directly benefited by the
construction work of another licensee, a permittee, or the United
[[Page 216]]
States on astorage reservoir or other headwater improvement, the
Licensee shall reimburse the owner of the headwater improvement for such
part of the annual chargesfor interest, maintenance, and depreciation
thereof as the Commission shall determine to be equitable, and shall pay
to the United States the cost ofmaking such determination as fixed by
the Commission. For benefits provided by a storage reservoir or other
headwater improvement of the United States, theLicensee shall pay to the
Commission the amounts for which it is billed from time to time for such
headwater benefits and for the cost of making thedeterminations pursuant
to the then current regulations of the Commission under the Federal
Power Act.
Article 12. The United States specifically retains and safeguards
the right to use water in such amount, to be determined by the Secretary
of theArmy, as may be necessary for the purposes of navigation on the
navigable waterway affected; and the operations of the Licensee, so far
as they affect theuse, storage and discharge from storage of waters
affected by the license, shall at all times be controlled by such
reasonable rules and regulations as theSecretary of the Army may
prescribe in the interest of navigation, and as the Commission may
prescribe for the protection of life, health, and property,and in the
interest of the fullest practicable conservation and utilization of such
waters for power purposes and for other beneficial public uses,including
recreational purposes, and the Licensee shall release water from the
project reservoir at such rate in cubic feet per second, or such volume
inacre-feet per specified period of time, as the Secretary of the Army
may prescribe in the interest of navigation, or as the Commission may
prescribe forthe other purposes hereinbefore mentioned.
Article 13. On the application of any person, association,
corporation, Federal agency, State or municipality, the Licensee shall
permit suchreasonable use of its reservoir or other project properties,
including works, lands and water rights, or parts thereof, as may be
ordered by theCommission, after notice and opportunity for hearing, in
the interests of comprehensive development of the waterway or waterways
involved and theconservation and utilization of the water resources of
the region for water supply or for the purposes of steam-electric,
irrigation, industrial, municipalor similar uses. The Licensee shall
receive reasonable compensation for use of its reservoir or other
project properties or parts thereof for suchpurposes, to include at
least full reimbursement for any damages or expenses which the joint use
causes the Licensee to incur. Any such compensation shallbe fixed by the
Commission either by approval of an agreement between the Licensee and
the party or parties benefiting or after notice and opportunity
forhearing. Applications shall contain information in sufficient detail
to afford a full understanding of the proposed use, including
satisfactory evidencethat the applicant possesses necessary water rights
pursuant to applicable State law, or a showing of cause why such
evidence cannot concurrently besubmitted, and a statement as to the
relationship of the proposed use to any State or municipal plans or
orders which may have been adopted with respect tothe use of such
waters.
Article 14. In the construction or maintenance of the project works,
the Licensee shall place and maintain suitable structures and devices
toreduce to a reasonable degree the liability of contact between its
transmission lines and telegraph, telephone and other signal wires or
power transmissionlines constructed prior to its transmission lines and
not owned by the Licensee, and shall also place and maintain suitable
structures and devices toreduce to a reasonable degree the liability of
any structures or wires falling or obstructing traffic or endangering
life. None of the provisions of thisarticle are intended to relieve the
Licensee from any responsibility or requirement which may be imposed by
any other lawful authority for avoiding oreliminating inductive
interference.
Article 15. The Licensee shall, for the conservation and development
of fish and wildlife resources, construct, maintain, and operate, or
arrangefor the construction, maintenance, and operation of such
reasonable facilities, and comply with such reasonable modifications of
the project structures andoperation, as may be ordered by the Commission
upon its own motion or upon the recommendation of the Secretary of the
Interior or the fish and wildlifeagency or agencies of any State in
which the project or a part thereof is located, after notice and
opportunity for hearing.
Article 16. Whenever the United States shall desire, in connection
with the project, to construct fish and wildlife facilities or to
improve theexisting fish and wildlife facilities at its own expense, the
Licensee shall permit the United States or its designated agency to use,
free of cost, suchof the Licensee's lands and interests in lands,
reservoirs, waterways and project works as may be reasonably required to
complete such facilities or suchimprovements thereof. In addition, after
notice and opportunity for hearing, the Licensee shall modify the
project operation as may be reasonablyprescribed by the Commission in
order to permit the maintenance and operation of the fish and wildlife
facilities constructed or improved by the UnitedStates under the
provisions of this article. This article shall not be interpreted to
place any obligation on the United
[[Page 217]]
States to construct orimprove 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
suchreasonable 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 ofthe project, as may be prescribed hereafter
by the Commission during the term of this license upon its own motion or
upon the recommendation of theSecretary 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
reasonableextent, to project waters and adjacent project lands owned by
the Licensee for the purpose of full public utilization of such lands
and waters fornavigation and for outdoor recreational purposes,
including fishing and hunting: Provided, That the Licensee may reserve
from public access suchportions 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
reasonablemeasures to prevent, soil erosion on lands adjacent to streams
or other waters, stream sedimentation, and any form of water or air
pollution. TheCommission, 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
thislicense, shall submit for Commission approval a plan for clearing
the reservoir area. Further, the Licensee shall clear and keep clear to
an adequate widthlands along open conduits and shall dispose of all
temporary structures, unused timber, brush, refuse, or other material
unnecessary for the purposes ofthe project which results from the
clearing of lands or from the maintenance or alteration of the project
works. In addition, all trees along the peripheryof project reservoirs
which may die during operations of the project shall be removed. Upon
approval of the clearing plan all clearing of the lands anddisposal of
the unnecessary material shall be done with due diligence and to the
satisfaction of the authorized representative of the Commission and
inaccordance 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
workspecifically authorized under the license; in the maintenance of the
project; or after obtaining Commission approval, as appropriate. Any
such materialshall 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 trafficon 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, theLicensee 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 otherstructures, 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
diversionstructure 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 thevicinity of the project at the voltage and frequency required by
such facilities and at a point adjacent thereto, whether said facilities
are constructedby 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
navigationas 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,
withoutadequate replacement, or shall abandon or discontinue good faith
operation of the project or refuse or neglect to comply with the terms
of the license andthe 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 Licenseeto surrender the license. The
Commission, after notice and opportunity for hearing, may require the
Licensee to remove any or all structures, equipment andpower lines
within the project boundary and to take any such other action necessary
to
[[Page 218]]
restore the project waters, lands, and facilities remainingwithin the
project boundary to a condition satisfactory to the United States agency
having jurisdiction over its lands or the Commission's
authorizedrepresentative, as appropriate, or to provide for the
continued operation and maintenance of nonpower facilities and fulfill
such other obligations underthe license as the Commission may prescribe.
In addition, the Commission in its discretion, after notice and
opportunity for hearing, may also agree to thesurrender 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, orlands of the United States under the license, for the
purpose of maintaining the project works or otherwise, shall absolutely
cease at the end of thelicense period, unless the Licensee has obtained
a new license pursuant to the then existing laws and regulations, or an
annual license under the terms andconditions 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
theFederal Power Act which are not expressly set forth herein.
Sec. List of FPC Standard Articles Forms Used in Permits and Licenses
for Hydroelectric Projects
The following FPC standard articles Forms, in addition to the
standard Forms L-3, and L-4 which are provided in this appendix,
areavailable from the FPC offices:
------------------------------------------------------------------------
FPC Forms \1\ Title
------------------------------------------------------------------------
P-1............................. Terms and conditions of preliminary
permit.
L-1............................. Terms and conditions of license for
constructed major project affecting
lands of the United States.
L-2............................. Terms and conditions of license for
unconstructed major project affecting
lands of the United States.
L-5............................. Terms and conditions of license for
constructed major projects affecting
navigable waters and lands of the
United States.
L-6............................. Terms and conditions of license for
unconstructed major project affecting
navigable waters and lands of the
United States.
L-9............................. Terms and conditions of license for
constructed minor projects affecting
navigable waters of the United
States.
L-10............................ Terms and conditions of license for
constructed major project affecting
the interests of interstate or
foreign commerce.
L-11............................ Terms and conditions of license for
unconstructed major project affecting
the interests of interstate or
foreign commerce.
L-14............................ Terms and conditions of license for
unconstructed minor project affecting
navigable waters of the United
States.
L-15............................ Terms and conditions of license for
unconstructed minor project affecting
the interests of interstate or
foreign commerce.
L-16............................ Terms and conditions of license for
constructed minor project affecting
lands of the United States.
L-17............................ Terms and conditions of license for
unconstructed minor project affecting
lands of the United States.
L-18............................ Terms and conditions of license for
constructed minor project affecting
navigable waters and lands of the
United States.
L-19............................ Terms and conditions of license for
unconstructed minor project affecting
navigable waters and lands of the
United States.
------------------------------------------------------------------------
\1\ Revised Oct. 1975.
PART 222_ENGINEERING AND DESIGN--Table of Contents
Sec.
222.2 Acquisition of lands downstream from spillways for hydrologic
safety purposes.
222.3 Clearances for power and communication lines over reservoirs.
222.4 Reporting earthquake effects.
222.5 Water control management (ER 1110-2-240).
222.6 National Program for Inspection of Non-Federal Dams.
Authority: 23 U.S.C. 116(d); delegation in 49 CFR 1.45(b); 33 U.S.C.
467 et seq.; 33 U.S.C. 701, 701b, and 701c-1 and specificlegislative
authorization Acts and Public Laws listed in appendix E of Sec. 222.7.
Sec. 222.2 Acquisition of lands downstream from spillways for hydrologic safety purposes.
(a) Purpose. This regulation provides guidance on the acquisition of
lands downstream from spillways for the purpose of protecting the
publicfrom hazards imposed by spillway discharges. Guidance contained
herein is in addition to ER 405-2-150.
(b) Applicability. This regulation is applicable to all OCE elements
and all field operating agencies having civil works responsibilities.
(c) Reference. ER 405-2-150.
(d) Discussion. A policy of public safety awareness will be adhered
to in all phases of design and operation of dam and lake projects to
assureadequate security for the general public in areas downstream from
spillways. A real estate interest will be required in those
[[Page 219]]
areas downstream of aspillway where spillway discharge could create or
significantly increase a hazardous condition. The real estate interest
will extend downstream to wherethe spillway discharge would not
significantly increase hazards. A real estate interest is not required
in areas where flood conditions would clearly benonhazardous.
(e) Hydrologic criteria. The construction and operation of a dam and
spillway may create or aggravate a potential hazard in the
spillwaydischarge area. Therefore, an appropriate solution should be
developed in a systematic manner. All pertinent facts need to be
considered to assure that therisk to non-Federal interests does not
exceed conditions that would prevail without the project. General
hydrologic engineering considerations are asfollows:
(1) Probability of spillway use. Pool elevation versus probability
of filling relationships can change materially after initial
construction.Spillway use may be more frequent than anticipated. The
infrequent use of a spillway is not a basis for the lack of adequate
downstream real estateinterest.
(2) Changes in project functions. Water resource needs within river
basins change and pool levels may be adjusted to provide more
conservationstorage, particularly when high-level limited-service
spillways are provided. Such changes normally increase spillway use and
are to be considered.
(3) Volume and velocity of spillway flow. The amount of flow and
destructive force of the flow from a spillway during floods up to the
spillwaydesign flood can vary from insignificant to extremely hazardous
magnitudes. The severity and area of hazard associated with spillway
discharge will varydepending on specific project site conditions.
Therefore, the hazard is to be analyzed on a project-by-project basis.
(4) Development within floodway. If development within the floodway
downstream from a spillway is not present at the time of
projectconstruction, the existence of the reservoir may encourage
development. Adverse terrain conditions do not preclude development.
Sparse present developmentis not a basis for lack of real estate
acquisition.
(5) Debris movement within floodway. The availability of erodible
material in a spillway flow area intensifies the hazards of spillway
flow. Infact, debris may be transported to downstream areas that
otherwise would not be adversely affected. Extreme erosion may result
from high velocities andturbulence. Both debris and erosion must be
evaluated and considered.
(6) Flood warning and response potential. Small projects generally
have short time periods available to warn downstream inhabitants and may
beunattended prior to spillway use. The ability to convince individuals
to leave most of their worldly possessions to the ravages of spillway
flow may beseverely limited. In some cases flood warning systems may be
necessary; however, this subject is beyond the scope of this regulation.
Warning systems arenot an adequate substitute for a real estate interest
in lands downstream of spillways.
(7) Location of spillway. Spillways should be located to minimize
the hazards associated with their discharge and the total project cost
(cost ofspillway structure and downstream lands). Spillways, outlet
works, stilling basins, and outlet channels should be designed to
minimize hazards todownstream interest insofar as is engineeringly and
economically reasonable.
(f) Real estate. The real estate interest required downstream of
spillways will be adequate to assure carrying out project purposes and
toprotect non-Federal interest from hazards created by spillway flows.
The interest may be either fee or permanent easement. A permanent
easement mustexclude all overnight and/or permanent habitation,
structures subject to damage by spillway flows and activities that would
increase the potential hazards.No real estate interest is required for:
(1) Areas where the imposed or aggravated flood condition is non-
hazardous. Affected interest should be informed of the nature of the
imposed non-hazardous flood condition.
(2) Areas where the construction and operation of a dam and spillway
do not increase or create a hazardous condition.
[[Page 220]]
(g) Alternative land uses. In some cases land downstream from
spillways can be effectively used for purposes other than hydrologic
safety.Therefore, the entire cost of these lands may not be an
additional project cost. For example, the lands downstream of a spillway
may be used for wildlifemanagement essential to project purposes in lieu
of other lands suitable for similar purposes at another location.
(h) Procedural guidance. Procedures regarding the application of the
principles outlined in the above paragraphs are as follows:
(1) For various flood magnitudes up to the probable maximum flood
determine the ``with'' and ``without project'' floodconditions
downstream of a dam spillway for the following:
(i) Flooded area.
(ii) Flood depth.
(iii) Flood duration.
(iv) Velocities.
(v) Debris and erosion.
(2) Determine the combinations of flood magnitudes and the above
flood conditions that could be the most hazardous and/or result in the
greatestincrease in hazard from ``without'' to ``with project'' flood
conditions. Designate these combinations of flood magnitude and
floodconditions as the critical conditions.
(3) For the critical conditions selected above outline the areas
where the project could increase and/or create (impose) one or more of
the criticalconditions. Areas where spillway flows do not create or
increase flood conditions are excluded from further analysis.
(4) Determine where the imposed critical conditions as outlined
above would be hazardous and non-hazardous. Non-hazardous areas are
defined as thoseareas where:
(i) Flood depths are maximum of 2 feet in urban and rural areas.
(ii) Flood depths are essentially non-damaging to urban property.
(iii) Flood durations are a maximum of 3 hours in urban areas and 24
hours in agricultural areas.
(iv) Velocities do not exceed 4 feet per second.
(v) Debris and erosion potentials are minimal.
(vi) Imposed flood conditions would be infrequent. That is, the
exceedence frequency should be less than 1 percent. Hazardous areas are
those where anyof the above criteria are exceeded.
(5) Based upon the information developed above and the principles
outlined in paragraphs (c) through (f) of this section, decide on the
extent of areaand estate required for hydrologic safety purposes.
(i) Reporting. Lands to be acquired downstream from spillways and
intended purposes will be identified and the cost included in
feasibilityreports and real estate design memoranda. Additional specific
information in support of land acquisition should be provided in Phase I
or Phase II generaldesign memoranda (GDM) and dam modernization reports.
This information should include topographic maps, area flooded maps,
velocities, erosion and debrisareas ``with'' and ``without'' the
project. Real estate boundaries and discussions of items in paragraph
(h)(4) are also essentialin the GDM's and dam modernization reports.
[43 FR 35481, Aug. 10, 1978. Redesignated at 60 FR 19851, Apr. 21, 1995]
Sec. 222.3 Clearances for power and communication lines over reservoirs.
(a) Purpose. This regulation prescribes the minimum vertical
clearances to be provided when relocating existing or constructing new
power andcommunication lines over waters of reservoir projects.
(b) Applicability. This regulation applies to all field operating
agencies having Civil Works responsibilities.
(c) References. (1) ER 1180-1-1 (Section 73).
(2) National Electrical Safety Code (ANSI C2), available from IEEE
Service Center, 445 Hoes Lane, Piscataway, N.J. 08854.
(d) Definitions--(1) Design high water level. The design high water
level above which clearances are to be provided shall be either:(i) The
elevation of the envelope profile of the 50 year flood, or flood series,
routed through the reservoir with a full conservation pool after 50
yearsof sedimentation, or (ii) the elevation of the top of the flood
control pool, whichever is higher.
[[Page 221]]
(2) Low point of line. The low point of the line shall be the
elevation of the lowest point of the line taking into consideration
allfactors including temperature, loading and length of spans as
outlined in the National Electrical Safety Code.
(3) Minimum vertical clearance. The minimum vertical clearance shall
be the distance from the design high water lever (paragraph (d)(1) of
thissection) to the low point of the line (paragraph (d)(2) of this
section).
(e) Required clearances. Minimum vertical clearances for power and
communication lines over reservoirs shall not be less than required by
section23, rule 232 of the latest revision of the National Electrical
Safety Code (ANSI C2).
(1) In general, minimum vertical clearances shall not be less than
shown in Table 232-1, Item 7, of ANSI C2, even for reservoirs or areas
notsuitable for sailboating or where sailboating is prohibited.
(2) If clearances not in accordance with Table 232-1 of ANSI C2 are
proposed, justification for the clearances should be provided.
(f) Navigable waters. For parts of reservoirs that are designated as
navigable waters of the United States, greater clearances will be
providedif so required. The clearances required over navigable waters
are covered by 33 CFR 322.5(i)(2) and are not affected by this
regulation.
[43 FR 14013, Apr. 4, 1978. Redesignated at 60 FR 19851, Apr. 21, 1995]
Sec. 222.4 Reporting earthquake effects.
(a) Purpose. This regulation states policy, defines objectives,
assigns functions, and establishes procedures for assuring the
structuralintegrity and operational adequacy of major Civil Works
structures following the occurrence of significant earthquakes. It
primarily concerns damagesurveys following the occurrences of
earthquakes.
(b) Applicability. This regulation is applicable to all field
operating agencies having Civil Works responsibilities.
(c) References. (1) ER 1110-2-100 (Sec. 222.2).
(2) ER 1110-2-1806.
(3) ER 1110-2-8150.
(4) ER 1130-2-419.
(5) State-of-the-Art for Assessing Earthquake Hazards in the United
States--WES Miscellaneous Papers S-73-1--Reports 1 thru14. Available
from U.S. Army Engineer Waterways Experiment Station, P.O. Box 631,
Vicksburg, Mississippi 39180.
(d) Policy. Civil Works structures which could be caused to fail or
partially fail by an earthquake and whose failure or partial failure
wouldendanger the lives of the public and/or cause substantial property
damage, will be evaluated following potentially damaging earthquakes to
insure theircontinued structural stability, safety and operational
adequacy. These structures include dams, navigation locks, powerhouses,
and appurtenant structures,(intakes, outlet works, buildings, tunnels,
paved spillways) which are operated by the Corps of Engineers and for
which the Corps is fully responsible.Also included are major levees,
floodwalls, and similar facilities designed and constructed by the Corps
of Engineers and for whose structural safety andstability the Corps has
a public obligation to be aware of although not responsible for their
maintenance and operation. The evaluation of these structureswill be
based upon post-earthquake inspections which will be conducted to detect
conditions of significant structural distress and to provide a basis
fortimely initiation of restorative and remedial measures.
(e) Post-earthquake inspections and evaluation surveys--(1)
Limitations of present knowledge. The design of structures for
earthquakeloading is limited by the infrequent opportunity to compare
actual performance with the design. Damage which would affect the
function of the project isunlikely if peak accelerations are below
0.1g.; but it cannot be assumed that a structure will not be damaged
from earthquake loadings below that for whichit was designed.
Furthermore, earthquakes have occurred in several parts of the country
where significant seismic activity had not been predicted by someseismic
zoning maps. This indicates the possibility that earthquake induced
loads may not have been adequately considered in the design of
olderstructures.
[[Page 222]]
(2) Types of reportable damage. Many types of structural damage can
be induced by ground motion from earthquakes or from large nuclearblasts
(which also tend to induce ground vibrations in the more damaging lower
frequency ranges). Any post-earthquake change in appearance or
functionalcapability of a major Civil Works structure should be
evaluated and reported. Examples are symptoms of induced stresses in
buildings made evident bycracked plaster, windows or tile, or in binding
of doors or windows; cracked or shifted bridge pier footings or other
concrete structures; turbidity orchanged static level of water wells;
cracks in concrete dams or earth embankments; and misalignment of
hydraulic control structures or gates. Induceddynamic loading on earth
dams may result in loss of freeboard by settlement, or cause localized
quick conditions within the embankment sections or earthfoundations.
Also, new seepage paths may be opened up within the foundation or
through the embankment section. Ground motion induced landslides may
occurin susceptible areas of the reservoir rim, causing embankment
overtopping by waves and serious damage. All such unusual conditions
should be evaluated andreported.
(f) Inspection and evaluation programs. (1) If the project is
located in an area where the earthquake causes significant damage
(ModifiedMercalli Intensity VII or greater) to structures in the
vicinity, the Chief, Engineering Division, should be immediately
notified and an engineeringevaluation and inspection team should be sent
to the project.
(2) If the project is located in an area where the earthquake is
felt but causes no or insignificant damage (Modified Mercalli Intensity
VI or less) tostructures in the vicinity of the project, project
operations personnel should make an immediate inspection. This
inspection should determine: (i) Whetherthere is evidence of earthquake
damage or disturbance, and (ii) whether seismic instrumentation, where
present, has been triggered. The Chief, EngineeringDivision should be
notified by phone of the results of the inspection. If damage is
observed, which is considered to threaten the immediate safety
oroperational capability of the project, immediate action should be
taken as covered in paragraph (f)(1) of this section. For other
situations, the Chief ofEngineering Division will determine the need for
and urgency for an engineering inspection.
(3) When an engineering inspection of structures is deemed necessary
following a significant earthquake, HQDA (DAEN-CWE) WASH DC 20314 will
be notifiedof the inspection program as soon as it is established.
(4) As a general rule, the structures which would be of concern
following an earthquake are also the structures which are involved in
the inspectionprogram under ER 1110-2-100. Whenever feasible,
instrumentation and prototype testing programs undertaken under ER 1110-
2-100to monitor structural performance and under ER 1110-2-8150 to
develop design criteria will be utilized in the post-earthquake
safetyevaluation programs. Additional special types of instrumentation
will be incorporated in selected structures in which it may be desirable
to measureforces, pressures, loads, stresses, strains, displacements,
deflections, or other conditions relating to damage and structural
safety and stability in caseof an earthquake.
(5) Where determined necessary, a detailed, systematic engineering
inspection will be made of the post-earthquake condition of each
structure, takinginto account its distinctive features. For structures
which have incurred earthquake damage a formal technical report will be
prepared in a format similarto inspection reports required under ER
1110-2-100. (Exempt from requirements control under paragraph 7-2b, AR
335-15.) Thereport will include summaries of the instrumentation and
other observation data for each inspection, for permanent record and
reference purposes. Thisreport will be used to form a basis for major
remedial work when required. Where accelerometers or other types of
strong motion instruments have beeninstalled, readings and
interpretations from these instruments should also be included in the
report. The report will contain recommendations for remedialwork when
appropriate, and will be
[[Page 223]]
transmitted through the Division Engineer for review and to HQDA (DAEN-
CWE) WASH DC 20314 for review and approval.For structures incurring no
damage a simple statement to this effect will be all that is required in
the report, unless seismic instrumentation at theproject is activated.
(See paragraph (h)(4) of this section.)
(g) Training. The dam safety training program covered by paragraph 6
of ER 1130-2-419 should include post-earthquake inspectionsand the types
of damage operations personnel should look for.
(h) Responsibilities. (1) The Engineering Divisions of the District
offices will formulate the inspection program, conduct the post-
earthquakeinspections, process and analyze the data of instrumental and
other observations, evaluate the resulting condition of the structures,
and prepare theinspection reports. The Engineering division is also
responsible for planning special instrumentation felt necessary in
selected structures under thisprogram. Engineering Division is
responsible for providing the training discussed in paragraph (g) of
this section.
(2) The Construction Divisions of the District offices will be
responsible for the installation of the earthquake instrumentation
devices and for datacollection if an earthquake occurs during the
construction period.
(3) The Operations Division of the District offices will be
responsible for the immediate assessment of earthquake damage and
notifying the Chief,Engineering Division as discussed in paragraphs
(f)(1) and (2). The Operations Division will also be responsible for
earthquake data collection after theconstruction period in accordance
with the instrumental observation programs, and will assist and
participate in the post-earthquake inspections.
(4) The U.S. Geological Survey has the responsibility for servicing
and collecting all data from strong motion instrumentation at Corps of
Engineersdam projects following an earthquake occurrence. However, the
U.S. Army Waterways Experiment Station (WES) is assigned the
responsibility for analyzing andinterpreting these earthquake data.
Whenever a recordable earthquake record is obtained from seismic
instrumentation at a Corps project, the Division willsend a report of
all pertinent instrumentation data to the Waterways Experiment Station,
ATTN: WESGH, P.O. Box 631, Vicksburg, Mississippi 39180. Thereport on
each project should include a complete description of the locations and
types of instruments and a copy of the instrumental records from each
ofthe strong motion machines activated. (Exempt from requirements
control under paragraph 7-2v, AR 335-15).
(5) The Engineering Divisions of the Division offices will select
structures for special instrumentation for earthquake effects, and will
review andmonitor the data collection, processing, evaluating, and
inspecting activities. They will also be specifically responsible 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 structureis questionable. (Exempt for
requirements control under paragraph 7-2o, AR 335-15.)
(6) Division Engineers are responsible for issuing any supplementary
regulations necessary to adapt the policies and instructions herein to
thespecific conditions within their Division.
(i) Funding. Funding for the evaluation and inspection program will
be under the Appropriation 96X3123, Operations and Maintenance,
General.Funds required for the inspections, including Travel and Per
Diem costs incurred by personnel of the Division office or the Office,
Chief of Engineers,will be from allocations made to the various projects
for the fiscal year in which the inspection occurs.
[44 FR 43469, July 25, 1979. Redesignated at 60 FR 19851, Apr. 21, 1995]
Sec. 222.5 Water control management (ER 1110-2-240).
(a) Purpose. This regulation prescribes policies and procedures to
be followed by the U.S. Army Corps of Engineers in carrying out water
controlmanagement activities, including establishment of water control
plans for Corps and non-Corps projects, as required by Federal laws and
directives.
[[Page 224]]
(b) Applicability. This regulation is applicable to all field
operating activities having civil works responsibilities.
(c) References. Appendix A lists U.S. Army Corps of Engineers
publications and sections of Federal statutes and regulations that are
referencedherein.
(d) Authorities--(1) U.S. Army Corps of Engineers projects.
Authorities for allocation of storage and regulation of projects
ownedand operated by the Corps of Engineers are contained in legislative
authorization acts and referenced project documents. These public laws
and projectdocuments usually contain provisions for development of water
control plans, and appropriate revisions thereto, under the
discretionary authority of theChief of Engineers. Some modifications in
project operation are permitted under congressional enactments
subsequent to original project authorization.Questions that require
interpretations of authorizations affecting regulation of specific
reservoirs will be referred to CDR USACE (DAEN-CWE-HW), WASH DC20314,
with appropriate background information and analysis, for resolution.
(2) Non-Corps projects. The Corps of Engineers is responsible for
prescribing flood control and navigation regulations for certain
reservoirprojects constructed or operated by other Federal, non-Federal
or private agencies. There are several classes of such projects: Those
authorized by specialacts of Congress; those for which licenses issued
by the Federal Energy Regulatory Commission (formerly Federal Power
Commission) provide that operationshall be in accordance with
instructions of the Secretary of the Army; those covered by agreements
between the operating agency and the Corps of Engineers;and those that
fall under the terms of general legislative and administrative
provisions. These authorities, of illustrative examples, are
describedbriefly in Appendix B.
(e) Terminology: Water control plans and reservoir regulation
schedules. (1) Water control plans include coordinated regulation
schedules forproject/system regulation and such additional provisions as
may be required to collect, analyze and disseminate basic data, prepare
detailed operatinginstructions, assure project safety and carry out
regulation of projects in an appropriate manner.
(2) The term ``reservoir regulation schedule'' refers to a
compilation of operating criteria, guidelines, rule curves and
specificationsthat govern basically the storage and release functions of
a reservoir. In general, schedules indicate limiting rates of reservoir
releases required duringvarious seasons of the year to meet all
functional objectives of the particular project, acting separately or in
combination with other projects in asystem. Schedules are usually
expressed in the form of graphs and tabulations, supplemented by concise
specifications.
(f) General policies. (1) Water control plans will be developed for
reservoirs, locks and dams, reregulation and major control structures
andinterrelated systems to comform with objectives and specific
provisions of authorizing legislation and applicable Corps of Engineers
reports. They willinclude any applicable authorities established after
project construction. The water control plans will be prepared giving
appropriate consideration to allapplicable Congressional Acts relating
to operation of Federal facilities, i.e., Fish and Wildlife Coordination
Act (Pub. L. 85-624), FederalWater Project Recreation Act-Uniform
Policies (Pub. L. 89-72), National Environmental Policy Act of 1969
(Pub. L. 91-190), and Clean WaterAct of 1977 (Pub. L. 95-217). Thorough
analysis and testing studies will be made as necessary to establish the
optimum water control plans possiblewithin prevailing constraints.
(2) Necessary actions will be taken to keep approved water control
plans up-to-date. For this purpose, plans will be subject to continuing
andprogressive study by personnel in field offices of the Corps of
Engineers. These personnel will be professionally qualified in technical
areas involved andfamiliar with comprehensive project objectives and
other factors affecting water control. Organizational requirements for
water control management arefurther discussed in ER 1110-2-1400.
(3) Water control plans developed for specific projects and
reservoir systems will be clearly documented in appropriate water
control manuals. These
[[Page 225]]
manuals will be prepared to meet initial requirements when storage in
the reservoir begins. They will be revised as necessary to conform with
changingrequirements resulting from developments in the project area and
downstream, improvements in technology, new legislation and other
relevant factors,provided such revisions comply with existing Federal
regulations and established Corps of Engineers policy.
(4) Development and execution of water control plans will include
appropriate consideration for efficient water management in conformance
with theemphasis on water conservation as a national priority. The
objectives of efficient water control management are to produce
beneficial water savings andimprovements in the availability and quality
of water resulting from project regulation/operation. Balanced resource
use through improved regulation shouldbe developed to conserve as much
water as possible and maximize all project functions consistent with
project/system management. Continuous examinationshould be made of
regulation schedules, possible need for storage reallocation (within
existing authority and constraints) and to identify needed changesin
normal regulation. Emphasis should be placed on evaluating conditions
that could require deviation from normal release schedules as part of
droughtcontingency plans (ER 1110-2-1941).
(5) Adequate provisions for collection, analysis and dissemination
of basic data, the formulation of specific project regulation
directives, and theperformance of project regulation will be established
at field level.
(6) Appropriate provisions will be made for monitoring project
operations, formulating advisories to higher authorities, and
disseminating informationto others concerned. These actions are required
to facilitate proper regulation of systems and to keep the public fully
informed regarding all pertinentwater control matters.
(7) In development and execution of water control plans, appropriate
attention will be given to project safety in accordance with ER1130-2-
417 and ER 1130-2-419 so as to insure that all water impounding
structures are operated for the safety of users of thefacilities and the
general public. Care will be exercised in the development of reservoir
regulation schedules to assure that controlled releases minimizeproject
impacts and do not jeopardize the safety of persons engaged in
activities downstream of the facility. Water control plans will include
provisionsfor issuing adequate warnings or otherwise alerting all
affected interests to possible hazards from project regulation
activities.
(8) In carrying out water control activities, Corps of Engineers
personnel must recognize and observe the legal responsibility of the
National WeatherService (NWS), National Oceanic and Atmospheric
Administration (NOAA), for issuing weather forecasts and flood warnings,
including river discharges andstages. River forecasts prepared by the
Corps of Engineers in the execution of its responsibilities should not
be released to the general public, unlessthe NWS is willing to make the
release or agrees to such dissemination. However, release to interested
parties of factual information on current storms orriver conditions and
properly quoted NWS forecasts is permissible. District offices are
encouraged to provide assistance to communities and individualsregarding
the impact of forecasted floods. Typical advice would be to provide
approximate water surface elevations at locations upstream and
downstream ofthe NWS forecasting stream gages. Announcement of
anticipated changes in reservoir release rates as far in advance as
possible to the general public is theresponsibility of Corps of
Engineers water control managers for projects under their jurisdiction.
(9) Water control plans will be developed in concert with all basin
interests which are or could be impacted by or have an influence on
projectregulation. Close coordination will be maintained with all
appropriate international, Federal, State, regional and local agencies
in the development andexecution of water control plans. Effective public
information programs will be developed and maintained so as to inform
and educate the public regardingCorps of Engineers water control
management activities.
(10) Fiscal year budget requests for water control management
activities
[[Page 226]]
will be prepared and submitted to the Office of the Chief of Engineers
inaccordance with requirements established in Engineer Circular on
Annual Budget Requests for Civil Works Activities. The total annual
costs of allactivities and facilities that support the water control
functions, (excluding physical operation of projects, but including
flood control and navigationregulation of projects subject to 33 CFR
208.11) are to be reported. Information on the Water Control Data
Systems and associated Communications Categoryof the Plant Replacement
and Improvement Program will be submitted with the annual budget.
Reporting will be in accordance with the annual EngineerCircular on
Civil Works Operations and Maintenance, General Program.
(g) Responsibilities: US Army Corps of Engineers projects--(1)
Preparation of water control plans and manuals. Normally,
districtcommanders are primarily responsible for background studies and
for developing plans and manuals required for reservoirs, locks and
dams, reregulation andmajor control structures and interrelated systems
in their respective district areas. Policies and general guidelines are
prescribed by OCE engineerregulations while specific requirements to
implement OCE guidance are established by the division commanders
concerned. Master Water Control Manuals forriver basins that include
more than one district are usually prepared by or under direct
supervision of division representatives. Division commanders
areresponsible for providing such management and technical assistance as
may be required to assure that plans and manuals are prepared on a
timely andadequate basis to meet water control requirements in the
division area, and for pertinent coordination among districts,
divisions, and other appropriateentities.
(2) Public involvement and information--(i) Public meeting and
public involvement. The Corps of Engineers will sponsor
publicinvolvement activities, as appropriate, to appraise the general
public of the water control plan. In developing or modifying water
control manuals, thefollowing criteria is applicable.
(A) Conditions that require public involvement and public meetings
include: Development of a new water control manual that includes a water
controlplan; or revision or update of a water control manual that
changes the water control plan.
(B) Revisions to water control manuals that are administratively or
informational in nature and that do not change the water control plan do
notrequire public meetings.
(C) For those conditions described in paragraph (g)(2)(i)(A) of this
section, the Corps will provide information to the public concerning
proposedwater control management decisions at least 30 days in advance
of a public meeting. In so doing, a separate document(s) should be
prepared that explainsthe recommended water control plan or change, and
provides technical information explaining the basis for the
recommendation. It should include adescription of its impacts (both
monetary and nonmonetary) for various purposes, and the comparisons with
alternative plans or changes and their effects.The plan or manual will
be prepared only after the public involvement process associated with
its development or change is complete.
(D) For those conditions described in paragraph (g)(2)(i)(A) of this
section, the responsible division office will send each proposed water
controlmanual to the Army Corps of Engineers Headquarters, Attn: CECW-
EH-W for review and comments prior to approval by the responsible
division office.
(ii) Information availability. The water control manual will be made
available for examination by the general public upon request at
theappropriate office of the Corps of Engineers. Public notice shall be
given in the event of occurring or anticipated significant changes in
reservoirstorage or flow releases. The method of conveying this
information shall be commensurate with the urgency of the situation and
the lead time available.
(3) Authority for approval of plans and manuals. Division commanders
are delegated authority for approval of water control plans and manuals,
andassociated activities.
[[Page 227]]
(4) OCE role in water control activities. OCE will establish
policies and guidelines applicable to all field offices and for such
actions asare necessary to assure a reasonable degree of consistency in
basic policies and practices in all Division areas. Assistance will be
provided to fieldoffices during emergencies and upon special request.
(5) Methods improvement and staff training. Division and district
commanders are responsible for conducting appropriate programs for
improvingtechnical methods applicable to water control activities in
their respective areas. Suitable training programs should be maintained
to assure asatisfactory performance capability in water control
activities. Appropriate coordination of such programs with similar
activities in other areas will beaccomplished to avoid duplication of
effort, and to foster desirable exchange of ideas and developments.
Initiative in re-evaluating methods and guidelinespreviously established
in official documents referred to in paragraph (e) of this section is
encouraged where needs are evident. However, proposals formajor
deviations from basic concepts, policies and general practices reflected
in official publications will be submitted to CDR USACE (DAEN-CWE) WASH
DC20314 for concurrence or comment before being adopted for substantial
application in actual project regulation at field level.
(h) Directives and technical instruction manuals. (1) Directives
issued through OCE Engineer Regulations will be used to foster
consistency inpolicies and basic practices. They will be supplemented as
needed by other forms of communication.
(2) Engineering Manuals (EM) and Engineer Technical Letters (ETL)
are issued by OCE to serve as general guidelines and technical aids in
developingwater control plans and manuals for individual projects or
systems.
(3) EM 1110-2-3600 discusses principles and concepts involved in
developing water control plans. Instructions relating to preparation
of``Water Control Manuals for speicfic projects'' are included. EM 1110-
2-3600 should be used as a general guide to water controlactivities. The
instructions are sufficiently flexible to permit adaptation to specific
regions. Supplemental information regarding technical methods isprovided
in numerous documents distributed to field offices as ``hydrologic
references.''
(4) Special assistance in technical studies is available from the
Hydrologic Engineering Center, Corps of Engineers, 609 Second Street,
Davis,California 95616 and DAEN-CWE-HW.
(i) Water control manuals for US Army Corps of Engineers projects.
(1) As used herein, the term ``water control manual'' refers tomanuals
that relate primarily to the functional regulation of an individual
project or system of projects. Although such manuals normally
includebackground information concerning physical features of projects,
they do not prescribe rules or methods for physical maintenance or care
of facilities,which are covered in other documents. (References 15 and
23, appendix A.)
(2) Water control manuals prepared in substantially the detail and
format specified in instructions referred to in paragraph 8 are required
for allreservoirs under the supervision of the Corps of Engineers,
regardless of the purpose or size of the project. Water Control manuals
are also required forlock and dam, reregulation and major control
structure projects that are physically regulated by the Corps of
Engineers. Where there are several projectsin a drainage basin with
interrelated purposes, a ``Master Manual'' shall be prepared. The
effects of non-Corps projects will be considered inappropriate detail,
including an indication of provisions for interagency coordination.
(3) ``Preliminary water control manuals,'' for projects regulated by
the Corps of Engineers should contain regulation schedules insufficient
detail to establish the basic plan of initial project regulation.
(4) As a general rule, preliminary manuals should be superseded by
more detailed interim or ``final'' manuals within approximately one
yearafter the project is placed in operation.
(5) Each water control manual will contain a section on special
regulations to be conducted during emergency situations, including
droughts.
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Preplanned operations and coordination are essential to effective relief
or assistance.
(6) One copy of all water control manuals and subsequent revisions
shall be forwarded to DAEN-CWE-HW for file purposes as soon as
practicable aftercompletion, preferably within 30 days from date of
approval at the division level.
(j) Policies and requirements for preparing regulations for non-
Corps projects. (1) Division and district commanders will develop water
controlplans as required by section 7 of the 1944 Flood Control Act, the
Federal Power Act and section 9 of Pub. L. 436-83 for all projects
located withintheir areas, in conformance with ER 1110-2-241, 33 CFR
part 208. That regulation prescribes the policy and general procedures
for regulatingreservoir projects capable of regulation for flood control
or navigation, except projects owned and operated by the Corps of
Engineers; the InternationalBoundary and Water Commission, United States
and Mexico; those under the jurisdiction of the International Joint
Commission, United States and Canada, andthe Columbia River Treaty. ER
1110-2-241, 33 CFR part 208 permits the promulgation of specific
regulations for a project in compliance withthe authorizing acts, when
agreement on acceptable regulations cannot be reached between the Corps
Engineers and the owners. Appendix B provides a summaryof the Corps of
Engineers responsibilities for prescribing regulations for non-Corps
reservoir projects.
(2) Water control plans will be developed and processed as soon as
possible for applicable projects already completed and being operated by
otherentities, including projects built by the Corps of Engineers and
turned over to others for operation.
(3) In so far as practicable, water control plans for non-Corps
projects should be developed in cooperation with owning/operating
agencies involvedduring project planning stages. Thus, tentative
agreements on contents, including pertinent regulation schedules and
diagrams, can be accomplished prior tocompletion of the project.
(4) The magnitude and nature of storage allocations for flood
control or navigation purposes in non-Corps projects are governed
basically by conditionsof project authorizations or other legislative
provisions and may include any or all of the following types of storage
assignments:
(i) Year-round allocations: Storage remains the same all year.
(ii) Seasonal allocations: Storage varies on a fixed seasonal basis.
(iii) Variable allocations of flood control from year to year,
depending on hydrologic parameters, such as snow cover.
(5) Water control plans should be developed to attain maximum flood
control or navigation benefits, consistent with other project
requirements, fromthe storage space provided for these purposes. When
reservoir storage capacity of the category referred to in paragraph
(j)(4)(iii) is utilized for floodcontrol or navigation, jointly with
other objectives, the hydrologic parameters and related rules developed
under provisions of ER1110-2-241, 33 CFR part 208 should conform as
equitably as possible with the multiple-purpose objectives established
in projectauthorizations and other pertinent legislation.
(6) Storage allocations made for flood control or navigation
purposes in non-Corps projects are not subject to modifications by the
Corps of Engineersas a prerequisite for prescribing 33 CFR 208.11
regulations. However, regulations developed for use of such storage
should be predicated on a mutualunderstanding between representatives of
the Corps and the operating agency concerning the conditions of the
allocations in order to assure reasonableachievement of basic objectives
intended. In the event field representatives of the Corps of Engineers,
and the operating agency are unable to reachnecessary agreements after
all reasonable possibilities have been explored, appropriate background
explanations and recommendations should be submitted toDAEN-CWE-HW for
consideration.
(7) The Chief of Engineers is responsible for prescribing
regulations for use of flood control or navigation storage and/or
project operation under theprovisions of the referenced legislative
acts. Accordingly, any regulations established should designate the
division/
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district commander who isresponsible to the Chief of Engineers as the
representative to issue any special instructions required under the
regulation. However, to the extentpracticable, project regulations
should be written to permit operation of the project by the owner
without interpretations of the regulations by thedesignated
representative of the Commander during operating periods.
(8) Responsibility for compliance with 33 CFR 208.11 regulations
rests with the operating agency. The division or district commander of
the area inwhich the project is located will be kept informed regarding
project operations to verify reasonable conformance with the
regulations. The Chief ofEngineers or his designated representative may
authorize or direct deviation from the established water control plan
when conditions warrant suchdeviation. In the event unapproved
deviations from the prescribed regulations seem evident, the division or
district commander concerned will bring thematter to the attention of
the operating agency by appropriate means.
If corrective actions are not taken promptly, the operating agency
should be notified of the apparent deviation in writing as a matter of
record.Should an impasse arise, in that the project owner or the
designated operating entity persists in noncompliance with regulations
prescribed by the Corps ofEngineers, the Office of Chief Counsel should
be advised through normal channels and requested to take necessary
measures to assure compliance.
(9) Regulations should contain information regarding the required
exchange of basic data between the representative of the operating
agency and theU.S. Army Corps of Engineers, that are pertinent to
regulation and coordination of interrelated projects in the region.
(10) All 33 CFR 208.11 regulations shall contain provisions
authorizing the operating agency to temporarily deviate from the
regulations in the eventthat it is necessary for emergency reasons to
protect the safety of the dam, to avoid health hazards, and to alleviate
other critical situations.
(k) Developing and processing regulations for non-Corps projects.
Guidelines concerning technical studies and development of regulations
arecontained in ER 1110-2-241, 33 CFR part 208 and EM 1110-2-3600.
Appendix C of this regulation summarizes steps normallyfollowed in
developing and processing regulations for non-Corps projects.
(l) Water control during project construction stage. Water control
plans discussed in preceding paragraphs are intended primarily for
applicationafter the dam, spillway and outlet structures; major
relocations; land acquisitions, administrative arrangements and other
project requirements havereached stages that permit relatively normal
project regulation. With respect to non-Corps projects, regulations
normally become applicable when watercontrol agreements have been signed
by the designated signatories, subject to special provisions in specific
cases. In some instances, implementation ofregulations has been delayed
by legal provisions, contract limitations, or other considerations.
These delays can result in loss of potential projectbenefits and
possible hazards. Accordingly, it is essential that appropriate water
control and contingency plans be established for use from the date
anystorage may accumulate behind a partially completed dam until the
project is formally accepted for normal operations. Division commanders
shall makecertain that construction-stage regulation plans are
established and maintained in a timely and adequate manner for projects
under the supervision of theCorps of Engineers. In addition, the
problems referred to should be discussed with authorities who are
responsible for non-Corps projects, with theobjective of assuring that
such projects operate as safely and effectively as possible during the
critical construction stage and any period that mayelapse before regular
operating arrangements have been established. These special regulation
plans should include consideration for protection ofconstruction
operations; safety of downstream interests that might be jeopardized by
failure of partially completed embankments; requirements forminimizing
adverse effects on partially completed relocations or incomplete land
acquisition; and the need for obtaining benefits from project storage
[[Page 230]]
that can be safely achieved during the construction and early operation
period.
(m) Advisories to OCE regarding water control activities--(1)
General. Division commanders will keep the Chief of Engineers
currentlyinformed of any unusual problems or activities associated with
water control that impact on his responsibilities.
(2) Annual division water control management report (RCS DAEN-CWE-
16(R1)). Division commanders will submit an annual report on
watercontrol management activities within their division. The annual
report will be submitted to (DAEN-CWE-HW) by 1 February each year and
cover significantactivities of the previous water year and a description
of activities to be accomplished for the current year. Funding
information for water controlactivities will be provided in the letter
of transmittal for in-house use only. The primary objective of this
summary is to keep the Chief of Engineersinformed regarding overall
water management activities Corps-wide, thus providing a basis to carry
out OCE responsibilities set forth in paragraph (g)(4)of this section.
(3) Status of water control manuals. A brief discussion shall be
prepared annually by each division commander, as a separate section of
theannual report on water control management activities discussed in
paragraph (m)(2) of this section listing all projects currently in
operation in his area,or expected to begin operation within one-year,
with a designation of the status of water control manuals. The report
should also list projects for whichthe Corps of Engineers is responsible
for prescribing regulations, as defined in ER 1110-2-241, 33 CFR part
208.
(4) Monthly water control charts (RCS DAEN-CWE-6 (R1)). A monthly
record of reservoirs/lakes operated by the Corps of Engineers and
otheragencies, in accordance with 33 CFR 208.11, will be promptly
prepared and maintained by district/division commanders in a form
readily available fortransmittal to the Chief of Engineers, or others,
upon request. Record data may be prepared in either graphical form as
shown in EM1110-2-3600, or tabular form as shown in the sample
tabulation in Appendix D.
(5) Annual division water quality reports (RCS DAEN-CWE-15). By
Executive Order 12088, the President ordered the head of each
ExecutiveAgency to be responsible for ensuring that all necessary
actions are taken for prevention, control, and abatement of
environmental pollution with respectto Federal facilities and activities
under control of the agency. General guidance is provided in references
24 and 25, Appendix A, for carrying out thisagency's responsibility.
Annual division water quality reports are required by reference 24,
Appendix A. The report is submitted in two parts. The firstpart
addresses the division Water quality management plan while the second
part presents specific project information. A major objective of this
report isto summarize information pertinent to water quality aspects of
overall water management responsibilities. The annual division water
quality report may besubmitted along with the annual report on water
control management activities discussed in paragraph 13b above.
(6) Master plans for water control data systems (RCS DAEN-CWE-21).
(i) A water control data system is all of the equipment within adivision
which is used to acquire, process, display and distribute information
for real-time project regulation and associated interagency
coordination. Asubsystem is all equipment as defined previously within a
district. A network is all equipment as defined previously which is used
to regulate a singleproject or a group of projects which must be
regulated interdependently.
(ii) Master plans for water control data systems and significant
revisions thereto will be prepared by division water control managers
and submitted toDAEN-CWE-HW by 1 February each year for review and
approval of engineering aspects. Engineering approval does not
constitute funding approval. Afterengineering approval is obtained,
equipment in the master plan is eligible for consideration in the
funding processes described in ER1125-2-301
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and engineering circulars on the annual budget request for civil works
activities. Master plans will be maintained currentand will:
(A) Outline the system performance requirements, including those
resulting from any expected expansions of Corps missions.
(B) Describe the extent to which existing facilities fulfill
performance requirements.
(C) Describe alternative approaches which will upgrade the system to
meet the requirements not fulfilled by existing facilities, or are more
costeffective then the existing system.
(D) Justify and recommend a system considering timeliness,
reliability, economics and other factors deemed important.
(E) Delineate system scope, implementation schedules, proposed
annual capital expenditures by district, total costs, and sources of
funding.
(iii) Modified master plans should be submitted to DAEN-CWE-HW by 1
February, whenever revisions are required, to include equipment not
previouslyapproved or changes in scope or approach. Submittal by the
February date will allow adequate time for OCE review and approval prior
to annual budgetsubmittals.
(iv) Division commanders are delegated authority to approve detailed
plans for subsystems and networks of approved master plans. Plans
approved by thedivision commander should meet the following conditions:
(A) The plan conforms to an approved master plan.
(B) The equipment is capable of functioning independently.
(C) An evaluation of alternatives has been completed considering
reliability, cost and other important factors.
(D) The plan is economically justified, except in special cases
where legal requirements dictate performance standards which cannot be
economicallyjustified.
(v) Copies of plans approved by the division commander shall be
forwarded to appropriate elements in OCE in support of funding requests
and to obtainapproval of Automatic Data Processing Equipment (ADPE),
when applicable.
(vi) Water control data systems may be funded from Plant Revolving
Fund; O&M General; Flood Control, MR&T, and Construction, General.
Fundingfor water control equipment that serves two or more projects will
be from Plant Revolving Fund in accordance with ER 1125-2-301. District
anddivision water control managers will coordinate plant revolving fund
requests with their respective Plant Replacement and Improvement Program
(PRIP)representatives following guidance provided in ER 1125-2-301.
Budget funding requests under the proper appropriation title should
besubmitted only if the equipment is identified in an approved master
plan.
(vii) Justification for the Automatic Data Processing Equipment
(ADPE) aspects of water control data systems must conform to AR 18-1,
Appendix Ior J as required. The ``Funding for ADPE'' paragraph in
Appendixes I and J must cite the source of funds and reference relevant
information inthe approved master plan and detailed plan.
(viii) Division water control managers will submit annual letter
summaries of the status of their respective water control systems and
five-year planfor improvements. These summaries will be submitted to
DAEN-CWE by 1 June for coordination with DAEN-CWO, CWB and DSZ-A, prior
to the annual budgetrequest. Summaries should not be used to obtain
approval of significant changes in master plans. Sources of funding for
all items for each district and forthe division should be delineated so
that total system expenditures and funding requests are identified.
Changes in the master plan submitted 1 Februaryshould be documented in
this letter summary if the changes were approved.
(7) Summary of runoff potentials in current season (RCS DAEN-CWO-2).
(i) The Chief of Engineers and staff require information to respondto
inquiries from members of Congress and others regarding runoff
potentials. Therefore, the division commander will submit a snowmelt
runoff and floodpotential letter report covering the snow accumulation
and runoff period, beginning generally in February and continuing
monthly, until the potential nolonger exist. Dispatch of supplemental
reports will be determined by the urgencies of situations as they occur.
The reports
[[Page 232]]
will be forwarded as soonas hydrologic data are available, but not later
than the 10th of the month. For further information on reporting refer
to ER 500-1-1, 33 CFRpart 203.
(ii) During major drought situations or low-flow conditions,
narrative summaries of the situation should be furnished to alert the
Chief of Engineersregarding the possibility of serious runoff
deficiencies that are likely to call for actions associated with Corps
of Engineers reservoirs.
(iii) The reports referred to in paragraphs (m)(7) (i) and (ii) of
this section will include general summaries regarding the status of
reservoirstorage, existing and forecasted at the time of the reports.
(8) Reports on project operations during flood emergencies.
Information on project regulations to be included in reports submitted
to the Chiefof Engineers during flood emergencies in accordance with ER
500-1-1 include rate of inflow and outflow in CFS, reservoir levels,
predictedmaximum level and anticipated date, and percent of flood
control storage utilized to date. Maximum use should be made of
computerized communicationfacilities in reporting project status to
DAEN-CWO-E/CWE-HW in accordance with the requirements of ER 500-1-1, 33
CFR part 203.
(9) Post-flood summaries of project regulation. Project regulation
effects including evaluation of the stage reductions at key stations
andestimates of damages prevented by projects will be included in the
post flood reports required by ER 500-1-1, 33 CFR part 203.
(n) Water Control Management Boards. (1) The Columbia River Treaty
Permanent Engineering Board was formed in accordance with the Columbia
RiverTreaty with Canada. This board, composed of U.S. and Canadian
members, oversees the implementation of the Treaty as carried out by the
U.S. and CanadianEntities.
(2) The Mississippi River Water Control Management Board was
established by ER 15-2-13. It consists of the Division Commanders from
LMVD,MRD, NCD, ORD, and SWD with the Director of Civil Works serving as
chairman. The purposes of the Board are:
(i) To provide oversight and guidance during the development of
basin-wide management plans for Mississippi River Basin projects for
which the US ArmyCorps of Engineers has operation/regulation
responsibilities.
(ii) To serve as a forum for resolution of water control problems
among US Army Corps of Engineers Divisions within the Mississippi River
Basin whenagreement is otherwise unobtainable.
(o) List of projects. Projects owned and operated by the Corps of
Engineers subject to this regulation are listed with pertinent data in
AppendixE. This list will be updated periodically to include Corps
projects completed in the future. Federal legislation, Federal
regulations and local agreementshave given the Corps of Engineers wide
responsibilities for operating projects which it does not own. Non-Corps
projects subject to this regulation areincluded in Appendix A of ER
1110-2-241.
Appendix A to Sec. 222.5--References
1. The Federal Power Act, Pub. L. 436-83, approved 10 June 1920, as
amended (41 Stat. 1063; 16 U.S.C. 791(a))
2. Section 3 of the Flood Control Act approved 22 June 1936, as amended
(49 Stat. 1571; 33 U.S.C. 701(c))
3. Section 9(b) of Reclamation Project Act of 1939, approved 4 August
1939 (53 Stat. 1187; 43 U.S.C. 485)
4. Section 7 of the Flood Control Act approved 22 December 1944 (58
Stat. 890; 33 U.S.C. 709)
5. Section 5 of Small Reclamation Projects Act of 6 August 1956, as
amended (70 Stat. 1046; 43 U.S.C. 422(e))
6. Section 9 of Pub. L. 436-83d Congress (68 Stat. 303)
7. The Fish and Wildlife Coordination Act of 1958, Pub. L. 85-624
8. The Federal Water Project Recreation Act Uniform Policies, Pub. L.
89-72
9. The National Environmental Policy Act of 1969, Pub. L. 91-190
10. The Clean Water Act of 1977, Pub. L. 95-217
11. Executive Order 12088, Federal Compliance with Pollution Control
Standards, 13 October 1978
12. 33 CFR 208.10, Local flood protection works; maintenance and
operation of structures and facilities (9 FR 9999; 9 FR 10203)
13. 33 CFR 208.11, Regulations for use of Storage Allocated for Flood
Control or Navigation and/or Project Operation at Reservoirs
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subject toPrescription of Rules and Regulations by the Secretary of the
Army in the Interest of Flood Control and Navigation (43 FR 47184)
14. AR 18-1
15. ER 11-2-101
16. ER 15-2-13
17. ER 500-1-1, 33 CFR part 203
18. ER 1110-2-241, 33 CFR part 208
19. ER 1110-2-1400
20. ER 1110-2-1402
21. ER 1110-2-1941
22. ER 1125-2-301
23. ER 1130-2-303
24. ER 1130-2-334
25. ER 1130-2-415
26. ER 1130-2-417
27. ER 1130-2-419
28. EM 1110-2-3600
Appendix B to Sec. 222.5--Summary of Corps of Engineers
Responsibilities for Prescribing Regulations for Non-Corps Reservoir
Projects
Summary
1. (a) ``Regulations for Use of Storage Allocated for Flood Control
or Navigation and/or Project Operation at Reservoirs subject to
Prescriptionof Rules and Regulations by the Secretary of the Army in the
Interest of Flood Control and Navigation'' (33 CFR 208.11) prescribe
theresponsibilities and general procedures for regulating reservoir
projects capable of regulation for flood control or navigation and the
use of storageallocated for such purposes and provided on the basis of
flood control and navigation, except projects owned and operated by the
Corps of Engineers; theInternational Boundary and Water Commission,
United States and Mexico; and those under the jurisdiction of the
International Joint Commission, UnitedStates and Canada, and the
Columbia River Treaty.
(b) Pertinent information on projects for which regulations are
prescribed under Section 7 of the 1944 Flood Control Act, (Pub. L. 78-58
Stat.890 (33 U.S.C. 709)) the Federal Power Act (41 Stat. 1063 (16
U.S.C. 791(A))) and Section 9 of Pub. L. 436-83d Congress (68 Stat. 303)
is publishedin the Federal Register in accordance with 33 CFR 208.11.
Publication in the Federal Register establishes the fact and the
date of a project's regulation plan promulgation.
2. Section 7 of Act of Congress approved 22 December 1944 (58 Stat.
890; 33 U.S.C. 709), reads as follows:
``Hereafter, it shall be the duty of the Secretary of War to
prescribe regulations for the use of storage allocated for flood control
ornavigation at all reservoirs constructed wholly or in part with
Federal funds provided on the basis of such purposes, and the operation
of any such projectshall be in accordance with such regulations:
Provided, That this section shall not apply to the Tennessee Valley
Authority, except that in case ofdanger from floods on the Lower Ohio
and Mississippi Rivers the Tennessee Valley Authority is directed to
regulate the release of water from the TennesseeRiver into the Ohio
River in accordance with such instructions as may be issued by the War
Department.''
3. Section 9(b) of the Reclamation Project Act of 1939, approved 4
August 1939 (53 Stat. 1189, 43 U.S.C. 485), provides that the Secretary
of theInterior may allocate to flood control or navigation as part of
the cost of new projects or supplemental works; and that in connection
therewith he shallconsult with the Chief of Engineers and may perform
any necessary investigations under a cooperative agreement with the
Secretary of the Army. Theseprojects are subject to 33 CFR 208.11
regulations.
4. Several dams have been constructed by State agencies under
provisions of legislative acts wherein the Secretary of the Army is
directed to prescriberules and regulations for project operation in the
interest of flood control and navigation. These projects are subject to
33 CFR 208.11 regulations.
5. There are few dams constructed under Emergency Conservation work
authority or similar programs, where the Corps of Engineers has
performed majorrepairs or rehabilitation, that are operated and
maintained by local agencies which are subject to 33 CFR 208.11
regulations.
6. The Federal Power Act, approved 10 June 1920, as amended (41
Stat. 1063, 16 U.S.C. 791 (A)), established the Federal Power
Commission, now FederalEnergy Regulatory Commission (FERC), with
authority to issue licenses for constructing, operating, and maintaining
dams or other project works for thedevelopment of navigation, for
utilization of water power and for other beneficial public uses in any
streams over which Congress has jurisdiction. TheChief of Engineers is
called upon for advice and assistance as needed in formulating reservoir
regulation requirements somewhat as follows:
a. In response to requests from the FERC, opinions and technical
appraisals are furnished by the Corps of Engineers for consideration
prior to issuanceof licenses by the FERC. Such assistance may be limited
to general presentations, or may include relatively detailed proposals
for water control plans,depending upon the nature and scope of projects
under consideration. The information furnished is subject to such
consideration and use as the Chairman,FERC, deems appropriate. This may
result in inclusion of simple provisions in licenses without
elaboration, or relatively detailed requirements forreservoir regulation
schedules and plans.
b. Some special acts of Congress provide for construction of dams
and reservoirs by non-Federal agencies or private firms under
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licenses issued bythe FERC, subject to stipulation that the operation
and maintenance of the dams shall be subject to reasonable rules and
regulations of the Secretary ofthe Army in the interest of flood control
and navigation. Ordinarily no Federal funds are involved, thus Section 7
of the 1944 Flood Control Act does notapply. However, if issuance of
regulations by the Secretary of the Army is required by the authority
under which flood control or navigation provisions areincluded as
functions of the specific project or otherwise specified in the FERC
license, regulation plans will be prescribed in accordance with 33
CFR208.11 regulations.
7. Projects constructed by the Corps of Engineers for local flood
protection purposes are subject to conditions of local cooperation as
provided inSection 3 of the Flood Control Act approved 22 June 1936, as
amended. One of those conditions is that a responsible local agency will
maintain and operateall works after completion in accordance with
regulations prescribed by the Secretary of the Army. Most such projects
consist mainly of levees and floodwalls with appurtenant drainage
structures. Regulations for operation and maintenance of these projects
has been prescribed by the Secretary of the Army in33 CFR 208.10. When a
reservoir is included in such a project, it may be appropriate to apply
33 CFR 208.10 in establishing regulations for operation,without
requiring their publication in the Federal Register. For example, if the
reservoir controls a small drainage area, has an uncontrolled
floodcontrol outlet with automatic operation or contains less than
12,500 acre-feet of flood control or navigation storage, 33 CFR 208.10
may be suitable.However, 33 CFR 208.11 regulations normally would be
applicable in prescribing flood control regulations for the individual
reservoir, if the project has agated flood control outlet by which the
local agency can regulate floods.
8. Regulation plans for projects owned by the Corps of Engineers are
not prescribed in accordance with 33 CFR 208.11. However, regulation
plans forprojects constructed by the Corps of Engineers and turned over
to other agencies or local interests for operation may be prescribed in
accordance with 33CFR 208.11.
9. The Small Reclamation Projects Act of 6 August 1956 provides that
the Secretary of the Interior may make loans or grants to local agencies
for theconstruction of reclamation projects. Section 5 of the Act
provides in part that the contract covering any such grant shall set
forth that operation be inaccordance with regulations prescribed by the
head of the Federal department or agency primarily concerned. Normally,
33 CFR 208.11 is not applicable tothese projects.
Appendix C to Sec. 222.5--Procedures for Developing and Processing
Regulations for Non-Corps Projects in Conformance with 33 CFR 208.11
1. Sequence of actions. a. Discussions leading to a clarification of
conditions governing allocations of storage capacity to flood control
ornavigation purposes and project regulation are initiated by District/
Division Engineers through contacts with owners and/or operating
agencies concerned atregional level.
b. Background information on the project and conditions requiring
flood control or navigation services, and other relevant factors, are
assembled bythe District Engineer and incorporated in a ``Preliminary
Information Report''. The Preliminary Information Report will be
submitted to theDivision Engineer for review and approval. Normally, the
agency having jurisdiction over the particular project is expected to
furnish information onproject features, the basis for storage
allocations and any other available data pertinent to the studies. The
Corps of Engineers supplements thisinformation as required.
c. Studies required to develop reservoir regulation schedules and
plans usually will be conducted by Corps of Engineers personnel at
District level,except where the project regulation affects flows in more
than one district, in which case the studies will be conducted by or
under supervision ofDivision personnel. Assistance as may be available
from the project operating agency or others concerned will be solicited.
d. When necessary agreements are reached at district level, and
regulations developed in accordance with 33 CFR 208.11 and EM1110-2-
3600, they will be submitted to the Division Commander for review and
approval, with information copies for DAEN-CWE-HW. Usually
theregulations include diagrams of operating parameters.
e. For projects owned by the Bureau of Reclamation, the respective
Regional Directors are designated as duly authorized representatives of
theCommissioner of Reclamation. By letter of 20 October 1976, the
Commissioner delegated responsibilities to the Regional Directors as
follows:``Regarding the designated authorization of representatives of
the Commissioner of Reclamation in matters relating to the development
and processingof Section 7 flood control regulations, we are designating
each Regional Director as our duly authorized representative to sign all
letters ofunderstanding, water control agreements, water control
diagrams, water control release schedules and other documents which may
become part of theprescribed regulations.
[[Page 235]]
The Regional Director also will be responsible for obtaining the
signature of the designated operating agency on thesedocuments where
such is required. Regarding internal coordination within the Bureau of
Reclamation, the Regional Directors will obtain the review andapproval
of this office and at appropriate offices with our Engineering and
Research Center, Denver, Colorado, prior to signing water
controldocuments.''
f. In accordance with the delegation cited in paragraph e, 33 CFR
208.11 regulations pertaining to Bureau of Reclamation projects will be
processed asfollows:
(1) After regulation documents submitted by District Commanders are
reviewed and approved by the Division Commander they are transmitted to
therespective Regional Director of the Bureau of Reclamation for
concurrence of comment, with a request that tracings of regulation
diagrams be signed andreturned to the Division Commander.
(2) If any questions arise at this stage appropriate actions are
taken to resolve differences. Otherwise, the duplicate tracings of the
regulationdiagram are signed by the Division Commander and transmitted
to the office of the project owner for filing.
(3) After full agreement has been reached in steps (1) and (2), the
text of proposed regulations is prepared in final form. Copies of any
diagramsinvolved are included for information only.
(4) A letter announcing completion of action on processing the
regulations, with pertinent project data as specified in paragraph
208.11(d)(11) of 33CFR 208.11, and one copy of the signed tracings of
diagrams are forwarded to HQDA (DAEN-CWE-HW) WASH DC 20314 for
promulgation and filing. The office ofthe Chief of Engineers will
forward the pertinent project data to the Liaison Officer with the
Federal Register, requesting publication in the FederalRegister.
g. Regulations developed in accordance with 33 CFR 208.11 and
applicable to projects that are not under supervision of the Bureau of
Reclamation areprocessed in substantially the manner described above.
All coordination required between the Corps of Engineers and the
operating agency will beaccomplished at field level.
h. Upon completion of actions listed above, Division Commanders are
responsible for informing the operating agencies at field level that
regulationshave been promulgated.
2. Signature blocks: Some 33 CFR 208.11 regulations contain diagrams
of parameter curves that cannot be published in the Federal Register,but
are made a part thereof by appropriate reference. Each diagram bears a
title block with spaces for the signature of authenticating officials of
theCorps of Engineers and the owner/operating agency of the project
involved.
3. Designation of Corps of Engineers Representatives. Division
Commanders are designated representatives of the Chief of Engineers in
mattersrelating to development and processing of 33 CFR 208.11
regulations for eventual promulgation through publication of selected
data specified in paragraph(d)(11) Sec. 208.11. Division Commanders are
designated as the Corps of Engineers signee on all letters of
understanding, water controlagreements and other documents which may
become part of prescribed regulations for projects located in their
respective geographic areas, and which aresubject to the provisions of
33 CFR 208.11.
Appendix D to Sec. 222.5--Sample Tabulation
Bardwell Lake, Monthly Lake Report, May 1975
----------------------------------------------------------------------------------------------------------------
Elevations 0800: Storage Evap Pump Release Inflow Rain,
Day 2,400 feet-MSL 2400 A-F DSF DSF DSF adj. DSF inch
----------------------------------------------------------------------------------------------------------------
1.................................... 421.30 421.31 55979 28 2.0 0 84 0.00
2.................................... 421.32 421.37 56196 5 2.0 0 117 .00
3.................................... 421.43 421.44 56449 23 1.9 0 152 .14
4.................................... 421.45 421.47 56558 1 1.8 0 58 .00
5.................................... 421.49 421.34 56088 1 2.0 324 50 .00
6.................................... 421.20 421.01 54902 14 1.9 632 50 .00
7.................................... 420.88 420.89 54473 4 2.0 269 59 .09
8.................................... 420.89 420.91 54544 5 2.3 0 44 .00
9.................................... 420.90 420.89 54473 11 1.5 0 38 .00
10................................... 420.90 420.90 54509 28 3.0 0 27 .00
11................................... 420.91 421.35 56124 26 1.8 0 824 .00
12................................... 421.54 421.65 57213 31 2.1 0 582 1.61
13................................... 421.70 421.75 57578 29 2.2 0 216 .00
14................................... 421.78 421.76 57614 34 1.9 249 303 .03
15................................... 421.69 421.52 56739 22 1.9 643 225 .57
16................................... 421.39 421.28 55871 39 2.1 535 138 .00
17................................... 421.19 421.09 55188 10 2.2 393 119 .00
18................................... 421.03 421.05 55045 46 2.0 143 60 .00
19................................... 421.04 421.07 55116 17 2.3 0 55 .00
20................................... 421.06 421.30 55943 21 2.1 0 440 .21
21................................... 421.39 421.47 56558 20 2.1 0 332 .97
22................................... 421.50 421.39 56268 42 2.1 247 145 .00
23................................... 421.37 424.91 69726 31 2.0 328 7146 .22
[[Page 236]]
24................................... 425.61 426.15 74825 22 2.0 0 2595 2.38
25................................... 426.15 426.55 76523 18 2.3 0 876 .11
26................................... 426.72 426.80 77598 42 2.1 0 586 .00
27................................... 426.95 427.00 78465 23 2.0 0 462 .00
28................................... 427.14 427.15 79116 31 2.1 0 361 .19
29................................... 427.31 427.70 81528 61 1.9 0 1279 .20
30................................... 427.94 428.05 83082 11 2.0 0 796 1.02
31................................... 428.20 428.22 83837 7 2.1 0 389 .00
Monthly total:
(DSF).............................. ................ ......... 700 64 3763 18626 7.74
(A-F).............................. ................ 27966 1389 126 7464 36945 .......
----------------------------------------------------------------------------------------------------------------
[[Page 237]]
Appendix E to Sec. 222.5--List of Projects
--------------------------------------------------------------------------------------------------------------------------------------------------------
Elev limits feet Area in acres
Project Storage M.S.L. --------------------
Project name \1\ State/county Stream \1\ purpose \2\ 1,000 AF -------------------- Auth legis \3\
Upper Lower Upper Lower
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lower Mississippi Valley Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alligator--Catfish FG........ MS Issaquena.... Little F 0.0 0.0 0.0 0 0 FCA Jun 36.
Sunflower.
Arkabutla Lk................. MS Desoto....... Coldwater...... F 525.0 238.3 209.3 33,400 5,100 FCA Jun 36.
Ascalmore--Tippo FG & CS..... MS Tallahatchie. Ascalmore...... F 0.0 136.0 118.0 0 0 FCA Jun 36.
Bienvenue FG................. LA St Bernard... Bayou Bienvenue F 0.0 2.0 2.0 0 0 PL 298-89
Big Lk Ditch 81 CS.. AR Mississippi.. Ditch 81 C 0.0 0.0 230.0 0 0 FCA Oct 65.
Extension..
Big Lk Div CS................ AR Mississippi.. Little R....... C 0.0 0.0 230.0 0 0 FCA Oct 65.
Big Lk North End CS.......... AR Mississippi.. Little R....... C 0.0 0.0 230.0 0 0 FCA Oct 65.
Big Lk South end CS.......... AR Mississippi.. Ditch 28....... C 0.0 0.0 230.0 0 0 FCA Oct 65.
Birds Point--New Madrid Div MO New Madrid... Mississippi.... F 0.0 330.5 328.5 131,000 71,000 FCA May 28.
Floodway.
Bodcau Lk.................... LA Bossier...... Bayou Bodcau... F 35.3 199.5 157.0 21,000 110 PL 74-839.
Bonnet Carre Div Spillway.... LA St Charles... Mississippi R.. F 0.0 24.0 20.0 0 0 FCA May 28.
Bowman Lock.................. LA Vermilion.... GIWW........... I 0.0 1.2 1.2 0 0 PL 79-14.
Caddo Lk..................... LA Caddo........ Cypress Bayou.. N 128.6 182.7 168.5 59,000 26,800 FCA Oct 65.
Cairo 10th & 20th St PS...... IL Pulaski...... Ohio........... F 0.0 310.5 299.0 0 0 PL 90-483.
Calcasieu SW Barrier & Lock.. LA Calcasieu.... Calcasieu R.... I 0.0 1.2 1.2 0 0 RHA Oct 62.
PL 79-525.
Calion L&D................... AR Union........ Ouachita....... N 0.0 77.0 77.0 12,200 12,200 RHA 1950.
Calument FG East & West...... LA St Mary...... Wax Lake Outlet FN 0.0 3.0 3.0 0 0 FCA Jun 36.
Bayou Teche.
Cannon Re-reg................ MO Ralls........ Salt R......... PCA 5.8 528.0 521.0 1,020 460 HD 507.
Carlyle Lk................... IL Clinton...... Kaskaskia R.... F 699.0 462.5 445.0 50,440 24,580 SD 44.
NMCAR 233.0 445.0 429.5 0 7,100 .......................
Catahoula Lk CS.............. LA LaSalle...... Catahoula Div.. CR 118.0 34.0 27.0 25,000 94 RHA 1960.
Catfish Point CS............. LA Cameron...... Mermentau R.... FN 0.0 1.2 1.2 0 0 FCA Aug 41, RHA Jul 64.
Charenton FG................. LA St Mary...... Grand Lk....... FN 0.0 0.0 0.0 0 0 RHA Jul 46, FCA May 28.
Cocodrie FG FG............... LA Concorida.... Bayou Cocodrie. F 0.0 46.0 13.0 0 0 FCA Aug 41.
Collins Cr................... MS Warren....... Collins Cr..... F 0.0 84.0 67.0 0 0 FCA 1941.
Columbia L&D................. LA Caldwell..... Ouachita....... N 0.0 52.0 52.0 7,070 7,070 RHA 1950.
Connerly CS.................. AR Chicot....... Connerly Bayou. FCR 0.0 116.0 106.0 0 0 FCA Aug 68.
Courtableau Drainage CS...... LA St Landry.... Bayou F 0.0 18.0 16.0 0 0 FCA May 28, PL 391-70.
Courtableau.
Darbonne CS.................. LA St. Landry... Bayou Darbonne. FI 0.0 18.0 16.0 0 0 FCA May 28, PL 391-70.
DeGray LK.................... AR Desoto....... Caddo.......... FNPMRA 881.9 423.0 345.0 23,800 6,400 RHA 1950, WSA 1958.
DeGray Rereg. St............. AR Clark........ Caddo.......... NMRA 3.6 221.0 209.0 430 90 RHA 1950. WSA 1958.
Ditch Bayou Dam.............. AR Chicot....... Ditch Bayou.... FCR 0.0 106.0 93.0 0 0 FCA Aug 68.
Drainage Dist 17 PS. AR Mississippi.. Ditch 71....... F 3.0 236.0 228.0 4,100 0 FCA Aug 68, PL 90-483.
Drinkwater PS................ MO Mississippi.. Drinkwater F 20.6 315.0 307.0 4,000 700 FCA May 50, PL 516.
Sewer.
Dupre FG..................... LA St Bernard... Bayou Dupre.... F 0.0 2.0 2.0 0 0 PL 298-89.
East St Louis PS............. IL St. Clair.... IDD............ F 0.0 0.0 0.0 0 0 FC Act 36.
Empire FG Hurr Prot & Lock... LA Plaque mines. Mississippi R.. F 0.0 5.0 5.0 0 0 PL 874-87.
Enid Lk...................... MS Yalobusha.... Yacona......... F 660.0 268.0 230.0 28,000 6,100 FCA Jun 36.
Felsenthal L&D............... AR Union........ Ouachita....... N 32.5 70.0 65.0 46,500 17,500 RHA 1950.
[[Page 238]]
Finley Street PS............. TN Dyer......... Forked Deer.... F 0.5 269.0 257.0 94 22 FCA 1948, PL 85-500.
Freshwater Lock.............. LA Vermilion.... Freshwater I 0.0 0.0 0.0 0 0 PL 86-645.
Bayou.
NI
Graham Burke PS.............. AR Phillips..... White.......... F 2,805.0 174.8 140.0 149,000 2,500 FCA May 28, PL 85-500.
Grenada Lk................... MS Grenada...... Yalobusha Skuna F 1,357.4 231.0 193.0 64,600 9,800 FCA Jun 36.
Huxtable PS.................. AR Lee.......... St Francis..... F 2,863.0 207.2 165.0 18,500 1,400 FCA May 50.
Jonesville L&D............... LA Catahoula.... Black.......... N 0.0 34.0 34.0 7,120 7,120 RHA 1950.
Kaskaskia L&D................ IL Randolph..... Kaskaskia R.... N 1.1 368.0 363.0 1,300 1,200 SD 44.
L&D 1........................ LA Catahula..... Red R.......... N 0.0 40.0 40.0 0 0 PL 90-483.
L&D 2........................ LA Rapides...... Red R.......... N 0.0 71.2 64.0 0 0 PL 90-483.
L&D 3........................ LA Rapides...... Red R.......... N 0.0 95.0 91.5 0 0 PL 90-483.
L&D 4........................ LA Natchitoches. Red R.......... N 0.0 120.0 119.6 0 0 PL 90-483.
L&D 5........................ LA Red R........ Red R.......... N 0.0 145.0 140.2 0 0 PL 90-483.
L&D 24....................... MO Pike......... Mississippi R.. N 29.7 449.0 445.0 13,000 12,000 R&H Act, Jul 3/30.
R&H Act, Aug 30/35.
L&D 25....................... MO Lincoln...... Mississippi R.. N 49.7 434.0 429.7 18,000 16,600 R&H Act, Jul 3/30.
R&H Act, 8/30/35.
L&D 26....................... IL Madison...... Mississippi R.. N 107.1 419.0 414.0 30,000 27,700 R&H Act, Jul 3/30.
R&H Act, 8/30/1935.
Larose to Golden Meadow Hurr LA LaFourche.... Bayou LaFourche F 0.0 3.0 3.0 0 0 FCA Oct 65, PL 89-298.
Prot FG.
Little Sun flower CS......... MS Issaquena.... Lit. Sunflower. F 0.0 85.0 60.0 0 0 FCA 1941.
Lk 9 Culvert & PS... KY Fulton....... Mississippi.... F 6.5 286.0 282.0 0 0 FCA Oct 65.
Lk Chicot PS................. AR Chicot....... Macon Lk....... FCR 0.0 118.2 90.0 0 0 FCA Aug 68.
Lk Greeson................... AR Pike......... Little Missouri P 0.0 563.0 436.9 0 0 FCA 1941.
FP 407.9 563.0 504.0 9,800 2,500 .......................
Lk Ouachita.................. AR Garland...... Ouachita....... P 0.0 592.0 480.0 0 0 FCA Dec 44.
Long Branch DS............... LA Catahoula.... Catahoula Div.. F 0.0 32.5 32.5 0 0 FCA May 50.
Mark Twain Lk................ MO Ralls........ Salt R......... F 894.0 638.0 606.0 38,400 18,600 HD 507.
PMCAR 457.0 606.0 567.2 18,600 5,900 .......................
Marked Tree Siphon........... AR Poinsett..... St. Francis.... F 0.0 229.0 198.3 0 0 FCA Jun 30.
Morganza Div CS.............. LA Point Coupee. Morganza F 0.0 59.5 49.0 0 0 FCA May 28.
Floodway.
Muddy Bayou CS............... MS Warren....... Muddy Bayou.... FC 30.0 76.9 70.0 4,350 2,860 FCA Oct 65.
Old River Div CS Low Sill LA W. Feliciana. Old R.......... F 0.0 70.0 5.0 0 0 PL 83-780.
Overbank & Aux.
Old River Lock............... LA W Feliciana.. Old R.......... N 0.0 65.4 10.0 0 0 FCA Sep 54, PL 780-83.
Port Allen Lock.............. LA Port Allen... GIWW........... N 0.0 46.1 2.6 0 0 RHA Jul 46.
Prairie Dupont East & West PS IL St Clair..... IDD............ F 0.0 0.0 0.0 0 0 FC Act 62.
Rapides-Boeuf Div Canal CS... LA Rapides...... Bayou Rapides.. F 0.0 66.0 62.2 0 0 FCA Aug 41, GD 359-77.
Rend Lk...................... IL Franklin..... Big Muddy R.... F 109.0 405.0 410.0 24,800 18,900 HD 541.
MA 160.0 405.0 391.3 18,900 5,400 .......................
Sardis Lk.................... MS Panola....... Little F 1,569.9 281.4 236.0 58,500 10,700 FCA Jun 36.
Sunflower.
Schooner Bayou CS & Lock..... LA Vermilion.... Schooner Bayou. I 0.0 1.2 1.2 0 0 FCA Aug 41.
Shelbyville Lk............... IL Shelby....... Kaskaskia R.... F 474.0 626.5 599.7 25,300 11,100 HD 232.
[[Page 239]]
NMCAR 180.0 599.7 573.0 11,100 3,000 .......................
Sorrell Lock................. LA Iberville.... GIWW........... N 0.0 29.7 3.5 0 0 FCA May 28.
St Francis Lk CS............. AR Poinsett..... Oak Donnick C 0.0 0.0 210.0 0 2,240 FCA Oct 65.
Floodway.
Steele Bayou CS.............. MS Issaquena.... Steele Bayou... F 0.0 68.5 60.0 0 0 FCA 1941.
Tchula Lk Lower FG........... MS Humphreys.... Tchula Lk...... F 0.0 110.0 84.0 0 0 FCA Jun 36.
Tchula Lk Upper FG........... MS Humphreys.... Tchula Lk...... F 0.0 108.0 92.0 0 0 FCA Jun 36.
Teche-Vermilion PS & CS...... LA St Mary...... Atchafalaya R.. MI 0.1 18.0 16.0 0 0 PL 89-789, FCA May 28.
Tensas-Cocodrie PS........... LA Cocordia..... Bayou Corcodrie F 0.0 37.0 23.0 0 0 FCA Oct 65.
Treasure Island PS........... MO Dunklin...... Little R....... F 23.4 252.0 235.0 7,800 180 FCA Jul 46.
Wallace Lk................... LA Caddo........ Cypress Bayou.. F 96.1 158.0 142.0 9,300 2,300 RHA Mar 45, PL 75-761.
Wappapello Lk................ MO Wayne........ St Francis R... F 613.2 394.7 354.7 23,200 5,200 HD 159.
Wasp Lk...................... MS Humphreys.... Wasp Lk-Bear Cr F 0.0 111.6 88.5 0 0 FCA Jun 36.
West Hickman PS.............. KY Fulton....... Mississippi.... F 0.0 302.0 296.0 9 4 FCA 1948.
Wood R PS.................... IL Madison...... IDD............ F 0.0 0.0 0.0 0 0 FC Act 38.
Yazoo City PS................ MS Yazoo........ Yazoo.......... F 0.0 96.0 69.0 0 0 FCA Jun 36.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Missouri River Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bear Creek Dam & Res......... CO Jefferson.... Bear Cr........ F 28.8 5,635.5 5,558.0 718 109 PL 90-483.
FCR 1.9 5,558.0 5,528.0 109 17 SD 87-90.
Big Bend Dam & Lk Sharpe..... SD Lyman Buffalo Missouri R..... F 61.0 1,423.0 1,422.0 61,000 60,000 PL 78-534.
Hughes.
FNPIMCAR 117.0 1,422.0 1,420.0 60,000 57,000 SD 247-78.
Blue Springs Dam & Lk........ MO Jackson...... Little Blue R.. F 15.8 820.0 802.0 982 722 PL 90-483.
FRC 10.8 802.0 760.0 722 0 HD 169-90.
Blue Stem Lake & Dam 4....... NE Lancaster.... Olive Br. Salt F 7.2 1,322.5 1,307.4 660 315 PL 85-500.
Creek.
FCR 3.0 1,307.4 1,277.0 315 1 HD 396-84.
Bowman-Haley Dam & Res....... ND Bowman....... No Fk Grand F 72.7 2,777.0 2,754.8 5,131 1,732 PL 87-874.
River.
FMCR 15.5 2,754.8 2,740.0 1,732 565 HD 574-87.
Branched Oak Lk & Dam 18..... NE Lancaster.... Oak Creek trib. F 71.6 1,311.0 1,284.0 3,640 1,780 PL 85-500.
Salt Creek.
FCR 26.0 1,284.0 1,250.0 1,780 0 HD 396-84.
Bull Hook Dam................ MT Hill......... Bull Hook Cr F 6.5 2,593.0 2,540.0 283 0 PL 78-534.
Scott Coulee.
Cedar Canyon Dam............. SD Pennington... Deadman's Gulch F 0.1 3,545.0 3,526.0 11 2 PL 80-858.
Chatfield Dam & Res.......... CO Douglas...... S Platte....... F 204.7 5,500.0 5,432.0 4,742 1,412 PL 81-516.
FQ 26.7 5,432.0 5,385.0 1,412 12 HD 669-80.
Cherry Cr Dam & Res.......... CO Araphahoe.... Cherry Cr...... F 80.0 5,598.0 5,550.0 2,637 852 PL 77-228.
FR 14.0 5,550.0 5,504.0 852 0 HD 426-76, PL 78-534.
Clinton Dam & Lk............. KS Douglas...... Wakarusa R..... F 267.8 903.4 875.5 12,891 7,006 PL 87-874.
FMCAR 129.2 875.5 820.0 7,006 0 SD 122-87.
Cold Brook Dam & Res......... SD Fall River... Cold Brook..... F 6.7 3,651.4 3,585.0 198 36 PL 77-228.
FR 0.5 3,585.0 3,548.0 36 0 HD 655-76.
Conestoga Lake & Dam 12...... NE Lancaster.... Holmes Cr Trib F 8.0 1,252.0 1,232.9 620 230 PL 85-500.
to Salt Cr.
FCR 2.6 1,232.9 1,197.0 230 1 HD 396-84.
Cottonwood Springs Dam & Res. SD Fall River... Cottonwood F 7.7 3,936.0 3,875.0 214 44 PL 77-228.
Springs Cr.
FR 0.2 3,875.0 3,868.0 44 30 HD 655-76.
Fort Peck Dam & Res.......... MT Valley, Mc Missouri R..... F 977.0 2,250.0 2,246.0 249,000 240,000 PL 73-409.
Cone Garfield.
[[Page 240]]
FNPIMCAR 13,649.0 2,246.0 2,160.0 240,000 92,000 PL 75-529, HD 238-73.
PL 78-534, SD247-78.
Fort Randall Dam, Lk Francis SD Gregory Missouri R..... F 985.0 1,375.0 1,365.0 102,000 95,000 PL 78-534.
Case. Charles.
FNPIMCAR 3,021.0 1,365.0 1,320.0 95,000 41,000 SD 247-78.
Garrison Dam, Lk Sakakawea... ND Mercer McLean Missouri R..... F 1,494.0 1,854.0 1,850.0 382,000 365,000 PL 78-534.
FNPIMCAR 17,440.0 1,850.0 1,775.0 365,000 129,000 SD 247-78.
Gavins Point Dam, Lewis & SD Yankton...... Missouri R..... F 61.0 1,210.0 1,208.0 32,000 29,000 PL 78-534.
Clark Lk.
NE Knox......... FNPIMCAR 95.0 1,208.0 1,204.5 29,000 25,000 SD 247-78.
Glenn Cunningham Lk, Dam 11.. NE Douglas...... Little F 14.0 1,142.0 1,121.0 922 392 PL 90-483.
Papillion Cr.
FRCA 3.9 1,121.0 1,085.0 392 0 HD 349-90.
Harlan County Lk............. NE Harlan....... Republican R... F 498.0 1,973.5 1,946.0 23,064 13,249 PL 77-228.
FI 342.6 1,946.0 1,875.0 13,249 0 HD 892-76, PL-78-534.
Harry S Truman Dam & Res..... MO Benton....... Osage R........ F 4,005.9 739.6 706.0 209,300 55,600 PL 83-780.
FPCR 1,203.4 706.0 635.0 55,600 0 HD 549-81, PL 87-874.
HD 578-87.
Hillsdale Lk................. KS Miami........ Big Bull Cr.... F 83.6 931.0 917.0 7,410 4,580 PL 83-780.
FNMCAR 76.3 917.0 852.4 4,580 0 HD 642-81.
Holmes Park Lk & Dam 17...... NE Lancaster.... Antelope Cr F 5.7 1,266.0 1,242.4 410 100 PL 85-500.
Trib to Salt
Cr.
FCR 0.8 1,242.4 1,218.0 100 3 HD 396-84.
Kanopolis Lk................. KS Ellsworth.... Smoky Hill R... F 370.0 1,508.0 1,463.0 13,999 3,560 PL 75-761.
FI 55.8 1,463.0 1,425.0 3,560 0 PL 78-534, HD 842-76.
Kelly Road Dam............... CO Araphoe...... Westerly Cr.... F 0.3 5,362.0 5,342.0 38 0 PL 80-858, PL 84-99.
Long Branch Lk............... MO Randolph..... Little East Fk F 30.4 801.0 791.1 3,670 2,429 PL 89-298.
Chariton R.
FCAR 34.6 791.0 751.1 2,429 0 HD 238-89.
Longview Lk.................. MO Jackson...... Little Blue R.. F 24.8 909.0 891.0 1,960 930 PL 90-483.
FCAR 22.1 891.0 810.0 930 0 HD 169-90.
Melvern Lk................... KS Osage........ Marais des F 208.4 1,057.0 1,036.0 13,948 6,928 PL 83-780.
Cygnes R.
FNMCAR 154.4 1,036.0 960.0 6,928 0 PL 75-761, HD 549-81.
Milford Lk................... KS Geary........ Republican R... F 756.7 1,176.2 1,144.4 27,255 17,270 PL 83-780.
FCA 388.8 1,144.4 1,080.0 15,709 0 HD 642-81, PL 75-761.
Oahe Dam & Lk................ ND 4 Counties... Missouri R..... F 1,097.0 1,620.0 1,617.0 373,000 359,000 PL 78-534.
SD 8 Counties... FNPIMCAR 16,789.0 1,617.0 1,540.0 359,000 117,000 SD 247-78.
Olive Cr Lk & Dam 2.......... NE Lancaster.... Olive Br of F 4.0 1,350.0 1,335.0 355 174 HD 396-84.
Salt Cr.
FCR 1.5 1,335.0 1,314.0 174 4 PL 85-500.
Papio Dam Site 18 & NE Douglas...... Boxelder Cr F 7.1 1,128.2 1,110.0 595 255 PL 90-483.
Lk. Papio Cr.
FCAR 3.4 1,110.0 1,060.5 255 0 HD 349-90.
Papio Dam Site 20 & NE Sarpy........ Trib South F 6.1 1,113.1 1,096.0 493 246 PL 90-483.
Lk. Branch Papio.
FCAR 2.7 1,096.0 1,069.0 246 10 HD 349-90.
Pawnee Lk & Dam 14........... NE Lancaster.... No. Middle Cr F 21.0 1,263.5 1,244.3 1,470 728 PL 85-500.
of Salt Cr.
FCR 8.5 1,244.3 1,206.0 728 1 HD 396-84.
Perry Lk..................... KS Jefferson.... Delaware R..... F 521.9 920.6 891.5 25,342 12,202 PL 83-780.
FN 243.2 891.5 825.0 122 0 HD 642-81.
Pipestem Dam & Res........... ND Stutsman..... Pipestem Cr.... F 137.0 1,496.3 1,442.4 4,754 885 PL 89-298.
[[Page 241]]
FRC 9.6 1,442.4 1,415.0 885 62 HD 266-89.
Pomme De Terre Lk............ MO Polk......... Pomme De Terre F 407.2 874.0 839.0 15,980 7,890 PL 75-761.
R.
FNPCAR 241.6 839.0 750.0 7,890 0 HD 549-81, PL 83-780.
Pomona Lk.................... KS Osage........ 110 Mile Cr.... F 176.8 1,003.0 974.0 8,520 400 PL 83-780.
FNMAR 70.6 974.0 912.0 4,000 0 HD 549-81.
Rathbun Lk................... IA Appanoose.... Chariton R..... F 346.3 926.0 904.0 20,948 11,013 PL 83-780.
FNM 205.4 904.0 844.0 11,013 0 HD 561-81.
Smithville Lk................ MO Clay......... Little Platte R F 101.8 876.2 864.2 9,995 7,192 PL 89-298.
FMCAR 144.6 864.2 799.0 7,192 0 HD 262-89.
Spring Gulch Imbankment...... CO Douglas...... Spring Gulch... F 1.8 5,600.00 5,535.0 88 0 PL 81-516, HD 669-80.
Stagecoach Lk & Dam 9........ NE Lancaster.... Hickman Br of F 4.7 1,285.0 1,271.1 490 196 PL 85-500.
Salt Cr.
FRC 1.9 1,271.1 1,246.0 196 0 HD 396-84.
Standing Bear Lk & Dam 16.... NE Douglas...... Trib Big F 3.7 1,121.0 1,104.0 302 137 PL 90-483.
Papillion Cr.
FRC 1.5 1,104.0 1,060.0 137 0 HD 349-90.
Stockton Lk.................. MO Cedar........ Sac R.......... F 779.6 892.0 867.0 38,288 24,777 PL 83-780.
FARPN 887.1 867.0 760.0 24,777 0 HD 549-89.
Tuttle Creek Lk.............. KS Riley........ Big Blue R..... F 1,937.4 1,136.0 1,075.0 54,179 14,875 PL 75-761.
FN 177.1 1,075.0 1,061.0 14,875 0 HD 842-76.
Twin Lakes & Dam 13.......... NE Seward....... Middle Cr Salt F 5.3 1,355.0 1,341.0 505 255 PL 85-500.
Cr.
CFR 2.8 1,341.0 1,306.0 255 1 HD 396-84.
Wagon Train Lk & Dam 8....... NE Lancaster.... Hickman Br of F 6.8 1,302.0 1,287.8 660 303 PL 85-500.
Salt Cr.
FCR 2.5 1,287.8 1,260.0 303 4 HD 396-84.
Wehrspann Lk & Dam 20........ NE Sarpy........ Trib South F 6.1 1,113.1 1,096.0 493 246 PL 90-483.
Branch Papio.
FCAR 2.7 1,096.0 1,069.0 246 10 HD 349-90.
Wilson Lk.................... KS Russell...... Saline R....... F 530.7 1,554.0 1,516.0 19,980 9,040 PL 78-534.
FRC 247.8 1,516.0 1,440.0 9,040 0 SD 191-78, SD 247-78.
Yankee Hill Lk & Dam 10...... NE Lancaster.... Cardwell Br of F 5.6 1,262.0 1,244.9 475 208 PL 85-500.
Salt Cr.
FCR 2.0 1,244.9 1,218.0 208 0 HD 396-84.
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North Atlantic Division
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Almond Lake.................. NY Steuben...... Canacadea Cr... F 14.6 1,300.0 1,255.0 489 124 PL 74-738.
Alvin R. Bush Dam............ PA Clinton...... Kettle Cr...... F 73.4 937.0 840.0 1,430 160 FCA Sep 54.
Arkport Dam.................. NY Steuben...... Canisteo R..... F 8.0 1,304.0 1,218.0 192 0 PL 74-738.
Aylesworth Cr Lk............. PA Lackawanna... Aylesworth Cr.. F 1.7 1,150.0 1,108.0 87 7 PL 87-874.
Beltzville Dam & Lk.......... PA Carbon, Pohopoco Cr.... F 27.0 651.0 628.0 1,411 947 PL 87-874.
Monroe.
FMA 39.8 628.0 537.0 947 113 .......................
Bloomington Lk............... MD Garret....... North Branch F 36.2 1,500.0 1,466.0 1,184 952 PL 87-874.
Potomac R.
FMA 92.0 1,466.0 1,255.0 952 42 .......................
Blue Marsh Dam & Lk.......... PA Lebanon Berks Tulpehocken CR. F 27.1 307.0 290.0 2,159 1,147 PL 87-874.
FMA 19.9 290.0 261.0 1,147 323 .......................
Cowanesque Lk................ PA Tioga........ Cowanesque R... F 82.0 1,117.0 1,045.0 2,060 410 PL 85-500.
Curwensville Lk.............. PA Clearfield... West Branch F 114.7 1,228.0 1,162.0 3,020 790 FCA Sep 54.
Susquehanna R.
East Sidney Lk............... NY Delaware..... Ouleout Cr..... F 30.2 1,203.0 1,150.0 1,100 210 PL 74-738.
Foster Joseph Sayers Dam..... PA Centre....... Bald Eagle Cr.. F 70.2 657.0 630.0 3,450 1,730 FCA Sept 54.
Francis E. Walter Dam & Res.. PA Carbon, Lehigh R....... F 107.8 1,450.0 1,300.0 1,830 80 PL 79-526.
Luzerne, Monroe.
Gathright Dam & Lk Moomaw.... VA Alleghany, Jackson R...... F 79.9 1,610.0 1,582.0 3,160 2,530 PL 79-526.
Bath.
AR 60.7 1,582.0 1,554.0 2,530 1,780 .......................
[[Page 242]]
General Edgar Jadwin Dam..... PA Wayne........ Dyberry Cr..... F 24.5 1,053.0 973.0 659 0 PL 80-858.
Prompton Dam & Res........... PA Wayne........ W Br Lackawaxen F 48.5 1,205.0 1,125.0 910 290 PL 80-858.
R.
Raystown Lk.................. PA Huntingdon... Raystown Br.... F 248.0 812.0 786.0 10,800 8,300 PL 87-874.
FR 514.0 786.0 622.8 8,300 150 .......................
Stillwater Lk................ PA Susquehanna.. Lackawanna R... F 11.6 1,621.0 1,572.0 422 83 PL 77-228.
Tioga-Hammond Lakes Hammond.. PA Tioga........ Crooked Cr..... F 54.2 1,131.0 1,086.0 1,770 680 PL 85-500.
Tioga-Hammond Lakes Tioga.... PA Tioga........ Tioga R........ F 52.5 1,131.0 1,081.0 1,630 470 PL 85-500.
Whitney Piont Lk............. NY Broome....... Otselic R...... F 66.5 1,010.0 973.0 3,340 1,200 PL 74-738.
York Indian Rock Dam......... PA York......... Codorus Cr..... F 28.0 435.0 370.0 1,430 0 PL 74-738.
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North Central Division
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Badhill Dam & Res............ ND Barnes....... Sheyenne R..... FM 68.6 1,266.0 1,257.2 5,430 4,430 FCA Dec 44.
Brandon Road L&D............. IL Will......... Illinois R..... N 8.0 539.0 538.0 300 250 PL 71-126.
Cedars L&D................... WI Outagamie.... Fox R.......... N 1.8 703.6 698.7 255 140 RHA of 1882, 1885.
Coralville Dam & Res......... IA Johnson...... Iowa R......... F 439.0 712.0 680.0 24,800 3,580 PL 75-761.
C 40.3 680.0 652.0 3,580 0 PL 75-761.
Depree L&D................... WI Brown........ Fox R.......... N 9.4 591.0 586.7 926 0 PL 71-126.
Dresden Island L&D........... IL Grundy....... Illinois R..... N 1.0 505.0 504.0 1,690 1,550 FCA 1958.
Eau Galle Dam & Res.......... WI Pierce....... Eau Galle R.... FCR 1.6 940.0 938.5 1,500 1,350 PL 78-534.
Farmdale Dam................. IL Tazwell...... Farm Cr........ F 11.3 616.0 551.0 385 0 PL 78-534.
Fondulac Dam................. IL Tazwell...... Fondulac Cr.... F 2.3 579.0 530.0 97 0 PL 78-534.
Gull Lk Dam & Res............ MN Cass......... Gull R......... N 70.4 1,194.0 1,192.7 13,100 12,700 RHA 1899.
Highway 75 Dam & Res......... MN Bigstone, Minnesota R.... FC 11.1 952.3 947.3 2,790 910 FCA Oct 65.
Lacqui, Parle.
Homme Dam & Res.............. ND Walsh........ Park R......... FM 3.7 1,080.0 1,074.0 190 176 FCA of 22 Dec 44.
L&D 1........................ MN Hennepin, Mississippi R.. N 13.0 725.1 722.8 5,800 5,500 RHA 1910.
Ramsey.
L&D 2........................ MN Dakota, Wash. Mississippi R.. N 8.0 687.2 686.5 11,810 11,000 RHA 1927.
L&D 3........................ MN Goodhue, Mississippi R.. N 17.8 675.0 674.0 17,950 17,650 RHA 1930.
Pierce.
L&D 4........................ WI Wabasha, Mississippi R.. N 18.0 667.0 666.5 38,820 36,600 RHA 1930.
Buffalo.
L&D 5........................ MN Winona, Mississippi R.. N 6.2 660.0 659.5 12,680 12,000 RHA 1930.
Buffalo.
L&D 5A....................... MN Winona, Mississippi R.. N 7.2 651.0 650.0 7,500 7,000 RHA 1930.
Buffalo.
L&D 6........................ MN Winona....... Mississippi R.. N 8.4 645.5 644.5 8,870 8,000 RHA 1930.
L&D 7........................ MN Winona....... Mississippi R.. N 2.6 639.0 639.0 13,440 13,400 RHA 1930.
WI LaCrosse..... ........... ........ ........ ........ ........ ........ .......................
L&D 8........................ MN Houston...... Mississippi R.. N 20.4 631.0 630.0 20,800 20,000 RHA 1930.
WI Vernon....... ........... ........ ........ ........ ........ ........ .......................
L&D 9........................ WI Crawford..... Mississippi R.. N 28.7 620.0 619.0 29,125 28,300 RHA 1930.
IA Allamakee.... ........... ........ ........ ........ ........ ........ .......................
L&D 10....................... IA Clayton...... Mississippi R.. N 16.8 611.0 610.0 17,070 16,500 RHA 1930.
WI Grant........ ........... ........ ........ ........ ........ ........
L&D 11....................... IA Dubuque...... Mississippi R.. N 19.1 603.1 602.0 21,100 20,000 PL 71-520.
L&D 12....................... IA Jackson...... Mississippi R.. N 12.2 592.1 591.0 13,000 12,400 PL 71-520.
L&D 13....................... IL Whiteside.... Mississippi R.. N 24.2 583.1 582.0 30,000 28,500 PL 71-520.
[[Page 243]]
L&D 14....................... IA Scott........ Mississippi R.. N 9.0 572.1 571.0 10,500 9,980 PL 71-520.
L&D 15....................... IL Rock Island.. Mississippi R.. N 5.5 561.1 559.0 3,725 3,540 PL 71-520.
L&D 16....................... IL Rock Island.. Mississippi R.. N 12.1 545.1 544.0 13,000 12,400 PL 71-520.
L&D 17....................... IL Mercer....... Mississippi R.. N 7.5 537.1 536.0 7,580 7,200 PL 71-520.
L&D 18....................... IL Henderson.... Mississippi R.. N 11.0 529.1 528.0 13,300 12,600 PL 71-520.
L&D 19....................... IA Lake......... Mississippi R.. N 55.0 518.2 517.2 33,500 31,800 PL 71-520.
L&D 20....................... MO Lewis........ Mississippi R.. N 5.8 481.5 476.5 7,960 7,550 PL 71-520.
L&D 21....................... IL Adams........ Mississippi R.. N 8.6 470.1 469.6 9,390 8,910 PL 71-520.
L&D 22....................... MO Polke........ Mississippi R.. N 8.4 459.6 459.1 8,660 8,230 PL 71-520.
Lac qui Parle Dam & Res...... MN Chippewa Minnesota R.... FC 119.3 941.1 931.2 13,500 6,400 FCA of 22 Jun 36.
Swift.
Lagrange L&D................. IL Brown........ Illinois R..... N 0.0 429.0 429.0 10,500 10,500 PL 73-184.
Leech Lake Dam & Res......... MN Cass......... Leech R........ N 300.2 1,295.7 1,293.2 139,000 107,200 RHA of 1882 1895.
Little Kaukauna L&D.......... WI Brown........ Fox R.......... N 3.6 601.0 592.8 447 42.0 RHA of 1882 1885.
Little Chute L&D............. WI Outagamie.... Fox R.......... N 0.4 694.2 688.9 74 67 RHA of 1882 1885.
Lockport Lock................ IL Will......... Chicago San FNP 2.7 579.0 577.5 1,850 1,800 RHA 1930.
Ship Canal.
Lower Appleton L&D........... WI Outagamie.... Fox R.......... N 0.2 710.9 706.3 43 40 RHA of 1882 1895.
Marseilles Lk & Dam.......... IL LaSalle...... Illinois R..... N 0.7 483.0 482.8 1,400 1,320 PL 71-126.
Marsh Lake Dam & Res......... MN Swift, Minnesota R.... FC 23.9 941.1 937.6 8,650 5,150 FCA Jun 36.
Lacqui, Parle.
Menasha Dam Lk Winnebago..... WI Winnebago.... Fox R.......... FN 452.0 746.8 743.5 181,120 168,500 .......................
Mount Morris Dam............. NY Livingston... Genesee R...... F 337.4 760.0 585.0 3,300 0 PL 74-738.
O'Brien L&D.................. IL Cook......... Calumet........ N 0.3 581.9 578.2 50 50 RHA of 1946.
Peoria L&D................... IL Peoria....... Illinois R..... N 0.0 440.0 440.0 27,800 27,800 PL 73-184.
Pine Dam & Res............... MN Crow Wing.... Pine R......... N 40.4 1,230.3 1,227.3 13,900 13,000 RHA of 1899.
Pokegama Dam & Res........... MN Itasca....... Mississippi R.. N 52.4 1,274.4 1,270.3 13,700 12,000 RHA of 1899.
Rapid Croche L&D............. WI Outagamie.... Fox R.......... N 3.4 608.5 602.1 568 0 RHA 1885.
Red Lake Dam & Res........... MN Clearwater... Red Lake R..... FA 1,810.0 1,174.0 1,173.5 288,800 287,300 FCA Dec 44.
Red Rock Dam & Res........... IA Marion....... Des Monies R... F 1,670.0 780.0 728.0 65,400 8,000 PL 75-761.
R 72.0 728.0 690.0 8,000 0 PL 75-761.
Reservation Control Res...... MN Traverse..... ............... FC 58.8 981.0 976.0 12,400 10,950 FCA 1936.
SD Roberts......
Sandy Lake Dam & Res......... MN Aitkin....... Sandy R........ N 37.5 1,218.3 1,214.3 10,600 8,200 RHA of 1899.
Saylorville Dam & Res........ IA Polk......... Des Moines R... F 586.0 890.0 836.0 16,700 5,950 FCA 1936.
P 90.0 836.0 810.0 5,950 0 FCA.
St Anthony Falls Lwr L&D..... MN Hennepin..... Mississippi R.. N 0.0 750.0 750.0 50 50 RHA of 1937 1945.
St Anthony Falls Upr L&D..... MN Hennepin..... Mississippi R.. N 17.4 801.0 799.0 8,800 8,600 RHA of 1937 1945.
Starved Rock L&D............. IL LaSalle...... Illinois R..... N 1.0 459.0 458.0 1,155 1,020 PL 69-100.
Upper Appleton L&D........... WI Outagamie.... Fox R.......... N 7.4 738.7 735.4 1,171 1,040 RHA of 1882 1885.
Upper Kaukauna L&D........... WI Outagamie.... Fox R.......... N 1.1 656.8 652.8 134 115 RHA of 1882 1885.
White Rock Dam & Res......... MN Traverse..... Bois De Souix.. FC 78.6 981.0 972.0 10,500 4,000 FCA 1936.
SD Roberts......
Winnibigoshish Dam & Res..... MN Cass Itasca.. Mississippi R.. N 98.7 1,300.9 1,296.9 98,700 62,000 RHA of 1899.
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New England Division
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Ball Mountain Lk............. VT Windham...... West R......... F 52.4 1,017.0 830.5 810 20 PL 78-534, 83-780.
Barre Falls Dam.............. MA Worcester.... Ware R......... F 24.0 807.0 761.0 1,400 0 PL 78-228.
Birch Hill Dam............... MA Worcester.... Millers R...... F 49.9 852.0 815.0 3,200 0 PL 75-761.
Black Rock Lk................ CT Litchfield... Branch Brook... F 8.5 520.0 437.0 190 21 PL 86-45.
Blackwater Dam............... NH Merrimack.... Blackwater R... F 46.0 566.0 515.0 3,280 0 PL 75-111.
Buffumville Lk............... MA Worcester.... Little R....... F 11.3 524.0 492.5 530 200 PL 77-228.
[[Page 244]]
Colebrook River Lk........... CT Litchfield... West Branch.... F 50.2 761.0 708.0 1,185 750 PL 86-645.
MA Bekshire..... Farmington R...
Conant Brook Dam............. MA Hampden...... Conant Brook... F 3.7 757.0 694.0 158 0 PL 86-645.
East Brimfield Lk............ MA Hampden, Quinebaug R.... F 29.9 653.0 632.0 2,300 360 PL 77-228.
Worcester.
Edward MacDowell Lk.......... NH HIllsboro.... Nubanusit Brook F 12.8 946.0 911.0 840 165 PL 75-111.
Everett Lk................... NH Hillsboro, Piscataquog R.. F 91.5 418.0 340.0 2,900 130 PL 75-761.
Merrimack.
Franklin Falls Dam........... NH Belknap, Pemigewasset R. F 150.6 389.0 307.0 2,800 440 PL 75-111.
Merrimack.
Hancock Brook Lk............. CT Litchfield... Hancock Brook.. F 3.9 484.0 460.0 266 40 PL 86-645.
Hodges Village Dam........... MA Worcester.... French R....... F 13.3 501.0 465.5 740 0 PL 77-228.
Hop Brook Lk................. CT New Haven.... Hop Brook...... F 6.9 364.0 310.0 270 21 PL 86-645.
Hopkinton Lk................. NH Merrimack.... Contoocook R... F 70.1 416.0 380.0 3,700 220 PL 75-761.
Knightville Dam.............. MA Hampshire.... Westfield R.... F 49.0 610.0 480.0 960 0 PL 75-761.
Littleville Lk............... MA Hampden, Middle Br, F 23.0 576.0 518.0 510 275 PL 85-500.
Hampshire. Westfield R.
Mansfield Hollow Lk.......... CT Tolland...... Natchaug R..... F 49.2 257.0 205.5 1,880 200 PL 77-228.
New Bedford-Fairhaven Hurr MA Bristol...... ............... F 0.0 0.0 0.0 0 0 PL 85-500.
Barrier.
North Hartland Lk............ VT Windsor...... Ottauquechee R. F 68.8 546.5 425.0 1,100 215 PL 75-761.
North Springfield Lk......... VT Windsor...... Black R........ F 50.0 545.5 467.0 1,200 100 PL 75-761.
Northfield Br Lk............. CT Litchfield... Northfield Br.. F 2.4 576.0 500.0 67 7 PL 86-645.
Otter Br Lk.................. NH Cheshire..... Otter Brook.... F 17.6 781.0 701.0 374 70 PL 83-780.
Stamford Hurr Barrier........ CT Fairfield.... ............... F 0.0 0.0 0.0 0 0 PL 86-645.
Surry Mountain Lk............ NH Cheshire..... Ashuelot R..... F 31.7 550.0 500.0 970 260 PL 75-761.
Thomaston Dam................ CT Litchfield... Naugatuck R.... F 42.0 494.0 380.0 960 0 PL 78-534.
Townshend Lk................. VT Windham...... West R......... F 32.9 553.0 478.0 735 95 PL 78-534, PL 83-780.
Tully Lk..................... MA Worcester.... East Br Tully R F 20.5 668.0 636.0 1,130 78 PL 75-761.
Union Village Dam............ VT Orange....... Ompompanoosuc R F 38.0 564.0 420.0 740 0 PL 74-738.
West Hill Dam................ MA Worcester.... West R......... F 12.4 264.0 234.0 1,025 0 PL 78-534.
West Thomspon................ CT Windham...... Quinebaug R.... F 25.6 342.5 305.0 1,250 200 PL 86-645.
Westville Lake............... MA Worcester.... Quinebaug R.... F 11.0 572.0 525.0 913 23 PL 77-228.
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North Pacific Division
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Albeni Falls Dam, Lk Pend, ID Bonner....... Pend Oreille R. FNP 1,155.0 2,062.5 2,049.7 95,000 86,000 PL 81-516.
Oreille.
Applegate Lk................. OR Jackson...... Applegate R.... FIR 75.2 1,987.0 1,854.0 988 221 FCA 1962, PL 87-874, PL
87-874.
Big Cliff Dam................ OR Marion, Linn. N Santiam R.... P 3.5 1,206.0 1,182.0 130 98 HD 544, PL 75-761, PL
87-874.
Blue River Lk................ OR Lane......... Blue R......... F 6.5 1,357.0 1,350.0 975 940 HD 531.
FNI 78.8 1,350.0 1,180.0 940 133 PL 81-516.
Bonneville L&D Lk............ WA Skamania..... Columbia R..... NP 138.0 77.0 70.0 20,800 19,850 RHA 1935.
Chena River Lakes............ AK North Star Chena R........ F 34.0 506.7 490.0 5,400 400 PL 90-483.
Burough.
Chief Joseph Dam Rufus Woods WA Douglas, Columbia R..... P 192.3 956.0 930.0 8,400 6,800 HD 693, PL 79-525.
Lk. Okanogan.
Cottage Grove Lk............. OR Lane......... Coast Fk, F 29.8 791.0 750.0 1,155 295 HD 544, PL 75-761.
Willamete R.
[[Page 245]]
Cougar Lk.................... OR Lane......... South Fk....... F 11.3 1,699.0 1,690.0 1,280 1,235 HD 531.
FNPI 143.9 1,690.0 1,532.0 1,235 635 PL 81-516.
P 9.9 1,532.0 1,516.0 635 602 PL 83-870.
Detroit Lk................... OR Marion....... North Santiam.. F 19.1 1,569.0 1,563.0 3,490 3,455 HD 544, PL 75-761.
FNPI 281.6 1,563.5 1,450.0 3,455 1,725 .......................
P 40.3 1,450.0 1,425.0 1,725 1,415 .......................
Dexter Dam................... OR Lane......... Middle Fk, FNPI 4.8 695.0 690.0 990 940 HD 544, PL 75-761.
Willamette R.
Dorena Lk.................... OR Lane......... Cow R.......... F 5.5 835.0 832.0 1,885 1,815 HD 544.
FNI 65.0 832.0 770.5 1,815 520 PL 75-761.
Dworshak Dam and Res......... ID Clearwater... North Fk, FNP 2,016.0 1,600.0 1,445.0 17,090 9,050 HD 403, PL 87-874.
Clearwater R.
Fall Cr Dam and Lk........... OR Lane......... Fall Cr........ F 7.5 834.0 830.0 1,865 1,760 HD 531.
FNI 107.5 830.0 728.0 1,760 460 PL 81-516
Fern Ridge Lk................ OR Lane......... Long Tom R..... F 15.7 375.1 373.5 10,305 9,340 HD 544.
FNI 93.9 373.5 353.0 9,340 1,515 PL 75-761
Foster Lake.................. OR Linn......... South Santiam R F 4.9 641.0 637.0 1,260 1,195 HD 544
FNPI 24.9 637.0 613.0 1,195 895 PL 86-645
Green Peter Lk............... OR Linn......... Middle Fk, F 18.3 1,015.0 1,010.0 3,705 3,605 HD 531.
Santiam R.
FNPI 249.9 1,010.0 992.0 3,605 2,072 PL 81-516, PL 83-780.
Hills Creek Lk............... OR Lane......... Middle Fk, F 5.6 1,543.0 1,541.0 2,850 2,710 HD 531.
Willamette R.
FNPI 194.6 1,541.0 1,448.0 2,710 1,575 PL 81-516.
Howard Hanson Dam............ WA King......... Green R........ F 80.0 1,206.0 1,141.0 1,750 763 HD 531.
FA 25.6 1,141.0 1,040.0 763 13 PL 81-516.
Ice Harbor Dam Lk Sacajawea.. WA Walla, Walla, Snake R........ NP 24.9 440.0 437.0 8,370 8,210 HD 704, PL 79-14.
Franklin.
John Day Dam Lk Umatilla..... OR Sherman...... Columbia R..... F 158.0 268.0 265.0 55,000 52,000 HD 531.
FNP 150.0 265.0 262.0 52,000 49,000 PL 81-516.
F 192.0 262.0 257.0 49,000 42,000 .......................
Libby Dam Lk Koocanusa....... MT Lincoln...... Kootenai R..... FP 4,979.5 2,459.0 2,287.0 46,365 14,391 HD 531, PL 81-516.
Little Goose L&D Lk Bryan.... WA Columbia, Snake R........ PN 49.0 638.0 633.0 10,030 9,620 HD 704, PL 79-14.
Whitman.
Lookout Point Lk............. OR Lane......... Middle Fk, P 12.2 825.0 819.0 2,090 1,860 HD 544.
Willamette R.
FNPI 324.2 926.0 825.0 4,255 2,090 PL 75-761.
Lost Creek Lk................ OR Jackson...... Rogue R........ FPIR 315.0 1,872.0 1,751.0 3,430 1,800 HD 566, PL 87-874.
Lower Granite L&D............ WA Garfield, Snake R........ NPI 43.6 738.0 733.0 8,900 8,540 HD 704, PL 79-14.
Whitman.
Lucky Peak Dam and Lk........ ID Ada.......... Boise R........ F 13.9 3,060.0 3,055.0 2,817 2,745 PL 79-526.
FI 264.4 3,055.0 2,905.0 2,817 802 .......................
Lwr Monumental L&D Lk HG West WA Walla, Walla, Snake R........ NP 20.0 540.0 537.0 6,700 6,550 HD 704, PL 79-14.
Franklin.
McNary L&D, Dam Lk Wallula... WA Benton....... Columbia R..... NP 185.0 340.0 335.0 38,800 36,000 HD 704, PL 79-14.
OR Umatilla..... ............... ........... ........ ........ ........ ........ ........ .......................
Mill Creek Dam Lk............ WA Walla, Walla. Mill Cr........ F 7.5 1,265.0 1,205.0 225 53 HD 578, PL 75-761.
Mud Mountain Dam............. WA King, Pierce. White R........ F 106.3 1,215.0 895.0 963 0 PL 74-738.
The Dalles L&D Lk Celilo..... WA Klickitat.... Columbia R..... NP 52.5 160.0 155.0 11,200 10,350 HD 531, PL 81-516.
OR Wasco........ ............... ........... ........ ........ ........ ........ ........ .......................
Willow Creek Lk.............. OR Morrow....... Willow Cr...... F 11.6 2,113.5 2,047.0 269 96 PL 89-298.
Wynoochee Dam and Lk......... WA Grays, Harbor Wynoochee R.... FMCA 65.4 800.0 700.0 1,170 193 HD 601, PL 93-251.
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Ohio River Division
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Allegheny L&D 2.............. PA Allegheny.... Allegheny R.... N 0.0 721.0 710.0 0 0 RHA 1935.
Allegheny L&D 3.............. PA Allegheny.... Allegheny R.... N 0.0 734.5 721.0 0 0 RHA 1935.
[[Page 246]]
Allegheny L&D 4.............. PA Allegheny Allegheny R.... N 0.0 745.0 734.5 0 0 RHA 1912.
Westmoreland.
Allegheny L&D 5.............. PA Armstrong.... Allegheny R.... N 0.0 756.8 745.0 0 0 RHA 1912
Allegheny L&D 6.............. PA Armstrong.... Allegheny R.... N 0.0 769.0 756.8 0 0 RHA 1912.
Allegheny L&D 7.............. PA Armstrong.... Allegheny R.... N 0.0 782.1 769.0 0 0 RHA 1912.
Allegheny L&D 8.............. PA Armstrong.... Allegheny R.... N 0.0 800.0 782.1 0 0 RHA 1912, 1935.
Allegheny L&D 9.............. PA Armstrong.... Allegheny R.... N 0.0 822.0 800.0 0 0 RHA 1935.
Allegheny Res Kinzua Dam..... PA Warren....... Allegheny R.... F 607.0 1,365.0 1,328.0 21,180 12,080 PL 74-738.
FPCAR 549.0 1,328.0 1,240.0 12,080 1,900 .......................
Alum Cr Lk................... OH Delaware..... Alum Cr........ F 53.1 901.0 888.0 4,852 3,387 PL 87-874.
FMCR 79.2 888.0 885.0 3,387 3,105 .......................
Atwood Lk.................... OH Tuscarawas... Indian Fk Cr... F 26.1 941.0 928.0 2,460 1,540 PW 1933.
FCR 7.6 928.0 922.5 1,540 1,250 .......................
Barkley Dam Lk Barkley....... Ky Lyon, Livgst. Cumberland R... F 1,213.0 375.0 359.0 93,430 57,920 PL 79-525.
FP 259.0 359.0 354.0 57,920 45,210 .......................
N 610.0 354.0 233.0 45,210 0 .......................
Barren River Lk.............. KY Allen, Barren Barren R....... F 558.8 590.0 552.0 20,150 10,000 PL 75-261.
FMR 190.3 552.0 525.0 10,000 4,340 .......................
Beach City Lk................ OH Tuscarawas... Sugar Cr....... F 69.9 976.5 948.0 6,150 420 PW 1933.
FCR 0.0 0.0 0.0 0 420 .......................
Beech Fk Lk.................. WV Wayne........ Beech Fk Cr.... F 28.3 614.5 592.0 1,847 725 PL 87-874.
FCR 5.0 592.0 583.5 725 460 .......................
Belleville L&D............... WV Wood......... Ohio R......... N 0.0 582.0 560.0 0 0 RHA 1909.
OH Meigs........ ............... ........... ........ ........ ........ ........ ........ .......................
Berlin Lk.................... OH Mahoning, Mahoning R..... F 38.3 1,032.0 1,024.7 5,500 3,590 PL 75-761.
Portage.
FMCAR 56.6 1,024.7 1,016.5 3,590 2,200 .......................
Bluestone Lk................. WV Summers...... New R.......... F 592.6 1,520.0 1,410.0 9,180 2,040 PL 74-738.
FCR 7.5 1,410.0 1,406.0 2,040 1,800 PL 75-761.
Bolivar Dam.................. OH Stark, Sandy Cr....... F 149.6 962.0 895.0 6,500 0 PW 1933.
Tuscarawas.
Brookville Lk................ IN Franklin..... E Fork of FMR 128.4 748.0 713.0 5,260 2,430 PL 75-761.
Whitewater R.
Buckhorn Lk.................. KY Leslie....... Middle Fk of F 135.8 840.0 782.0 3,610 1,230 PL 75-761.
Kentucky R.
FR 21.8 782.0 757.0 1,230 550 .......................
Burnsville Lk................ WV Braxton...... L Kanawha R.... F 51.5 825.0 789.0 1,902 965 PL 75-761.
FCAR 10.2 789.0 776.0 965 553 .......................
CJ Brown Dam & Res........... OH Clark........ Buck Cr........ F 26.8 1,023.0 1,012.0 2,720 2,120 PL 87-874.
CM Harden Lk................. IN Parke........ Raccoon Cr..... F 83.5 690.0 661.0 3,910 2,060 PL 75-761
FAR 33.1 661.0 640.0 2,060 1,100 .......................
Caesar Cr Lk................. OH Warren....... Caesar Cr...... F 140.2 883.0 849.0 6,110 2,830 PL 75-761.
FMAR 88.7 849.0 800.0 2,830 700 .......................
Cagles Mill Lk............... IN Putman....... Mill Cr........ F 201.0 704.0 636.0 4,840 1,400 PL 75-761.
Cannelton L&D................ KY Hancock...... Ohio R......... N 0.0 383.0 358.0 0 0 RHA 1909
IN Perry........ ............... ........... ........ ........ ........ ........ ........ .......................
Carr Fk Lk................... KY Knott........ Carr Cr........ F 25.1 1,055.0 1027.0 1,120 710 PL 87-874.
FAR 10.8 1,027.0 1009.0 710 530 .......................
[[Page 247]]
Cave Run Lk.................. KY Rowan........ Licking R...... F 391.5 765.0 730.0 14,870 8,270 PL 74-738
FAR 75.3 730.0 720.0 8,270 6,790 .......................
Center Hill Lk............... TN Dekalb....... Caney FK....... F 762.0 685.0 648.0 23,060 18,220 PL 75-761.
P 492.0 648.0 618.0 18,220 14,590 .......................
Charles Mill Lk.............. OH Ashland...... Black Fk....... F 80.6 1,020.0 997.0 6,050 1,350 PW 1933.
FCR 4.5 997.0 993.0 1,350 827 .......................
Cheatham L&D................. TN Cheatham..... Cumberland R... P 19.8 385.0 382.0 7,450 5,630 RHA 1946, PL 396.
N 84.2 382.0 345.0 5,630 0 PL 396.
Clendening Lk................ OH Harrison..... Brush Fk....... F 27.5 910.5 898.0 2,620 1,800 PW 1933.
FCR 8.0 898.0 893.0 1,800 1,430 .......................
Conemaugh River Lk........... PA Indiana, Conemaugh R.... F 270.0 975.0 880.0 6,820 300 PL 74-738, PL 75-761.
Westmoreland.
Cordell Hull Dam & Res....... TN Smith........ Cumberland R... PR 17.8 504.5 499.0 12,200 9,820 RHA 1946.
NR 0.0 499.0 424.0 9,820 0 .......................
Crooked Cr Lk................ PA Armstrong.... Crooked Cr..... F 89.4 920.0 840.0 1,940 350 PL 74-738, PL 75-761.
Dale Hollow Lk............... TN Clay......... Obey R......... F 353.0 663.0 651.0 30,990 27,700 PL 75-761.
P 496.0 651.0 631.0 27,700 21,880 .......................
Dashields L&D................ PA Allegheny.... Ohio R......... N 0.0 692.0 682.0 0 0 RHA 1909.
Deer Cr Lk................... OH Pickaway..... Deer Cr........ F 81.5 844.0 810.0 4,046 1,277 PL 75-761.
FCR 14.6 810.0 796.0 1,277 727 .......................
Delaware Lk.................. OH Delaware..... Olentangy R.... F 118.0 947.0 915.0 8,550 1,270 PL 75-761
FCAR 5.6 915.0 910.0 1,270 950 .......................
Dewey Lk..................... KY Floyd........ Johns Cr....... F 76.1 686.0 650.0 3,340 1,100 PL 75-761
FCR 4.9 650.0 645.0 1,100 880 .......................
Dillon Lk.................... OH Muskingum.... Licking R...... F 256.5 790.0 737.0 10,280 1,560 PL 75-761.
FCR 4.4 737.0 734.0 1,560 1,330 .......................
Dover Dam.................... OH Tuscarawas... Tuscarawas R... F 203.0 916.0 858.0 10,100 0 PW 1933.
E Br Clarion River Lake...... PA Elk.......... E Br Clarion R. F 19.0 1,685.0 1,670.0 1,370 1,160 PL 78-526.
FCAR 19.8 1,670.0 1,651.0 1,160 920 .......................
E Fk Res Wm H Harsha Lk...... OH Clermont..... E Fk Little F 202.2 795.0 733.0 4,600 2,160 PL 75-761.
Miami R.
FMCAR 73.6 733.0 683.0 2,160 820 .......................
East Lynn Lk................. WV Wayne........ E Fk Twelvepole F 65.3 701.0 662.0 2,351 1,005 PL 75-761.
FCR 5.5 662.0 656.0 1,005 823 .......................
Emsworth L&D................. PA Allegheny.... Ohio R......... N 0.0 710.0 692.0 0 0 RHA 1909.
Fishtrap Lk.................. KY Pike......... Levisa Fk...... F 126.7 825.0 757.0 2,681 1,131 PL 75-761.
FCAR 27.2 757.0 725.0 1,131 569 .......................
Gallipolis L&D............... WV Mason........ Ohio R......... N 0.0 538.0 515.0 0 0 RHA 1935.
OH Gallia....... ............... ........... ........ ........ ........ ........ ........ .......................
Grayson Lk................... KY Carter....... L Sandy R...... F 89.6 681.0 645.0 3,633 1,509 PL 86-645.
FCAR 10.7 645.0 637.0 1,509 1,159 .......................
Green R L&D 1................ KY Henderson.... Green R........ N 0.0 349.1 337.3 0 0 RHA 1888.
Green R L&D 2................ KY McLean....... Green R........ N 0.0 363.4 349.1 0 0 RHA 1888.
Green River Lk............... KY Taylor....... Green R........ F 479.1 713.0 675.0 19,100 8,210 PL 75-761.
FAR 81.5 675.0 664.0 8,210 6,650 .......................
Greenup L&D 3................ KY Greenup...... Ohio R......... N 0.0 515.0 485.0 0 0 RHA 1909.
OH Scioto....... ............... ........... ........ ........ ........ ........ ........
Hannibal L&D................. WV Wetzel....... Ohio R......... N 0.0 623.0 602.0 0 0 RHA 1909.
OH Monroe....... ............... ........... ........ ........ ........ ........ ........ .......................
Hildebrand L&D............... WV Monongalia... Monongahela.... N 0.0 835.0 814.0 0 0 RHA 1950.
Huntington Lk................ IN Hunt......... Wabash R....... F 140.6 798.0 749.0 7,900 900 PL 85-500.
[[Page 248]]
FR 8.4 749.0 737.0 900 500
J Percy Priest Dam & Res..... TN Davidson..... Stones R....... F 252.0 504.5 490.5 22,720 14,400 PL 75-761.
FP 15.0 490.5 489.5 14,400 14,000 .......................
FPR 0.0 489.5 483.0 14,000 11,630 .......................
PR 0.0 483.0 480.0 11,630 10,570 .......................
JW Flannagan Dam & Res....... VA Dickenson.... Pound R........ F 78.6 1,446.0 1,396.0 2,098 1,143 PL 75-761.
FMCR 16.5 1,396.0 1,380.0 1,143 310 .......................
Kentucky R L&D 1............. KY Carroll...... Kentucky R..... N 0.0 430.0 421.8 0 0 RHA 1879.
Kentucky R L&D 2............. KY Henry Owen... Kentucky R..... N 0.0 444.0 430.0 0 0 RHA 1879.
Kentucky R L&D 3............. KY Henry Owen... Kentucky R..... N 0.0 457.1 444.0 0 0 RHA 1879.
Kentucky R L&D 4............. KY Franklin..... Kentucky R..... N 0.0 470.4 457.1 0 0 RHA 1879.
Laurel River Lk.............. KY Laurel, Laurel R....... P 185.0 1,018.5 982.0 6,060 4,200 PL 86-645.
Whitley.
R 250.6 982.0 760.0 4,200 0 .......................
Leesvillie Lake.............. OH Carroll...... McGuire Cr..... F 17.9 977.5 963.0 1,470 1,000 PW 1933.
FCR 5.5 963.0 957.0 1,000 829 .......................
London L&D................... WV Kanawha...... Kanawha R...... N 0.0 614.0 590.0 0 0 RHA 1930.
Loyalhanna Lk................ PA Westmoreland. Loyalhanna Cr.. F 93.3 975.0 910.0 3,280 210 PL 74-738.
FC 0.0 0.0 0.0 0 0 PL 75-761.
M J Kirwan Dam & Res......... OH Portage...... W. Br Mahoning F 22.0 993.0 985.5 3,240 2,650 PL-74-738
R.
FCAR 52.9 985.5 951.0 2,650 570 PL 75-761.
Mahoning Cr Lk............... PA Armstrong.... Mahoning Cr.... F 64.7 1,162.0 1,098.0 2,370 280 PL 74-738.
FRC 5.1 1,098.0 1,075.0 280 170 PL 75-761.
Markland L&D................. IN Switzerland.. Ohio R......... N 0.0 455.0 420.0 0 0 RHA 1909
KY Gallatin..... ........... ........ ........ ........ ........ ........ .......................
Marmet L&D................... WV Kanawha R.... Kanawha........ N 0.0 590.0 566.0 0 0 RHA 1930.
Martins Fk Lk................ KY Harlan....... Martins Fk of F 14.3 1,341.0 1,310.0 578 340 PL 89-298.
Clover R.
FAR 3.1 1,310.0 1,300.0 340 274 .......................
R 3.7 1,300.0 1,265.0 274 0 .......................
Maxwell L&D.................. PA Fayette Monongahela R.. N 0.0 763.0 743.5 0 0 RHA 1909.
Washington.
McAlpine L&D................. KY Jefferson.... Ohio R......... N 0.0 420.0 383.0 0 0 RHA 1909.
IN Clark........ ........... ........ ........ ........ ........ ........ .......................
Meldahl L&D.................. KY Bracken...... Ohio R......... N 0.0 485.0 455.0 0 0 RHA 1909.
OH Clermont..... ........... ........ ........ ........ ........ ........ .......................
Mississinewa Lk.............. IN Miami........ MIssissinewa R. F 293.2 779.0 737.0 12,830 3,180 PL 85-500.
FR 51.9 737.0 712.0 3,180 1,280 .
Mohawk Dam................... OH Coshocton.... Walhonding R... F 285.0 890.0 799.2 7,950 0 PW 1933.
Mohicanville Dam............. OH Ashland...... Lk Fork........ F 102.0 963.0 932.0 8,800 0 PW 1933.
Monongahela R L&D 2.......... PA Allegheny.... Monongahela R.. N 0.0 718.7 710.0 0 0 RHA 1902.
Monongahela R L&D 3.......... PA Allegheny.... Monongahela R.. N 0.0 726.9 718.7 0 0 RHA 1905.
Monongahela R L&R 4.......... PA Washington Monongahela R.. N 0.0 743.5 726.9 0 0 RHA 1909.
Westmoreland.
Monongahela R L&D 7.......... PA Greene, Monongahela R.. N 0.0 778.0 763.0 0 0 RHA 1922.
Fayette.
Monongahela R L&D 8.......... PA Greene, Monongahela R.. N 0.0 797.0 778.0 0 0 RHA 1922, 1950, 1973.
Fayette.
Monroe Lk.................... IN Monroe....... Salt Cr........ F 258.8 556.0 538.0 18,450 10,750 FCA 1958.
[[Page 249]]
FMA 159.9 538.0 515.0 10,750 3,280 .
Montgomery Island L&D........ PA Beaver....... Ohio R......... N 0.0 682.0 664.5 0 0 RHA 1909.
Morgantown L&D............... WV Monongalia N.............. 0.0 814.0 797.0 0 0 RHA
Monongahela R. 1909.
Mosquito Cr Lk............... OH Trumbull..... Mosquito Cr.... F 21.7 904.0 901.4 8,900 7,850 PL 75-761.
FMCAR 80.4 901.4 899.9 7,850 7,220 .......................
N Br Kokosing River Lk....... OH Knox......... North Br of F 13.9 1,146.0 1,121.0 1,140 154 PL 87-874.
Kokosing R.
N Fk Pound Lk................ VA Wise......... N Fk Pound R... F 8.0 1,644.0 1,611.0 349 154 PL 86-645.
FMCR 1.3 1,611.0 1,601.0 154 106 .
New Cumberland L&D........... WV Hancock...... Ohio R......... N 0.0 664.5 644.0 0 0 RHA 1909.
OH Jefferson.... ........... ........ ........ ........ ........ ........ .......................
Newburgh L&D................. KY Henderson.... Ohio R......... N 0.0 358.0 342.0 0 0 RHA 1909.
IN Warrick...... ........... ........ ........ ........ ........ ........ .......................
Nolin Lk..................... KY Edmonson..... Nolin R........ F 439.2 560.0 515.0 14,530 5,790 PL 75-761.
FR 106.4 515.0 490.0 5,790 2,890 .......................
Ohio R L&D 52................ KY McCracken.... Ohio R......... N 0.0 302.0 290.0 0 0 RHA 1909, 1910, 1918.
IL Massac....... ........... ........ ........ ........ ........ ........ .......................
Ohio R L&D 53................ KY Ballard...... Ohio R......... N 0.0 290.0 276.6 0 0 RHA 1909, 1910, 1918.
IL Pulaski...... ........... ........ ........ ........ ........ ........ .......................
Old Hickory L&D.............. TN Davidson Cumberland R... P 63.0 445.0 442.0 22,500 19,550 RHA 1946.
Sumner.
N 357.0 442.0 375.0 19,550 0 .......................
Opekiska L&D................. WV Monongahela.. Monongahela R.. N 0.0 857.0 835.0 0 0 RHA 1950.
Paint Cr Lk.................. OH Ross, Paint Cr....... F 124.7 845.0 798.0 4,761 1,190 PL 75-761.
Highland.
FMCAR 11.4 798.0 787.5 1,190 770 .......................
Paintsville Lk............... KY Johnson...... Paint Cr....... F 32.8 731.0 709.0 1,867 1,139 PL 89-298.
FCAR 36.3 709.0 650.0 1,139 261 .......................
Patoka Lk.................... IN DuBois....... Patoka R....... F 121.1 548.0 536.0 11,300 8,880 PL 89-298.
FMCAR 167.3 536.0 506.0 8,880 2,010 .......................
Piedmont Lk.................. OH Harrison..... Stillwater Cr.. F 32.2 924.6 913.0 3,170 2,310 PW 1933.
FCR 8.6 913.0 909.0 2,310 1,987 .......................
Pike Island L&D.............. WV Ohio......... Ohio R......... N 0.0 644.0 623.0 0 0 RHA 1909.
OH Belmont...... ........... ........ ........ ........ ........ ........ .......................
Pleasant Hill Lk............. OH Ashland...... Clear Fk....... F 74.2 1,065.0 1,020.0 2,600 850 PW 1933.
FCR 5.5 1,020.0 1,012.5 850 627 .......................
R D Bailey Lk................ WV Mingo, Guyandot R..... F 169.5 1,155.0 1,035.0 2,850 630 PL 87-874.
Wyoming.
FCAR 12.2 1,035.0 1,012.0 630 440 .......................
Racine L&D................... WV Mason........ Ohio R......... N 0.0 560.0 538.0 0 0 RHA 1909.
OH Meigs........ ........... ........ ........ ........ ........ ........ .......................
Rough River Lk............... Grayson, Rough R........ F 214.4 524.0 495.0 10,260 5,100 PL 75-761.
Breckinridge.
Ridge........... FMR 90.2 495.0 470.0 5,100 2,180 .......................
Salamonie Lk................. IN Wabash....... Salamonie R.... F 202.9 793.0 755.0 9,340 2,860 PL 85-500.
FR 47.6 755.0 730.0 2,860 976 .......................
Senecaville Lk............... OH Guernsey..... Seneca Fk...... F 45.1 842.5 832.2 5,170 3,550 PW 1933.
FCR 12.8 832.2 828.2 3,550 2,912 .......................
Shenango River Lk............ PA Mercer....... Shenango R..... F 151.0 919.0 896.0 11,090 3,560 PL 75-761.
FCAR 29.9 896.0 885.0 3,560 1,910 .......................
Smithland L&D................ KY Livingston... Ohio R......... N 0.0 324.0 302.0 0 0 RHA 1909.
IL Pope......... ........... ........ ........ ........ ........ ........ .......................
Summersville Lk.............. WV Nicholas..... Gauley R....... F 221.9 1,710.0 1,1652.0 4,913 2,790 PL 75-761.
FRCA 161.8 1,652.0 1,535.0 2,790 514 .......................
[[Page 250]]
Sutton Lk.................... WV Braxton...... Elk R.......... FCAR 60.0 925.0 850.0 1,520 270 PL 75-761.
Tappan Lk.................... OH Harrison..... L Stillwater Cr F 26.5 909.0 899.3 3,100 2,350 PW 1933.
FCR 11.4 899.3 894.0 2,350 1,960 .......................
Tionesta Lk.................. PA Forest....... Tionesta Cr.... F 125.6 1,170.0 1,085.0 2,770 480 PL 74-738. PL 75-761.
Tom Jenkins Dam, Burr Oak, Lk OH Athens....... E Br Sandy Cr.. F 17.6 740.0 721.0 1,192 664 FCA 1944.
FRM 5.8 721.0 710.0 664 394 PL 78-534.
Tygart Lake.................. WV Taylor....... Tygart R....... F 178.1 1,167.0 1,094.0 3,430 1,740 PWA 1934.
FMACR 99.9 1,094.0 1,010.0 1,740 620 .......................
Union City Res............... PA Erie......... French Cr...... F 47.6 1,278.0 1,210.0 2,290 0 PL 87-874.
Uniontown L&D................ KY Union........ Ohio R......... N 0.0 342.0 324.0 0 0 RHA 1909.
IN Posey........ ........... ........ ........ ........ ........ ........ .......................
W FK of Mill Cr Winton Woods OH Hamilton..... W Fk Mill Cr... F 9.8 702.0 675.0 557 183 PL 79-526.
Lk.
Willow Island L&D............ WV Pleasants.... Ohio R......... N 0.0 602.0 582.0 0 0 RHA 1909.
OH Washington... ........... ........ ........ ........ ........ ........ .......................
Wills Cr Lk.................. OH Coshockton F 190.0 779.0 742.0 11,450 900 PW 1933.
Wills Cr,
Muskingum.
CR 0.0 0.0 0.0 0 0 .......................
Winfield L&D................. WV Putnam....... Kanawha R...... N 0.0 566.0 538.0 0 0 RHA 1935.
Wolf Cr Dam, Lk Cumberland... KY Russell...... Cumberland R... P 2,142.0 723.0 673.0 50,250 35,820 .......................
F 2,094.0 760.0 723.0 63,530 50,250 PL 75-761.
Woodcock Cr Lk............... PA Crawford..... Woodcock Cr.... F 15.0 1,209.0 1,181.0 775 325 FCA 1962.
FCAR 5.0 1,181.0 1,162.5 325 100 .......................
Youghiogheny R Lk............ PA Fayette...... Youghiogheny R. F 99.5 1,470.0 1,439.0 3,570 2,840 FCA 1938.
FCAR 149.3 1,439.0 1,419.0 2,840 2,300 .......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
South Atlantic Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aberdeen L&D and Res......... MS Monroe....... Tombigbee R.... N 3.9 190.5 189.5 4,359 3,883 PL 79-525.
Aliceville Lock Dam & Res.... AL Pickens...... Tombigbee R.... N 7.6 136.5 135.5 8,655 7,945 PL 79-525.
Allatoona Dam & Res.......... GA Bartow....... Etowah R....... F 302.6 860.0 840.0 19,201 11,862 PL 77-228.
PMAR 284.6 840.0 800.0 11,862 3,251 .......................
B Everett Jordan Dam & Lk.... NC Chatham...... Haw R.......... F 538.4 240.0 216.0 31,811 13,942 PL 88-253.
FMCAR 140.4 216.0 202.0 13,942 6,658 .......................
Bay Springs Lock Dam & Res... MS Tishomingo... Tombigbee R.... N 37.0 414.0 408.0 6,700 5,740 PL 79-525.
Buford Dam Lk, Sidney Lanier. GA Forsyth, Chattahoochee R F 598.8 1,085.0 1,071.0 47,182 38,542 PL 79-14.
Gwinnett. PNMR 1,087.6 1,071.0 1,035.0 38,542 22,442
Carters Dam & Res............ GA Murray....... Coosawattee R.. F 89.2 1,099.0 1,074.0 3,880 3,275 PL 79-14.
PRA 41.4 1,074.0 1,022.0 3,275 2,196 .......................
Claiborne Lock Dam & Res..... AL Monroe....... Alabama R...... N 16.6 35.0 32.0 5,930 5,210 PL 79-14.
Clarks Hill Dam & Lk......... GA Columbia..... Savannah R..... F 390.0 335.0 330.0 78,500 71,100 PL 78-534.
SC McCormick.... ............... FP 1,045.0 330.0 312.0 71,100 45,000 .......................
Coffeeville Lock Dam & Res... AL Clark, Tombigbee R.... N 19.9 32.5 30.0 8,500 7,500 PL 60-317.
Choctaw.
Columbus Lock Dam & Res...... MS Lowndes...... Tombigbee R.... N 8.5 163.5 162.5 9,400 8,500 PL 79-525.
[[Page 251]]
Demopolis Lock Dam & Res..... AL Sumter, Tombigbee R.... N 0.0 73.0 73.0 10,000 10,000 PL 60-317.
Marengo.
Falls Dam & Lk............... NC Wake......... Neuse R........ F 220.9 264.0 250.1 20,810 11,310 PL 89-298.
FMCAR 89.7 250.1 236.5 11,310 2,600 .......................
G W Andrews L&D and Res...... AL Houston...... Chattahoochee R N 8.2 102.0 96.0 1,540 1,190 PL 79-14.
GA Early........ ............... ........... ........ ........ ........ ........ ........ .......................
Gainesville L&D and Res...... AL Sumter, Tombigbee R.... N 5.8 109.5 108.5 6,920 5,900 PL 79-525.
Greene.
Hartwell Dam & Lk............ GA Hart......... Savannah R..... F 293.0 665.0 660.0 61,400 55,950 PL 81-516.
SC Anderson..... ............... FP 1,416.0 660.0 625.0 55,950 27,650 .......................
Holt Lock Dam & Res.......... AL Tuscaloosa... Black-Warrior R NP 3.3 187.0 186.0 3,296 3,252 PL 60-317.
Inglis Dam Lk Rousseau....... FL Levy, Marion, Cross FL Barge N 13.0 27.5 24.0 4,030 2,040 PL 77-675.
Citrus. Canal.
Jim Woodruf L&D.............. FL Gadsden, Apalachicola R. NP 20.0 77.5 76.5 38,850 36,000 PL 79-14.
Jackson.
John H Kerr Dam & Res........ VA Mecklenburg.. Roanoke R...... F 1,281.4 320.0 300.0 83,200 48,900 PL 78-534.
FP 1,027.0 300.0 268.0 48,900 19,700 .......................
John Hollis Bankhead L&D and AL Tuscaloosa... Black-Warrior R NP 27.1 255.0 252.0 9,245 8,730 PL 60-168.
Res.
Lk Okeechobee................ FL Okeechobee, Central and FNIMC 2,859.0 17.5 10.5 454,900 326,000 PL71-520, PL 75-392, PL
Glades, Hendry, Southern FL. 79-14, PL 80-858, PL
Palm Beach, 83-780, PL 90.
Martin.
Lock A....................... MS Monroe....... Tombigbee R.... N 0.9 220.5 219.5 980 850 PL 79-525.
Lock B....................... MS Monroe....... Tombigbee R.... N 2.7 245.5 244.5 2,841 2,615 PL 79-525.
Lock C....................... MS Itawamba..... Tombigbee R.... N 1.6 270.5 269.5 1,699 1,586 PL 79-525.
Lock D....................... MS Itawamba..... Tombigbee R.... N 2.0 300.5 299.5 2,021 1,959 PL 79-525.
Lock E....................... MS Itawamba, Tombigbee R.... N 0.9 330.5 329.5 889 821 PL 79-525.
Prentiss.
Millers Ferry L&D............ AL Wilcox....... Alabama R...... NP 16.7 80.0 79.0 17,201 16,160 PL 79-14.
Okatibbee Dam & Res.......... MS Lauderdale... Okatibbee Cr... F 46.5 352.0 343.0 6,580 3,800 PL 87-874.
Chickasawbay R. RMA 34.3 343.0 328.0 3,800 1,275 .......................
Philpott Dam & Lk............ VA Henry........ Smith R........ F 34.2 985.0 974.0 3,370 2,880 PL 78-534.
FP 111.2 974.0 920.0 2,880 1,350 .......................
R B Russell Dam and Lk....... GA Elbert....... Savannah R..... F 140.0 480.0 475.0 29,340 26,653 PL 89-789.
SC Abbeville.... ............... FP 126.8 475.0 470.0 26,653 24,117 .......................
Robert F Henry Lock Dam & Res AL Autauga, Alabama R...... NP 44.6 125.0 124.0 13,300 10,470 PL 79-14.
Lowndes.
Rodman Dam & Lk Ocklawaha.... FL Putman & Cross FL Barge N 48.0 23.2 20.0 17,350 12,950 PL 77-675.
Marion. Canal.
S-10 & Water Cons Area 1..... FL Palm Beach... Central and F 181.9 18.3 17.0 141,250 141,250 PL 80-858.
Southern FL.
FIMC 273.2 17.0 14.0 141,250 26,00 .......................
S-11 & Water Cons Area 2A.... FL Palm Beach Central and F 236.3 16.6 14.5 110,500 110,500 PL 80-858.
Broward. Southern FL.
FIMC 165.0 14.5 13.0 110,500 107,500 PL 83-780.
S-12 & Water Cons Area 3A.... FL Broward & Central and F 1,661.0 14.5 10.5 487,200 385,000 PL 80-858.
Dade. Southern FL.
FIMC 465.0 10.5 9.5 385,000 316,000 PL 83-780.
Selden Lock and Res.......... AL Hale, Greene. Black-Warrior R N 9.1 95.5 94.0 8,200 6,900 PL 60-317.
W Kerr Scott Dam & Res....... NC Wilkes....... Yadkin R....... F 112.0 1,075.0 1,030.0 4,000 1,475 PL 79-526.
FM 33.0 1,030.0 1,000.0 1,475 675 .......................
Walter F George L&D.......... GA Clay......... Chattahoochee R NP 244.0 190.0 184.0 45,181 36,375 PL 81-516.
AL Henry........ ............... ........... ........ ........ ........ ........ ........ .......................
West Point Dam & Res......... GA Troup........ Chattahoochee R NPMAR 306.1 635.0 620.0 25,864 15,512 PL 87-874.
William Bacon Oliver L&D and AL Tuscaloosa... Black Warrior R N 0 122.9 122.9 790 790 PL 60-317.
Res.
--------------------------------------------------------------------------------------------------------------------------------------------------------
South Pacific Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alamo Dam & Lk............... AZ Mohave, Yuma. Bill Williams R F 1,046.2 1,235.0 1,174.0 13,307 7,045 PL 78-534.
Bear Dam..................... CA Mariposa..... Bear Cr........ F 7.7 413.5 344.0 265 0 PL 78-534.
Black Butte Lk............... CA Tehama....... Stony Cr....... FI 137.1 473.5 414.6 4,453 577 PL 78-534.
[[Page 252]]
Brea Dam & Res............... CA Orange....... Brea Cr........ F 4.0 279.0 208.0 163 0 FCA 1936.
Buchanan Dam H.V. Eastman Lk. CA Madera....... Chowchilla R... F 45.0 587.0 559.0 1,785 1,482 PL 78-874.
FI 140.0 587.0 466.0 1,785 484 .......................
Burns Dam.................... CA Merced....... Burns Cr....... F 6.8 300.0 266.0 662 0 PL 78-534.
Carbon Canyon Dam & Res...... CA Orange....... Carbon Cr...... F 6.6 475.0 403.0 225 0 PL 74-738.
Coyote Valley Dam Lk CA Mendocino.... East Fork, F 50.1 764.8 737.5 1,922 1,740 PL 75-761.
Mendocino. Russian R.
IM 72.3 737.5 637.0 1,740 20 .......................
Dry Cr (Warm Springs) Lk & CA Sonoma....... Dry Cr......... F 136.0 495.0 451.1 3,600 2,600 PL 87-874.
Channel.
MR 225.0 451.1 291.0 2,600 500 .......................
Farmington Dam............... CA San Joaquin, Littlejohn Cr.. F 52.0 156.5 120.0 4,107 0 PL 78-534.
Stanislaus.
Fullerton Dam & Res.......... CA Orange....... Fullerton Cr... F 0.8 290.0 261.0 62 0 FCA 1936.
Hansen Dam Res............... CA Los Angeles.. Tujunga Wash... F 25.4 1,060.0 990.0 781 0 FCA 1936.
Hidden Dam Hensley Lk........ CA Madera....... Fresno R....... F 65.0 540.0 485.8 1,567 811 PL 87-874.
FI 85.0 540.0 448.0 1,567 280 .......................
Isabella Lk.................. CA Kern......... Kern R......... FI 568.1 2,605.5 2,470.0 11,454 26 PL 785-34.
Lopez Dam Res................ CA Los Angeles.. Pocoima Wash... F 0.4 1,272.9 1,253.7 40 0 FCA 1936.
Mariposa Dam................. CA Mariposa..... Mariposa Cr.... F 15.0 439.5 370.0 512 0 PL 78-534.
Martis Cr Lk................. CA Nevada....... Martis Cr...... F 19.6 5,838.0 5,780.0 762 61 PL 87-874.
Mathews Canyon Dam & Res..... NV Lincoln...... Mathews Canyon. F 6.3 5,461.0 5,420.0 300 0 PL 81-516.
Mojave River Dam & Res....... CA San Mojave R....... F 89.7 3,134.0 2,988.0 1,978 0 PL 86-645.
Bernardino.
New Hogan Lk................. CA Calaveras.... Calaveras R.... F 165.0 713.0 666.2 4,333 2,818 PL 78-534.
FI 302.2 713.0 586.0 4,333 702 .......................
Owens Dam.................... CA Mariposa..... Owens Cr....... F 3.6 407.5 347.0 174 0 PL 78-534.
Painted Roc Dam & Res........ AZ Maricopa..... Gila R......... F 2,491.5 661.0 524.0 53,200 0 PL 81-516.
Pine Canyon Dam & Res........ NV Lincoln...... Pine Canyon.... F 7.8 5,675.0 5,604.0 254 0 PL 81-516.
Pine Flat Lk Kings R......... CA Fresno....... Kings R........ F 1,000.0 951.5 565.5 5,956 0 PL 78-534.
Prado Dam & Res.............. CA Riverside.... Santa Ana R.... F 196.2 543.0 460.0 6,630 0 FCA 1936.
San Antonio Dam & Res........ CA Los Angeles.. San Antonio Cr. F 7.7 2,238.0 2,125.0 145 0 FCA 1936.
Santa Fe Dam & Res........... CA Los Angeles.. San Gabriel R.. F 32.1 496.0 421.0 1,084 0 FCA 1936, 1941.
Sepolveda Dam & Res.......... CA Los Angeles.. Los Angeles R.. F 17.4 710.0 668.0 1,335 0 FCA 1936.
Success Lk................... CA Tulare....... Tule R......... FI 75.0 652.5 588.9 2,477 409 PL 78-534.
Terminus Dam Lk Kaweah....... CA Tulare....... Kaweah R....... FI 136.1 694.0 570.0 1,913 276 PL 78-534.
Whitlow Ranch Dam & Res...... AZ Pinal........ Queen Cr....... F 35.6 2,166.0 2,056.0 828 0 PL 79-526.
Whittler Marrows Dam & Res... CA Los Angeles.. San Gabriel Rio F 34.9 228.5 184.0 2,411 0 FCA 1936.
Hondo R.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Southwestern Division
--------------------------------------------------------------------------------------------------------------------------------------------------------
Abiquiu Dam.................. NM Rio Arriba... Rio Chama...... F 572.2 6,283.5 6,220.0 7,469 4,120 PL 80-858.
FM 191.3 6,220.0 6,060.0 4,120 0 .......................
Addicks Res.................. TX Harris....... Buffalo Bayou.. F 200.8 112.0 71.1 16,423 0 HD250-83-2.
Aquilla Lk................... TX Hill......... Aquilla Cr..... F 161.4 564.5 537.5 8,980 3,280 PL 90-483.
MR 93.6 537.5 478.6 3,280 26 .......................
[[Page 253]]
Arcadia Lk................... OK Oklahoma..... Deep Fork R.... F 64.4 1,029.5 1,006.0 3,820 1,820 PL 91-611.
FMCR 27.4 1,006.0 970.0 1,820 20 .......................
B A Steinhagen Lk............ TX Taylor, Neches R....... F 24.5 83.0 81.0 13,700 10,950 SD98-76-1.
Jasper.
Bardwell Lk.................. TX Ellis........ Waxahachie Cr.. F 79.6 439.0 421.0 6,040 3,570 PL 86-399.
M 42.8 421.0 372.6 3,570 0 .......................
Barker Res................... TX Harris Ft Buffalo Bayou.. F 209.0 106.0 73.2 16,734 0 HD250-83-2, RHA 1938.
Bend.
Beaver Lk.................... AR Carrol, White R........ F 299.6 1,130.0 1,120.0 31,700 28,220 PL 83-780.
Benton,
Washington.
FPM 925.1 1,120.0 1,077.0 28,220 15,540 PL 85-500.
Belton Lk.................... TX Bell......... Leon R......... F 640.0 631.0 594.0 23,600 12,400 PL 79-526.
MI 372.7 594.0 470.0 12,400 42 HD88-81-1.
Benbrook Lk.................. TX Tarrant, Clear Fk F 170.4 724.0 694.0 7,630 3,770 HD103-771.
Parker. Trinity R.
NM 72.5 694.0 656.0 3,770 730 .......................
Big Hill LK.................. KN Labette...... Big HIll Cr.... F 13.1 867.5 858.0 1,520 1,240 PL 87-874.
FMR 27.2 858.0 814.0 1,240 70 HD572-87-2.
Birch Lk..................... OK Osage........ Birch Cr....... F 39.0 774.0 750.5 2,340 1,140 PL 87-874.
FMCAR 15.8 750.5 730.0 1,140 384 HD563-87-2.
Blue Mountain Lk............. AR Yell, Logan.. Petit Jean R... F 233.3 419.0 384.0 11,000 2,910 PA 75-761.
Broken Bow Lk................ OK McCurtain.... Mountain Fk R.. F 450.2 627.5 599.5 18,000 14,200 PL 85-500.
FRPMAC 469.8 599.5 559.5 14,200 9,200 .......................
Bull Shoals Lk............... AR Baxter, White R........ F 2,360.0 695.0 654.0 71,240 45,440 PL 77-228.
Marion, Boone.
MO Ozark, Taney. PF 1,003.0 654.0 628.5 45,440 33,800 .......................
Canton Lk.................... OK Blain........ N Canadian R... F 265.8 1,638.0 1,615.4 15,710 7,910 PL 75-761.
FMI 97.2 1,615.4 1,596.5 7,910 2,710 HD56-/75-3.
Canyon Lk.................... TX Comal........ Guadalupe R.... F 346.4 934.0 909.0 12,890 8,240 PL 79-14.
M 366.4 909.0 75.0 8,240 0 .......................
Clearwater Lk................ MO Reynolds, Black R........ F 391.8 567.0 494.0 10,400 1,630 PL 75-761.
Wayne.
Cochiti Lk................... NM Sandoval, Rio Grande..... F 545.0 5,460.5 5,356.6 9,361 1,200 PL 86-645.
Sante Fe, Los
Alamos.
FRC 43.0 5,356.6 5,330.0 1,200 0 .......................
Conchas Lk................... NM San Miguel... Candian R...... F 198.8 4,218.0 4,201.0 13,664 9,692 HD 308-74.
FI 259.6 4,201.0 4,155.0 9,692 3,000 .......................
Copan Lk..................... OK Washington... L Caney R...... F 184.3 732.0 710.0 13,380 4,850 PL 87-874.
KS Chautauqua... ............... FMCA 42.8 710.0 687.5 4,850 110 HD563-87-2.
Council Grove Lk............. KS Morris....... Neosho R....... F 63.8 1,289.0 1,274.0 5,400 3,230 PL 81-516.
FMAR 48.5 1,274.0 1,240.0 3,230 42 .......................
DeQueen Lk................... AR Sevier....... Rolling Fork R. F 101.3 473.5 437.0 4,050 1,680 PL 85-500.
FMCRQ 25.5 437.0 415.0 1,680 710 .......................
Dierks Lk.................... AR Sevier, Saline R....... F 67.1 557.5 526.0 2,970 1,360 PL 85-500.
Howard.
FMCR 15.1 526.0 512.0 1,360 810 .......................
Eldorado Lk.................. KS Butler....... Walnut R....... F 79.2 1,347.5 1,339.0 10,740 8,000 PL 89-298.
FMAR 154.0 1,339.0 1,296.0 8,000 420 HD232-89-1.
Elk City Lk.................. KS Montgomery... Elk R.......... F 239.5 825.0 796.0 13,150 4,450 HD440-76-1.
FMA 44.8 796.0 764.0 4,450 64 .......................
Eufaula Lk................... OK McIntosh, Candian R...... F 1,510.9 597.0 585.0 147,960 105,480 PL 79-525.
Pittsburg,
Haskell.
FNPM 1,463.0 585.0 565.0 105,480 46,120 .......................
Fall River Lk................ KS Greenwood.... Fall R......... F 234.5 987.5 948.5 10,400 2,350 HD440-76-1.
FA 15.0 948.5 940.0 2,350 1,170 .......................
[[Page 254]]
Fort Gibson Lk............... OK Wagoner...... Neosho (Grand) F 919.2 582.0 554.0 51,000 19,900 FEC 1941.
R.
FP 53.9 554.0 551.0 19,100 16,950 RHA 1946.
Fort Supply Lk............... OK Woodward..... Wolf Cr........ F 86.8 2,028.0 2,004.0 5,690 1,820 PL 74-738.
FM 13.9 2,004.0 1,988.0 1,820 0 .......................
Galisteo Dam................. NM Santa Fe..... Galisteo Cr.... F 79.4 5,608.0 5,496.0 2,060 0 PL 86-645.
Georgetown Lk................ TX Williamson... N.F. San F 87.6 834.0 791.0 3,220 1,310 PL 87-874.
Gabriel R.
MC 29.2 791.0 699.0 1,310 0 HD 591-82-2.
Gillham Lk................... AR Howard, Polk. Cossatot R..... F 188.7 569.0 502.0 4,680 1,370 PL 85-500.
FMCQ 29.3 502.0 464.5 1,370 310 .......................
Granger Lk................... TX Williamson... San Gabriel R.. F 162.2 528.0 504.0 11,040 4,400 PL 87-874.
M 37.9 504.0 440.0 4,400 0 .......................
Grapevine Lk................. TX Denton, Denton Cr...... F 243.1 560.0 535.0 12,710 7,280 HD103-77-1.
Tarrant.
M 154.3 535.0 451.0 7,380 41 .......................
Great Salt Plains Lk......... OK Alfalfa...... Salt Fk........ F 240.0 1,138.5 1,125.0 27,730 8,693 PL 74-738.
Arkansas R..... FC 31.4 1,125.0 1,115.0 8,690 0 .......................
Greers Ferry Lk.............. AR Cleburne, Van Little Red R... F 934.0 487.0 461.0 40,480 31,460 PL 75-761.
Buren.
FP 716.5 461.0 435.0 31,460 23,740 PL 83-780.
Heyburn Lk................... OK Creek........ Polecat Cr..... F 48.4 784.0 761.5 3,700 917 PL 79-526.
FM 3.8 761.5 55.5 917 394 .......................
Hords Cr Lk.................. TX Coleman...... Hords Cr....... F 16.7 1,920.0 1,900.0 1,260 510 PL 77-228.
M 5.8 1,900.0 1,848.0 510 0 .......................
Hugo Lk...................... OK Choctaw...... Kiamichi R..... F 809.1 437.5 404.5 34,490 13,250 PL 79-526.
FMCAR 127.2 404.5 390.0 13,250 4,500 .......................
Hulah Lk..................... OK Osage........ Caney R........ F 257.9 765.0 733.0 13,000 3,570 PL 74-738.
KS Chautaugua... ............... FMA 31.1 733.0 710.0 3,570 0 PL 84-843.
Jemez Canyon Dam............. NM Sandoval..... Jemez R........ F 73.0 5,232.0 5,196.1 2,877 1,370 PL 80-858
PL 81-516.
Joe Pool Lk.................. TX Dalla, Ellis, Mountain Cr.... F 1,238.0 536.0 522.0 10,940 7,470 PL 89-298.
Tarrant.
M 176.9 522.0 456.0 7,470 10 .......................
John Martin Res.............. CO Bent......... Arkansas R..... F 270.3 3,870.0 3,851.0 17,630 11,655 PL 74-738.
FRC 350.9 3,851.0 0.0 11,655 0 .......................
John Redmond Dam & Res....... KS Coffee....... Neosho R....... F 559.0 1,068.0 1,039.0 31,700 9,300 PL 81-516.
FMAR 70.8 1,039.0 1,020.0 9,300 108 .......................
Kaw Lk....................... OK Kay, Osage... Arkansas R..... F 919.4 1,044.5 1,010.0 38,020 17,040 PL 87-874.
KS Cowley....... ............... FMARC 343.5 1,010.0 978.0 17,040 5,590 .......................
Keystone Lk.................. OK Tulsa........ Arkansas R..... F 1,180.0 754.0 723.0 54,300 23,600 PL 81-516.
FNPMC 296.7 723.0 706.0 23,600 13,300 .......................
L&D 01, Norrell.............. AR Arkansas..... Arkansas Post N 0.0 142.0 142.0 140 140 HD 758-79, RHA 1946.
Canal.
L&D 02, Wilbur D. Mills Dam.. AR Desha, Arkansas R..... N 18.7 162.3 160.5 10,700 9,400 HD 758-79, RHA 1946.
Arkansas.
L&D 03....................... AR Jefferson, Arkansas R..... N 8.3 182.3 180.0 3,750 3,180 HD 758-79, RHA 1946.
Lincoln.
L&D 04....................... AR Jefferson.... Arkansas R..... N 12.9 196.3 194.0 5,820 5,200 HD 758-79, RHA 1946.
L&D 05....................... AR Jefferson.... Arkansas R..... N 14.4 213.3 211.0 6,900 5,550 HD 758-79, RHA 1946.
L&D 06, David D. Terry....... AR Pulaski...... Arkansas R..... N 9.6 231.3 229.0 4,830 4,130 HD 758-79.
L&D 07, Murray............... AR Pulaski...... Arkansas R..... N 24.7 249.7 247.0 10,350 8,100 RHA 1946.
[[Page 255]]
L&D 08, Toad Suck Ferry...... AR Faulkner, Arkansas R..... N 8.7 265.3 263.0 4,130 3,600 RHA 1946.
Perry.
L&D 09, Arthur V. Ormond L&D, AR Conway....... Arkansas R..... N 15.8 287.0 284.0 5,660 4,910 HD 758-79.
W. Rockefeller Lk.
L&D 10, Lk Dardanelle........ AR Pope Yell.... Arkansas R..... NP 72.3 338.2 336.0 34,700 31,140 HD 758-79, RHA 1946.
L&D 11, Ozark-Jetta Taylor... AR Franklin..... Arkansas....... NPR 25.3 372.5 370.0 11,100 8,800 RHA 1946, HD 758-79.
L&D 13, James W. Trimble..... AR Sebastian, Arkansas R..... N 18.1 392.0 389.0 6,820 5,200 RHA 1946.
Crawford.
L&D 14, W. D. Mayo........... OK Sequoyah, Arkansas R..... N 0.0 413.0 0.0 1,600 0 PL 79-525.
Leflore.
L&D 15, Robert S. Kerr Res... OK Leflore, Arkansas R..... NP 84.7 460.0 458.0 43,800 40,760 PL 79-525.
Sequoyah.
L&D 16, Webbers Falls Res.... OK Muskogee..... Arkansas R..... NP 32.4 490.0 487.0 10,900 9,300 PL 79-525.
L&D 17, Chouteau............. OK Wagoner...... Verdigris R.... N 0.0 511.0 511.0 2,270 2,270 PL 79-525, HD 758-79-2.
L&D 18, Newt Graham.......... OK Wagoner...... Verdigris R.... N 0.0 532.0 532.0 1,490 1,490 PL 97-525.
Lake O' The Pines............ TX Marion....... Cypress Cr..... F 579.5 249.5 228.5 38,200 18,700 PL 79-526.
M 250.0 228.5 201.0 18,700 1,100 .......................
Lavon Lk..................... TX Collin....... East Fork, F 275.6 503.5 492.0 29,450 21,400 HD 533-78-2.
Trinity R. M 380.0 492.0 433.0 21,400 2,87
Lewisville Lk Garza-Little TX Denton....... Elm Fork F 525.2 532.0 515.0 39,080 23,280 HD 403-77-1.
Elm Dam. Trinity R.
M 436.0 515.0 433.0 23,280 12 .......................
Marion Lk.................... KS Marion....... Cottonwood R... F 60.2 1,358.5 1,350.5 9,050 6,200 PL 81-516.
FMAR 83.3 1,350.5 1,320.0 6,200 170 .......................
Millwood Lk.................. AR Little R Little R....... F 1,650.0 287.0 259.2 95,200 29,200 PL 79-526.
Hempstead.
FMC 153.3 259.2 252.0 29,200 13,100 HD 785-79.
Navarro Mills Lk............. TX Navarro Hill. Richland Cr.... F 143.2 443.0 424.5 11,700 5,070 HD 498-83-2.
M 53.2 424.5 375.3 5,070 0 .......................
Nimrod Lk.................... AR Perry, Yell.. Fourche La Fave F 307.0 373.0 342.0 18,300 3,550 FCA 1938.
R.
Norfork Lk................... AR Baxter, North Fork R... F 731.8 580.0 552.0 30,700 21,990 PL 75-761.
Fulton.
MO Ozark........ ............... FP 707.0 552.0 510.0 21.990 12,320 FCA 1941
North Fork Lk................ TX Williamson... N.F. San F 87.6 834.0 791.0 3,220 1,310 PL 87-874.
Gabriel R.
MC 29.2 791.0 699.0 1,310 0 HD 591-82-2.
O. C. Fisher Lk.............. TX Tom Green.... N. Concho R.... F 277.2 1,938.5 1,908.0 12,700 5,440 PL 77-228.
M 80.4 1,908.0 1,836.0 5,440 3 .......................
Oologah Lk................... OK Rogers....... Verdigris R.... F 965.6 661.0 638.0 56,800 29,460 PL 75-761.
FMN 544.1 638.0 592.0 29,460 1,120
Optima Lk.................... OK Texas........ N. Candian R... F 100.5 2,779.0 2,763.5 7,640 5,340 PL 74-738.
FMRC 117.7 2,763.5 2,726.0 5,340 1,335 .......................
Pat Mayse Lk................. TX Lamar........ Sanders Cr..... F 64.6 460.5 451.0 7,680 5,993 PL 87-874.
FMCR 119.9 451.0 415.0 5,993 996 HD 88-71.
Pine Cr...................... OK McCurtain.... Little R....... F 388.1 480.0 443.5 17,230 4,980 PL 85-500.
FMAC 77.6 443.5 414.0 4,980 700 HD 170-85-1.
Proctor Lk................... TX Comanche..... Leon R......... F 310.1 1,197.0 1,162.0 14,010 4,610 PL 83-780, HD 535-81-2.
Sam Rayburn Res.............. TX Jasper, San Angelina R..... F 1,099.4 173.0 164.4 142,700 114,500 HD 981-76-1.
Augustine,
Angelina.
PMC 1,446.2 164.4 149.0 114,500 74,040 .......................
Santa Rosa................... NM Guadalupe.... Pecos R........ F 340.0 4,746.2 4,776.5 10,740 3,823 PL 83-780.
FI 160.0 4,776.5 4,746.2 7,115 3,823 .......................
Sardis....................... OK Pushmatah.... Jackfork Cr.... F 122.6 607.0 599.0 16,960 13,610 HD 602-79-2.
FMR 274.2 599.0 542.0 13,610 40 .......................
Somerville Lk................ TX Washington, Yegua Cr....... F 337.7 258.0 238.0 24,400 11,460 PL 83-780.
Lee, Burleson.
[[Page 256]]
M 143.9 238.0 200.0 11,460 0 .......................
Stiatook..................... OK Osage........ Hominy Cr...... F 178.0 729.0 714.0 13,690 10,190 HD 563-87.
FMARC 311.6 714.0 657.0 10,190 1,430 .......................
Stillhouse H. Lk............. TX Bell......... Lampasas R..... F 390.6 666.0 622.0 11,830 6,430 PL 83-780.
M 204.9 622.0 498.0 6,430 0 .......................
Table Rock Lk................ MO Taney, Stone, White R........ F 760.0 931.0 915.0 52,250 43,070 PL 77-228.
Barry.
AR Carroll, FP 1,181.50 915.0 881.0 43,070 27,300 FCA 1938.
Boone.
Tenkiller Ferry Lk........... OK Cherokee, Illinois R..... F 576.7 667.0 632.0 20,800 12,900 RHA 1946.
Sequoyah.
FP 371.0 632.0 594.5 12,900 7,370 .......................
Texoma Lk, Denison Dam....... TX Marshall..... Red R.......... F 2,669.0 640.0 617.0 144,000 88,000 PL 75-761.
OK Bryan, Cook, ............... FPM 1,612.0 617.0 590.0 88,000 41,000 .......................
Grayson.
Toronto Lk................... KS Woodson...... Verdigris R.... F 179.8 931.0 901.5 11,740 2,660 HD 440-76-1.
FMA 10.7 901.5 896.7 2,660 1,720 .......................
Trinidad Lk.................. CO Las Animas... Purgatorie R... F 58.0 6,260.0 6,230.0 2,107 1,453 PL 85-500.
FI 20.0 6,230.0 0.0 1,453 0
Two Rivers Dam............... NM Chaves....... Rio Hondo R.... F 150.0 4,032.0 3,945.0 4,806 0 PL 83-780.
Waco Lk...................... TX Mclennan..... Bosque R....... F 3.3 500.0 455.0 19,440 7,270 PL 83-780.
M 100.8 455.0 370.0 7,240 0 HD 535-81-2.
Waurika Lk................... OK Jefferson.... Beaver Cr...... F 140.4 962.5 951.4 15,000 10,100 PL 88-253.
FMCAR 199.7 951.4 910.0 10,100 830 .......................
Whitney Lk................... TX Hill, Bosquel Brazos R....... F 1,372.0 571.0 533.0 49,820 23,560 PL 77-228.
PM 381.9 533.0 425.0 23,560 475 HD 390-76-1.
Wister Lk.................... OK Leflore...... Pouteau R...... F 387.0 502.5 474.6 23,070 5,000 PL 75-761.
Wright Patman Lk............. TX Bowie, Cass.. Sulphur R...... F 2,363.7 259.5 220.0 119,700 20,300 PL 79-526.
FM 142.7 220.0 180.0 20,300 0 .......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Res--Reservoir; Lk--Lake; Div--Diversion: R--River; Cr--Creek; Fk--Fork; L&D--Lock & Dam;GIWW--Gulf Intercoastal Waterway; FG--Floodgate; CS--
Control Structure: DS--Drainage Structure; PS--Pump Station.
\2\ F--Flood Control; N--Navigation; P--Hydropower; I--Irrigation; M--Municipal and/or Industrial Water/Supply;C--Fish and Wildlife Conservation; R--
Recreation; A--Low Flow Augmentation or Pollution Abatement; Q--Quality or Silt Control.
\3\ PL--Public Law; HD--House Document; RHA--River & Harbor Act; PW--Public Works: FCA--Flood Control Act;WSA--Water Supply Act.
[47 FR 44544, Oct. 8, 1982, as amended at 52 FR 15804, Apr. 30, 1987; 52
FR 23816, June 25, 1987; 57 FR 35757, Aug. 11, 1992. Redesignated at 60
FR19851, Apr. 21, 1995]
[[Page 257]]
Sec. 222.6 National Program for Inspection of Non-Federal Dams.
(a) Purpose. This regulation states objectives, assigns
responsibilities and prescribes procedures for implementation of a
National Program forInspection of Non-Federal Dams.
(b) Applicability. This regulation is applicable to all Divisions
and Districts having Civil Works functions.
(c) References. (1) The National Dam Inspection Act, Pub. L. 92-367,
8 August 1972.
(2) Freedom of Information Act, Pub. L. 87-487, 4 July 1967.
(3) ER 500-1-1.
(d) Authority. The National Dam Inspection Act, Public Law 92-367, 8
August 1972 authorizes the Secretary of the Army, acting through
theChief of Engineers, to carry out a national program of inspection of
non-Federal dams for the purpose of protecting human life and property.
(e) Scope. The program provides for:
(1) An update of the National Inventory of Dams.
(2) Inspection of the following non-Federal dams (the indicated
hazard potential categories are based upon the location of the dams
relative todeveloped areas):
(i) Dams which are in the high hazard potential category (located on
Federal and non-Federal lands).
(ii) Dams in the significant hazard potential category believed by
the State to represent an immediate danger to the public safety due to
the actualcondition of the dam.
(iii) Dams in the significant hazard potential category located on
Federal lands.
(iv) Specifically excluded from the national inspection program are:
(A) Dams under the jurisdiction of the Bureau of Reclamation, the
Tennessee Valley Authority, the International Boundary and Water
Commission and theCorps of Engineers and
(B) Dams which have been constructed pursuant to licenses issued
under the authority of the Federal Power Act, and
(C) Dams which have been inspected within the 12-month period
immediately prior to the enactment of this act by a State agency and
which the Governorof such State requests be excluded from inspection.
(f) Objectives. The objectives of the program are:
(1) To update the National Inventory of Dams by 30 September 1980.
(2) To perform the initial technical inspection and evaluation of
the non-Federal dams described in paragraph 222.8(e) of this section to
identifyconditions which constitute a danger to human life or property
as a means of expediting the correction of hazardous conditions by non-
Federal interests.The inspection and evaluation is to be completed by 30
September 1981.
(3) To obtain additional information and experience that may be
useful in determining if further Federal actions are necessary to assure
national damsafety.
(4) Encourage the States to establish effective dam safety programs
for non-Federal dams by 30 September 1981 and assist the States in the
developmentof the technical capability to carry out such a program.
(g) Program execution--(1) Responsibilities. (i) The owner has the
basic legal responsibility for potential hazards created by theirdam(s).
Phase II studies, as described in Chapter 4, Appendix D, and remedial
actions are the owner's responsibility.
(ii) The State has the basic responsibility for the protection of
the life and property of its citizens. Once a dam has been determined to
be unsafe,it is the State's responsibility to see that timely remedial
actions are taken.
(iii) The Corps of Engineers has the responsibility for executing
the national program. The Federal program for inspection of dams does
not modify thebasic responsibilities of the States or dam owners. The
Engineering Division of the Civil Works Directorate is responsible for
overall program goals,guidance, technical criteria for inspections and
inventory and headquarters level coordination with other agencies. The
Water Resources Support Center(WRSC) located at Kingman Building, Fort
Belvoir, Virginia 22060 is responsible for:
(A) Program Coordination of both the inventory and inspection
programs.
[[Page 258]]
(B) Developing and defining functional tasks to achieve program
objectives.
(C) Determining resource requirements. (Budget)
(D) Compiling and disseminating progress reports.
(E) Monitoring and evaluating program progress and recommending
corrective measures as needed.
(F) Collecting and evaluating data pertaining to inspection reports,
dam owners' responses to inspection report recommendations, attitudes
andcapabilities of State officials, State dam safety legislation,
Architect-Engineer performance, etc., for defining a comprehensive
national dam safetyprogram.
(G) Responding to Congressional, media, scientific and engineering
organization and general public inquiries.
Division and District offices are responsible for executing the program
at the State level. Assignment of Division reponsibilities for States
isshown in Appendix A.
(2) State participation. Where State capability exists, every effort
should be made to encourage the State to execute the inspection
programeither with State personnel or with Architect-Engineer (A-E)
contracts under State supervision. If the State does not have the
capability to carry out theinspection program, the program will be
managed by the Corps of Engineers utilizing Corps employees or contracts
with A-E firm.
(h) Update of National Inventory of Dams. (RCS-DAEN-CWE-17/OMB No.
49-RO421)
(1) The National Inventory of Dams should be updated and verified to
include all Federal and non-Federal dams covered by the Act. Those dams
aredefined as all artificial barriers together with appurtenant works
which impound or divert water and which: (1) Are twenty-five feet or
more in height or(2) have an impounding capacity of fifty acre-feet or
more. Barriers which are six feet or less in height, regardless of
storage capacity or barriers whichhave a storage capacity at maximum
water storage elevation of fifteen acre-feet or less regardless of
height are not included.
(2) Inventory data for all dams shall be provided in accordance with
Appendix B.
(3) The hazard potential classification shall be in accordance with
paragraph 2.1.2 Hazard Potential of the Recommended Guideline for
SafetyInspection of Dams (Appendix D to this section).
Table 2--Hazard Potential Classification
----------------------------------------------------------------------------------------------------------------
Category Urban development Economic loss
----------------------------------------------------------------------------------------------------------------
Low.................................... No permanent structure for human Minimal (Undeveloped to occasional
habitation. structures or agriculture).
Significant............................ No urban development and no more Appreciable (Notable agriculture,
than a small number of habitable industry or structures).
structures.
High................................... Urban development with more than a Excessive (Extensive community,
small number of habitable industry or agriculture).
structures.
----------------------------------------------------------------------------------------------------------------
(4) As in the original development of the inventory, the States
should be encouraged to participate in the work of completing, verifying
and updatingthe inventory. Also, when available, personnel of other
appropriate Federal agencies should be utilized for the inventory work
on a reimbursable basis.Work in any State may be accomplished:
(i) Under State supervision utilizing State personnel or Architect-
Engineers contracts.
(ii) Under Corps supervision utilizing Corps employees, employees of
other Federal agencies or Architect-Engineer contracts.
(5) A minimum staff should be assigned in Districts and Divisions to
administer and monitor the inventory activities. Generally, the work
should beaccomplished by architect-engineers or other Federal agency
personnel under State or Corps supervision. Corps personnel should
participate in the inventoryonly to the extent needed to assure that
accurate data are collected.
[[Page 259]]
(6) The National Inventory of Dams computerized data base in stored
on the Boeing Computer Services (BCS) EKS computer system in
Seattle,Washington. The data base uses Data Base Management System 2000
and is accessible for query by all Corps offices.
(7) Appendix B indicates details on accessing and updating inventory
data.
(8) Appendix I describes the procedure for using NASA Land Satellite
(LANDSAT) Multispectral Scanner data along with NASA's Surface Water
Detection andMapping (DAM) computer program to assist in updating and
verifying and National Inventory of Dams.
(9) All inventory data for dams will be completed and verified
utilizing all available sources of information (including LANDSAT
overlay maps) and willinclude site visitation if required. It is the
responsibility of the District Engineer to insure that the inventory of
each State within his area ofresponsibility is accurate and contains the
information required by the General Instructions for completing the
forms for each Federal and non-Federal dam.
(i) [Reserved]
(j) Inspection Program. (RCS-DAEN-CWE-17 and OMB No. 49-RO421)
(1) Scheduling of inspections. The Governor of each State or his
designee will continue to be involved in the selection and scheduling of
thedams to be inspected. Priority will be given to inspection of those
dams considered to offer the greatest potential threat to public safety.
(i) No inspection of a dam should be initiated until the hazard
potential classification of the dam has been verified to the
satisfaction of the Corps.Dams in the significant hazard category should
be inspected only if requested by the State and only then if the State
can provide information to show thatthe dam has deficiencies that pose
an immediate danger to the public safety. Guidance for the selection of
significant category non-Federal dams on Federallands will be given in
the near future.
(ii) Selection for inspection of non-Federal dams located on Federal
lands or non-Federal dams designed and constructed under the
jurisdiction of someFederal agency, should be coordinated with the
responsible Federal agency. The appropriate State or regional
representative of the Federal agency alsoshould be contacted to obtain
all available data on the dam. Representatives of the agency may
participate in the inspection if they desire and should begiven the
opportunity to review and comment on the findings and recommendations in
the inspection report prior to submission to the Governor and the
damowner. Examples of such dams are: non-Federal dams built on lands
managed by National Forest Service, Bureau of Land Management, Fish and
Wildlife Service,etc.; non-Federal dams designed and constructed by the
Soil Conservation Service of the U.S. Department of Agriculture; high
hazard mine tailings and coalmine waste dams under the jurisdiction of
the Mine Safety and Health Administration, Department of Labor.
(iii) Indian-owned dams on trust lands are considered to be non-
Federal dams. All dams in the high hazard potential category will be
inspected.Privately-owned dams located on Indian lands are to be
included in the program, however BIA-owned dams on Indian lands are
Federal dams and are exempt.
(2) Procedures. The Division Engineer is responsible for the quality
of inspections and reports prepared by the District Engineer. Close
liaisonbetween the District Engineer and the State agency or A-E firm
responsible for the inspections will be required in order to obtain a
dependable result. Toavoid undesirable delays in the evaluation of
safety of individual dams, contracts with A-E's or agreements with
States which are managing the program willprovide that reports be
completed and furnished to the District Engineer within a specified time
after completion of the on-site inspection of the dam.
(i) Inspection guidelines. The inspection should be conducted in
accordance with the Recommended Guidelines for Safety Inspection of
Dams(Appendix D to this section). Expanded Guidance for Hydrologic and
Hydraulic Assessment of Dams is provided in Appendix C. The criteria in
the recommendedguidelines are screening criteria to be used only
[[Page 260]]
for initial determinations of the adequacy of the dam. Conditions found
during the investigationwhich do not meet the guideline recommendations
should be assessed as to their importance from the standpoint of the
degree of risk involved.
(ii) Coordinators. Experience has shown that coordination and
communications among technical disciplines, Public Affairs Office,
emergencyofficials, training officers, operations personnel, State
representatives and A-E firms has been best in those districts where one
person was delegated theresponsiblity for coordinating the actions of
all involved elements. Each district should evaluate its overall
coordination procedures to insure that allinvolved elements have the
best possible access to necessary data.
(iii) Field investigations should be carried out in a systematic
manner. A detailed checklist or inspection form should be developed and
used for eachdam inspection and appended to the inspection report. The
size of the field inspection team should be as small as practicable,
generally consisting of onlyone representative of each required
discipline in order to control the costs of the inspection without
sacrificing the quality of the inspection. Theinspection team for the
smaller less complex dams should be limited to two or three
representatives from appropriate technical areas with
additionalspecialists used only as special conditions warrant. The
larger more complex projects may require inspection teams of three or
four specialists.Performance of overly detailed and precise surveys and
mapping should be avoided. Necessary measurement of spillway, dam
slopes, etc. can generally be madewith measuring tapes and hand levels.
(iv) Additional engineering studies. Dam inspections should be
limited to Phase I investigations as outlined in Chapter 3 of Appendix
D. However,if recommended by the investigating engineer and approved by
the District Engineer, some additional inexpensive investigations may be
performed when areasonable judgment on the safety of the dam cannot be
made without additional investigation. Any further Phase II
investigation needed to prove ordisprove the findings of the District
Engineer or to devise remedial measures to correct deficiencies are the
responsibility of the owner and will not beundertaken by the Corps of
Engineers.
(v) Assessment of the investigation. (A) The findings of the visual
inspection and review of existing engineering data for a dam shall
beassessed to determine its general condition. Dams assessed to be in
generally good condition should be so described in the inspection
report. Deficienciesfound in a dam should be described and assessed as
to the degree of risk they present. The degree of risk should consider
only loss of life and/or propertydamage resulting from flooding due to
dam failure. Loss of project benefits i.e., municipal water supply,
etc., should not be considered. Ifdeficiencies are assessed to be of
such a nature that, if not corrected, they could result in the failure
of the dam with subsequent loss of life and/orsubstantial property
damage, the dam should be assessed as ``Unsafe.'' If the probable
failure of an ``Unsafe'' dam is judged to beimminent and immediate
action is required to reduce or eliminate the hazard, the ``unsafe''
condition of the dam should be considered an``emergency.'' If the
probable failure is judged not to be imminent, the ``unsafe'' condition
should be considered a ``non-emergency.''
(B) Adequacy of spillway. The ``Recommended Guidelines for Safety
Inspection of Dams,'' Appendix D, provide current, acceptable
inspectionstandards for spillway capacity. Any spillway capacity that
does not meet the criteria in the ``Guidelines'' is considered
inadequate. When aspillway's capacity is so deficient that it is
seriously inadequate, the project must be considered unsafe. If all of
the following conditionsprevail, the Governor of the State shall be
informed that such project is unsafe:
(1) There is high hazard to loss of life from large flows downstream
of the dam.
(2) Dam failure resulting from overtopping would significantly
increase the hazard to loss of life downstream from the dam over that
which wouldexist just before overtopping failure.
[[Page 261]]
(3) The spillway is not capable of passing one-half of the probable
maximum flood without overtopping the dam and causing failure.
Classification of dams with seriously inadequate spillways as ``unsafe,
non-emergency'' is generally a proper designation of theurgency of the
unsafe condition. However, there may be cases where the spillway
capacity is unusually small and the consequences of dam overtopping
andfailure would be catastrophic. In such cases, the unsafe dam should
be classified as an emergency situation.
(vi) All inspection reports will receive one level of independent
review by the Corps. If the reports are prepared by the Corps, the
independent reviewmay be performed internally within the district
office. However, in cases which involve significant economic, social or
political impacts and technicaluncertainties in evaluating the dams,
advice may be obtained from the staffs of the Division Engineer and the
Office, Chief of Engineers.
(3) Reports--(i) Preparation. A written report on the condition of
each dam should be prepared as soon as possible after thecompletion of
the field inspection and assessment. A suggested report format is
attached as Appendix E. It is important that the inspection report
becompleted in a timely manner. For inspections being done by Corps
employees, it is suggested that once an inspection team has been
assigned to a daminspection it be allowed to complete the inspection and
report without interruption by other work.
(ii) Review and approval. The coordinating engineer should determine
which disciplines should review the report and establish a procedure
toaccomplish the review in a timely manner. A review panel, made up of
the appropriate Division and Branch Chiefs has worked well in some
districts. Use of areview panel should be seriously considered by all
districts. All inspection reports shall be approved by the District
Engineer who will maintain acomplete file of final approved reports. Any
State or Federal agency having jurisdiction over the dam or the land on
which the dam is built should be giventhe opportunity to review and
comment on the report prior to submission to the Governor or dam owner.
The District Engineer will transmit final approvedreports to the
Governor of the State and the dam owner (or the Governor only, when
requested in writing by State officials). If the report is
initiallyfurnished to the Governor only, a period of up to ten days may
be allowed before the report is furnished to the dam owner. If the
Governor or the ownerindicates additional technical information is
available that might affect the assessment of the dam's condition, the
District Engineer will furnish theproposed final report to the Governor
and the owner and establish a definite time period for comments to be
furnished to the District Engineer prior toreport approval.
(iii) In general the Governor will be responsible for public release
of an inspection report and for initiating any public Statements.
However, anapproved report must be treated as any other document subject
to release upon request under the Freedom of Information Act. The
letters of transmittal tothe Governor and owner should indicate that
under the provisions of the Freedom of Information Act, the documents
will be subject to release upon requestafter receipt by the Governor.
Proposed final reports will be considered as internal working papers not
subject to release under the Freedom of InformationAct. Corps personnel,
A-E contractor personnel and others working under supervision of the
Corps will be cautioned to avoid public statements about thecondition of
the dam until after the District Engineer has approved the report. The
Corps will respond fully to inquiries after the Governor has receivedthe
approved report or been notified of an unsafe dam. An information copy
of the report should be sent to the District office normally having
jurisdictionif other than the District responsible for the inspection.
(iv) Follow-up action. A Federal investment of the magnitude
anticipated for this inspection program makes it desirable that a
reporting systembe established to keep the District Engineer abreast of
the implementation of the recommendations in the inspection reports. The
letters of transmittal tothe Governor and owner will request that
[[Page 262]]
the District Engineer be informed of the actions taken on the
recommendations in the inspection reports.However, the National Dam
Inspection Act only authorizes the initial inspection of certain dams;
therefore, once a report is completed no reinspection willbe undertaken.
(4) Unsafe dams. The investigating engineer will be required to
immediately notify the District Engineer when a dam is assessed as being
unsafe.He will also indicate if probable failure of the unsafe dam is
judged to be imminent and immediate action is required to reduce or
eliminate the threat.The District Engineer will evaluate the findings of
the investigating team and will immediately notify the Governor and the
owner if the findings areUnsafe Non-Emergency or Unsafe-Emergency. The
appropriate State agency and the Corps of Engineers officials having
emergency operation responsibility forthe area in which the dam is
located will also be notified. The information provided in the unsafe
dam notice shall be as indicated in Appendix F. Anyemergency procedures
or remedial actions deemed necessary by the District Engineer will be
recommended to the Governor who has the responsibility for anycorrective
actions. As provided in ER 500-1-1, Corps assistance under Pub. L. 84-99
``Advance Measures,'' may be madeavailable to complement the owner's and
Governor's action under certain conditions and subject to the approval
of the Director of Civil Works. The DistrictEngineer's Emergency
Operation Officer will coordinate the advance measures request in
accordance with existing procedures. Coordination will be
maintainedbetween the District responsible for emergency action under
Pub. L. 84-90 and the District responsible for the inspection.
(5) Emergency action plans. An emergency action plan should be
available for every dam in the high and significant hazard category.
Such plansshould outline actions to be taken by the operator to minimize
downstream effects of an emergency and should include an effective
warning system. If anemergency action plan has not been developed, the
inspection report should recommend that the owner develop such an action
plan. However, the Corps has noauthority to require an emergency action
plan.
(k) Progress reports. Progress reports should be submitted monthly
by the Division Engineer to WRSC. The reports shall include progress
throughthe last Saturday of the month and should be mailed by the
following Monday. The reports shall contain the information and be
typewritten in the formatshown in Appendix G. Copies of Unsafe Dam Data
Sheets will be submitted with the progress report. Copies of the
completed inspection report for Dams in theUnsafe-Emergency category
will be submitted also. (RCS-DAEN-CWE-19)
(l) Contracts--(1) Corps of Engineers supervision. Contracts for
performing inventory and inspection activities under supervision ofthe
Corps of Engineers shall be Fixed-Price Architect Engineer Contracts for
Services. A sample scope of work setting forth requirements is provided
inAppendix H. Experience has shown that costs for individual dam
inspection have been lower when multiple inspections are included in one
contract.Therefore, each A-E contract should include multiple dam
inspections where practicable. Corps participation in A-E inspections
should be held to a minimum.Corps representatives should participate in
only enough A-E inspections to assure the equality of the inspections.
(2) State supervision. Contracts with States for performing
inventory and inspection activities under State supervision may be
either a Cost-Reimbursement type A-E Contract for Services or a Fixed-
Price type contract. The selection of Architect-Engineers by the State
should require approval ofthe Corps of Engineers Contracting Officer.
The negotiated price for A-E services under cost-reimbursement type
contracts with States will also requireapproval by the Contracting
Officer. Contracts with States should require timely submission of the
inspection reports to the District Engineer forreview and approval. The
contract provisions should also prevent public release of or public
comment on the inspection report until the District Engineerhas reviewed
and approved the report. Corps
[[Page 263]]
of Engineers participation in State inspections should be limited to
occasional selected inspections toassure the quality of the State
program.
(m) Training. As indicated in paragraph (f) of this section, one
objective of the inspection program for non-Federal Dams is to prepare
theStates to provide effective dam safety programs. In many States this
will require training of personnel of State agencies in the technical
aspects of daminspections. The Office, Chief of Engineers is studying
the need for and content of a comprehensive Corps-sponsored training
program in dam inspectiontechnology. Pending the possible adoption of
such a comprehensive plan, division and district Engineers are
encouraged to take advantage of suitableopportunities to provide needed
training in dam safety activities to qualified employees of State
agencies and, when appropriate, to employees ofarchitect-engineer firms
engaged in the program. The following general considerations should be
observed in providing such training:
(1) Priority must be placed on inspection of dams and updating the
national dam inventory; hence, diversion of resources to training
activities shouldnot deter or delay these principle program functions.
(2) Salaries, per diem and travel expenses relating to training
activities of State employees will be a State expense. There will be no
tuition chargefor State employees.
(3) Architect-Engineer firms will be required to pay expenses and
tuition costs for their employees participating in Corps-sponsored
trainingactivities.
(4) Corps-sponsored training will require that each trainee is a
qualified engineer or geologist and will concentrate on engineering
technology relateddirectly to dam safety. (This may require screening of
proposed candidates for training.)
(5) Under this program, the Corps will not sponsor training that is
intended primarily to satisfy requirements for a degree.
(6) Training by participation in actual dam inspections and/or
management of the inspection program should be encouraged.
Appendix A to Sec. 222.6--Division Assignments
To facilitate better coordination with the States, the Division
Engineers are responsible for the dam inspection program by States as
follows:
New England Division: Maine, Rhode Island, Connecticut, Vermont, New
Hampshire, Massachusetts
North Atlantic Division: New York, New Jersey, Pennsylvania, Delaware,
Maryland, Virginia, District of Columbia
Ohio River Division: West Virginia, Ohio, Kentucky, Tennessee, Indiana
South Atlantic Division: North Carolina, South Carolina, Georgia,
Florida, Alabama, Puerto Rico, Virgin Islands
Lower Mississippi Valley Division: Mississippi, Louisiana, Missouri
North Central Division: Michigan, Wisconsin, Illinois, Minnesota, Iowa
Southwestern Division: Arkansas, Oklahoma, Texas, New Mexico
Missouri River Division: Kansas, Nebraska, South Dakota, North Dakota,
Wyoming, Colorado
North Pacific Division: Oregon, Idaho, Montana, Washington, Alaska
South Pacific Division: Utah, California, Arizona, Nevada
Pacific Ocean Division: Hawaii, Trust Territories, American Samoa
Appendix B to Sec. 222.6--Inventory of Dams
(RCS-DAEN-CWE-17 and OMB No. 49-RO421)
1. The updating of the inventory will include the completion of all
items of data for all dams now included in the inventory, verification
of the datanow included in the inventory, and inclusion of complete data
for all appropriate existing dams not previously listed. Data
completion, verification andupdating will be scheduled over a three year
period.
2. The inventory data will be recorded on Engineering Form 4474 and
4474A (Exhibit 2). The general instructions for completing the forms are
printed onthe back of the forms. Parts I and II of the forms are to be
fully completed. The instruction for completing Item 29, Line 5, Para.
II (Engr Form 4474A) isrevised to conform identically with the hazard
potential classification contained in the recommended guidelines for
safety inspection of dams. Additionaldata has been added to designate
Corps districts in which the dam is located, Federal agency owned dams,
Corps owned dams, Federal agency regulated dams,dams constructed with
technical or financial assistance of the U.S. Soil Conservation Service,
and privately owned dams located on Federal property.
3. All inventory data will be verified utilizing all available
sources of information and will include site visitation if required.
[[Page 264]]
4. The Inventory Data Base is stored on the Boeing Computer Services
(BCS) EKS System in Seattle, Washington. The data is available to all
Corpsoffices for queries using Data Base Management System 2000 (S2K).
a. To access the National Data Base log on BCS and type the
following:
GET,DAMS/UN=CECELB
CALL,DAMS
b. For current information and changes to the National Inventory
Data Base, type:
OLD,HOTDAM/UN=CEC1AT
LIST
5. The inventory update data will be furnished and the National Data
Base will be updated on a monthly basis. The monthly submission will
cover alldams whose inventory data were completed since the last report.
The update data will be loaded directly onto the Boeing Computer by the
field office.
a. The procedure for loading the data on the Boeing Computer can be
printed by accessing the Boeing Computer and listing the information
file``HOTDAM.'' (See paragraph 4b. above.)
b. It is the responsibility of the submitting office to edit the
data prior to furnishing it for the update. Editing will be accomplished
by processingthe data using the Inventory Edit Computer program
developed by the Kansas City District. This procedure is described in
the ``HOTDAM'' file.
6. Federal agencies will be uniformly designated by major and minor
abbreviations according to the following list whenever applicable to
Items 46through 53. Abbreviations are to be left justified within the
field with one blank separating major and minor abbreviations.
------------------------------------------------------------------------
Major Minor
------------------------------------------------------------------------
a. International Boundary and Water IBWC
Commission.
b. U.S. Department of Agriculture:
(1) Soil Conservation Service....... USDA SCS
(2) Forest Service.................. USDA FS
c. U.S. Department of Energy Federal DOE FERC
Energy Regulatory Commission.
d. Tennessee Valley Authority......... TVA
e. U.S. Department of Interior:
(1) Bureau of Sport Fisheries and DOI BSFW
Wildlife.
(2) Geological Survey............... DOI GS
(3) Bureau of Land Management....... DOI BLM
(4) Bureau of Reclamation........... DOI USBR
(5) Bureau of Indian Affairs........ DOI BIA
f. U.S. Department of Labor: (1) Mine DOL MSHA
Safety and Health Administration.
g. Corps of Engineers:
(1) Lower Mississippi Valley
Division:
(a) Memphis District.............. DAEN LMM
(b) New Orleans District.......... DAEN LMN
(c) St. Louis District............ DAEN LMS
(d) Vicksburg District............ DAEN LMK
(2) Missouri River Division:
(a) Kansas City District.......... DAEN MRK
(b) Omaha District................ DAEN MRO
(3) New England Division............ DAEN NED
(4) North Atlantic Division:........
(a) Baltimore District............ DAEN NAB
(b) New York District............. DAEN NAN
(c) Norfolk District.............. DAEN NAO
(d) Philadelphia District......... DAEN NAP
(5) North Central Division:
(a) Buffalo District.............. DAEN NCB
(b) Chicago District.............. DAEN NCC
(c) Detroit District.............. DAEN NCE
(d) Rock Island District.......... DAEN NCR
(e) St. Paul District............. DAEN NCS
(6) North Pacific Division:
(a) Alaska District............... DAEN NPA
(b) Portland District............. DAEN NPP
(c) Seattle District.............. DAEN NPS
(d) Walla Walla District.......... DAEN NPW
(7) Ohio River Division:
(a) Huntington District........... DAEN ORH
(b) Louisville District........... DAEN ORL
(c) Nashville District............ DAEN ORN
(d) Pittsburgh District........... DAEN ORP
(8) Pacific Ocean Division.......... DAEN POD
(9) South Atlantic Division:
(a) Charleston District........... DAEN SAC
(b) Jacksonville District......... DAEN SAJ
(c) Mobile District............... DAEN SAM
(d) Savannah District............. DAEN SAS
(e) Wilmington District........... DAEN SAW
(10) South Pacific Division:
(a) Los Angeles District.......... DAEN SPL
(b) Sacramento District........... DAEN SPK
(c) San Franciso District......... DAEN SPN
(11) Southwestern Division:
(a) Albuquerque District.......... DAEN SWA
(b) Fort Worth District........... DAEN SWF
(c) Galveston District............ DAEN SWG
(d) Little Rock District.......... DAEN SWL
(e) Tulsa District................ DAEN SWT
------------------------------------------------------------------------
7. Procedures for Revising and Updating the Inventory of Dams Master
File.
a. To Change Correct or Add an Item. Submit a change card that
contains the identification assigned to the dams (Columns 1 thru 7), the
propercard code (Column 80) and only the item or items changed,
corrected or added. Data on the master file is added or replaced on an
item for item basis.
b. To Delete an Item. Submit a change card that contains the
identification assigned to the dam, (Columns 1 thru 7), the proper card
code (Column80), and an asterisk (*) in the left most column of the item
or items to be deleted. More than one item can be changed, corrected,
added on or deleted fromthe same card.
c. To Delete the Entire Data for a Dam from the Master File. Submit
a zero (0) card punched as follows:
Columns 1 thru 7--Item 1 identification assigned to the dam
Columns 8 thru 10--Item 2, Division Code
Columns 11 thru 16--The word DELETE
Columns 17 thru 79--Blank Spaces
Column 80--A zero
8. Keypunch Instructions and Punched Card Formats.
[[Page 265]]
a. Table 1 describes the character set to be used for keypunch cards
of Engr. Forms 4474 and 4474A.
b. Exhibit 1 is the EDPC keypunch instructions and punch card
formats defining the data fields (Items) and card columns to be used in
preparing punchedcards in compliance with the requirements of this
regulation.
c. Exhibit 2 are prints of Engr. Forms 4474 and 4474A which are laid
out in punch card format to facilitate punching cards directly from the
completedforms.
[GRAPHIC] [TIFF OMITTED] TC31OC91.000
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[GRAPHIC] [TIFF OMITTED] TC31OC91.001
[[Page 267]]
[GRAPHIC] [TIFF OMITTED] TC31OC91.002
[[Page 268]]
[GRAPHIC] [TIFF OMITTED] TC31OC91.003
[[Page 269]]
[GRAPHIC] [TIFF OMITTED] TC31OC91.004
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Appendix C to Sec. 222.6--Hydrologic and Hydraulic Assessment of Dams
1. Phase I inspections are not intended to provide detailed
hydrologic and hydraulic analyses of dam and reservoir capabilities.
However, when suchanalyses are available, they should be evaluated for
reliability and completeness. If a project's ability to pass the
appropriate flood (see Table 3, pageD-12 of Recommended Guidelines) can
be determined from available information of a brief study, such an
assessment should be made. It should be notedthat hydrologic and
hydraulic analyses connected with the Phase I inspections should be
based on approximate methods or systematized computer programs thattake
minimal effort. The Hydrologic Engineering Center (HEC) has developed a
special computer program for hydrologic and hydraulic analyses to be
used withthe Phase I inspection program. Other Field Operating Agencies
have developed similar computer programs or generalized procedures which
are acceptable foruse. All such efforts should be completed with minimum
resources.
2. A finding that a dam will not safely pass the flood indicated in
the Recommended Guidelines does not necessarily indicate that the dam
should beclassified as unsafe. The degree of inadequacy of the spillway
to pass the appropriate flood and the probable adverse impacts of dam
failure because ofovertopping must be considered in making such
classification. The following criteria have
[[Page 277]]
been selected which indicate when spillway capacity is soseriously
inadequate that a project must be classified as unsafe. All of the
following conditions must prevail before designating a dam unsafe:
a. There is high hazard to loss of life from large flows downstream
of the dam.
b. Dam failure resulting from overtopping would significantly
increase the hazard to loss of life downstream from the dam from that
which would existjust before overtopping failure.
c. The spillway is not capable of passing one-half of the probable
maximum flood without overtopping the dam and causing failure.
3. The above criteria are generally adequate for evaluating most
non-Federal dams. However, in a few cases the increased hazard potential
fromovertopping and failure is so great as to result in catastrophic
consequences. In such cases, the evaluation of condition 2c should
utilize a flood moreclosely approximating the full probable maximum
flood rather than one-half the flood. An example of such a situation
would be a large dam immediately abovea highly populated flood plain,
with little likelihood of time for evacuation in the event of an
emergency.
4. Conditions 2a and 2b require an approximation of housing location
in relation to flooded areas. Resources available in Phase I inspections
do notpermit detailed surveys or time-consuming studies to develop such
relationships. Therefore, rough estimates will generally be made from
data obtainedduring the inspection and from readily available maps and
drawings. Brief computer routings such as the HEC-1 dam break analysis,
using availabledata, are recommended in marginal cases. The HEC-1, dam
break version, is available on the Boeing Computer Services or may be
obtained from theHydrologic Engineering Center, Davis, California.
Available resources do not permit detailed studies or investigations to
establish the amount ofovertopping that would cause a dam to fail, as
designated in condition 2c. Professional judgment and available
information will have to be used in thesedeterminations. When detailed
investigations and studies are required to make a reasonable judgment of
the conditions which designate an unsafe dam, theinspection report
should recommend that such studies be the responsibility of the dam
owner.
5. During the inspection of a dam, consideration should be given to
impacts on other dams located downstream from the project being
inspected. Whenfailure of a dam would be likely to cause failure of
another dam(s) downstream, its designation as an unsafe dam could result
in multiple impacts.Therefore, the information should be explicitly
described in the inspection report. Such information may be vital to the
priorities established by StateGovernors for dam improvements.
Similarly, when the failure of an upstream dam (classified as unsafe)
could cause failure of the dam being inspected, thisinformation should
be prominently displayed in the inspection report.
6. The criteria established in paragraph 2 for designating unsafe
dams because of seriously inadequate spillways are considered reasonable
and prudent.They provide a consistent bases for declaring unsafe dams
and also serve as an effective compromise between the Recommended
Guidelines and unduly lowstandards suggested by special interests and
individuals unfamiliar with flood hazard potential.
7. The Hydrometeorological Branch (HMB) of the National Weather
Service has reviewed some 500 experienced large storms in the United
States. Thepurpose of the review was to ascertain the relative magnitude
of experienced large storms to probable maximum precipitation (PMP) and
their distributionthroughout the country. Their review reveals that
about 25 percent of the major storms have exceeded 50 percent of the
probable maximum precipitation forone or more combinations of area and
duration. In fact some storms have very closely approximated the PMP
values. Exhibits C-1 thru C-5indicate locations where experienced storms
have exceeded 50 percent of the PMP.
8. There are several options to consider when selecting mitigation
measures to avoid severe consequences of a dam failure from overtopping.
Thefollowing measures may be required by a Governor when sufficient
legal authority is available under State laws and a dam presents a
serious threat to lossof life.
a. Remove the dam.
b. Increase the height of dam and/or spillway size to pass the
probable maximum flood without overtopping the dam.
c. Purchase downstream land that would be adversely impacted by dam
failure and restrict human occupancy.
d. Enhance the stability of the dam to permit overtopping by the
probable maximum flood without failure.
e. Provide a highly reliable flood warning system (generally does
not prevent damage but avoids loss of life).
[[Page 278]]
Table 1--Storms With Rainfall =150% of PMP, U.S. East of the 105th Meridian (for 10 mi\2\, 6 Hours;
200mi\2\, 24 Hours and/or 1,000 mi\2\, 48 Hours)
----------------------------------------------------------------------------------------------------------------
Corps assignment Storm center
Storm date Index No. (if ------------------------------------ Latitude Longitude
No. available) Town State
----------------------------------------------------------------------------------------------------------------
July 26, 1819................ 1 ................ Catskill........ NY.............. 42[deg]1 73[deg]53
2[min] [min]
Aug. 5, 1843................. 2 ................ Concordville.... PA.............. 39[deg]5 75[deg]32
3[min] [min]
Sept. 10-13, 1878............ 3 OR 9-19......... Jefferson....... OH.............. 41[deg]4 80[deg]46
5[min] [min]
Sept. 20-24, 1882............ 4 NA 1-3.......... Paterson........ NJ.............. 40[deg]5 74[deg]10
5[min] [min]
June 13-17, 1886............. 5 LMV 4-27........ Alexandria...... LA.............. 31[deg]1 92[deg]33
9[min] [min]
June 27-July 11, 1899........ 6 GM 3-4.......... Turnersville.... TX.............. 30[deg]5 96[deg]32
2[min] [min]
Aug. 24-28, 1903............. 7 MR 1-10......... Woodburn........ IA.............. 40[deg]5 93[deg]35
7[min] [min]
Oct. 7-11, 1903.............. 8 GL 4-9.......... Paterson........ NJ.............. 40[deg]5 74[deg]10
5[min] [min]
July 18-23, 1909............. 9 UMV 1-11B....... Ironwood........ MI.............. 46[deg]2 90[deg]11
7[min] [min]
July 18-23, 1909............. 10 UMV 1-11A....... Beaulieu........ MN.............. 47[deg]2 95[deg]48
1[min] [min]
July 22-23, 1911............. 11 ................ Swede Home...... NB.............. 40[deg]2 96[deg]54
2[min] [min]
July 19-24, 1912............. 12 GL 2-29......... Merrill......... WI.............. 45[deg]1 89[deg]41
1[min] [min]
July 13-17, 1916............. 13 SA 2-9.......... Altapass........ NC.............. 35[deg]3 82[deg]01
3[min] [min]
Sept. 8-10, 1921............. 14 GM 4-12......... Taylor.......... TX.............. 30[deg]3 97[deg]18
5[min] [min]
Oct. 4-11, 1924.............. 15 SA 4-20......... New Smyrna...... FL.............. 29[deg]0 80[deg]55
7[min] [min]
Sept. 17-19, 1926............ 16 MR 4-24......... Boyden.......... IA.............. 43[deg]1 96[deg]00
2[min] [min]
Mar. 11-16, 1929............. 17 UMV 2-20........ Elba............ AL.............. 31[deg]2 86[deg]04
5[min] [min]
June 30-July 2, 1932......... 18 GM 5-1.......... State Fish TX.............. 30[deg]0 99[deg]07
Hatchery. 1[min] [min]
Sept. 16-17, 1932............ 19 ................ Ripogenus Dam... ME.............. 45[deg]5 69[deg]09
3[min] [min]
July 22-27, 193.............. 20 LMV 2-26........ Logansport...... LA.............. 31[deg]5 94[deg]00
8[min] [min]
Apr. 3-4 1934................ 21 SW 2-11......... Cheyenne........ OK.............. 35[deg]3 99[deg]40
7[min] [min]
May 30-31, 1935.............. 22 MR 3-28A........ Cherry Creek.... CO.............. 39[deg]1 104[deg]3
3[min] 2[min]
May 31, 1935................. 23 GM 5-20......... Woodward........ TX.............. 29[deg]2 99[deg]28
0[min] [min]
July 6-10, 1935.............. 24 NA 1-27......... Hector.......... NY.............. 42[deg]3 76[deg]53
0[min] [min]
Sept. 2-6, 1935.............. 25 SA 1-26......... Easton.......... MD.............. 38[deg]4 76[deg]01
6[min] [min]
Sept. 14-18, 1936............ 26 GM 5-7.......... Broome.......... TX.............. 31[deg]4 100[deg]5
7[min] 0[min]
June 19-20, 1939............. 27 ................ Snyder.......... TX.............. 32[deg]4 100[deg]5
4[min] 5[min]
July 4-5, 1939............... 28 ................ Simpson......... KY.............. 38[deg]1 83[deg]22
3[min] [min]
Aug. 19, 1939................ 29 NA 2-3.......... Manahawkin...... NJ.............. 39[deg]4 74[deg]16
2[min] [min]
June 3-4, 1940............... 30 MR 4-5.......... Grant Township.. NB.............. 42[deg]0 96[deg]53
1[min] [min]
Aug. 6-9, 1940............... 31 LMV 4-24........ Miller Isl...... LA.............. 29[deg]4 92[deg]10
5[min] [min]
Aug. 10-17, 1940............. 32 SA 5-19A........ Keysville....... VA.............. 37[deg]0 78[deg]30
3[min] [min]
Sept. 1, 1940................ 33 NA 2-4.......... Ewan............ NJ.............. 39[deg]4 75[deg]12
2[min] [min]
Sept. 2-6, 1940.............. 34 SW 2-18......... Hallet.......... OK.............. 36[deg]1 96[deg]36
5[min] [min]
Aug. 28-31, 1941............. 35 UMV 1-22........ Haywood......... WI.............. 46[deg]0 91[deg]28
0[min] [min]
Oct. 17-22, 1941............. 36 SA 5-6.......... Trenton......... FL.............. 29[deg]4 82[deg]57
8[min] [min]
July 17-18, 1942............. 37 OR 9-23......... Smethport....... PA.............. 41[deg]5 78[deg]25
0[min] [min]
Oct. 11-17, 1942............. 38 SA 1-28A........ Big Meadows..... VA.............. 38[deg]3 78[deg]26
1[min] [min]
May 6-12, 1943............... 39 SW 2-20......... Warner.......... OK.............. 35[deg]2 95[deg]18
9[min] [min]
May 12-20, 1943.............. 40 SW 2-21......... Nr. Mounds...... OK.............. 35[deg]5 96[deg]04
2[min] [min]
July 27-29, 1943............. 41 GM 5-21......... Devers.......... TX.............. 30[deg]0 94[deg]35
2[min] [min]
Aug. 4-5, 1943............... 42 OR 3-30......... Nr. Glenville... WV.............. 38[deg]5 80[deg]50
6[min] [min]
June 10-13, 1944............. 43 MR 6-15......... Nr. Stanton..... NB.............. 41[deg]5 97[deg]03
2[min] [min]
Aug. 12-15, 1946............. 44 MR 7-2A......... Cole Camp....... MO.............. 38[deg]4 93[deg]13
0[min] [min]
Aug. 12-16, 1946............. 45 MR 7-2B......... Nr. Collinsville IL.............. 38[deg]4 89[deg]59
0[min] [min]
Sept. 26-27, 1946............ 46 GM 5-24......... Nr. San Antonio. TX.............. 29[deg]2 98[deg]29
0[min] [min]
June 23-24, 1948............. 47 ................ Nr. Del Rio..... TX.............. 29[deg]2 100[deg]3
2[min] 7[min]
Sept. 3-7, 1950.............. 48 SA 5-8.......... Yankeetown...... FL.............. 29[deg]0 82[deg]42
3[min] [min]
June 23-28, 1954............. 49 SW 3-22......... Vic Pierce...... TX.............. 30[deg]2 101[deg]2
2[min] 3[min]
Aug. 17-20, 1955............. 50 NA 2-22A........ Westfield....... MA.............. 42[deg]0 72[deg]45
7[min] [min]
May 15-16, 1957.............. 51 ................ Hennessey....... OK.............. 36[deg]0 97[deg]56
2[min] [min]
June 14-15, 1957............. 52 ................ Nr. E. St. Louis IL.............. 38[deg]3 90[deg]24
7[min] [min]
June 23-24, 1963............. 53 ................ David City...... NB.............. 41[deg]1 97[deg]05
4[min] [min]
June 13-20, 1965............. 54 ................ Holly........... CO.............. 37[deg]4 102[deg]2
3[min] 3[min]
June 24, 1966................ 55 ................ Glenullin....... ND.............. 47[deg]2 101[deg]1
1[min] 9[min]
Aug. 12-13, 1966............. 56 ................ Nr. Greely...... NB.............. 41[deg]3 98[deg]32
3[min] [min]
Sept. 19-24, 1967............ 57 SW 3-24......... Falfurrias...... TX.............. 27[deg]1 98[deg]12
6[min] [min]
July 16-17, 1968............. 58 ................ Waterloo........ IA.............. 42[deg]3 92[deg]19
0[min] [min]
July 4-5, 1969............... 59 ................ Nr. Wooster..... OH.............. 40[deg]5 82[deg]00
0[min] [min]
Aug. 19-20, 1969............. 60 NA 2-3.......... Nr. Tyro........ VA.............. 37[deg]4 79[deg]00
9[min] [min]
June 9, 1972................. 61 ................ Rapid City...... SD.............. 44[deg]1 103[deg]3
2[min] 1[min]
June 19-23, 1972............. 62 ................ Zerbe........... PA.............. 40[deg]3 76[deg]31
7[min] [min]
July 21-22, 1972............. 63 ................ Nr. Cushing..... MN.............. 46[deg]1 94[deg]30
0[min] [min]
Sept. 10-12, 1972............ 64 ................ Harlan.......... IA.............. 41[deg]4 95[deg]15
3[min] [min]
Oct. 10-11, 1973............. 65 ................ Enid............ OK.............. 36[deg]2 97[deg]52
5[min] [min]
----------------------------------------------------------------------------------------------------------------
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Table 2--Storms With Rainfall =50% of PMP, U.S. West of Continental Divide (for 10 mi \2\ 6 Hours or
1,000mi\2\ for One Duration Between 6 and 72 Hours)
----------------------------------------------------------------------------------------------------------------
Storm center Duration
Storm date Index ---------------------------------------- Latitude Longitude for
No. Town State 1,000mi\2\
----------------------------------------------------------------------------------------------------------------
Aug. 11, 1890.................. 1 Palmetto.......... NV................ 37[deg]2 117[deg]4 ..........
7[min] 2[min]
Aug. 12, 1891.................. 2 Campo............. CA................ 32[deg]3 116[deg]2 ..........
6[min] 8[min]
Aug. 28, 1898.................. 3 Ft. Mohave........ AZ................ 35[deg]0 114[deg]3 ..........
3[min] 6[min]
Oct. 4-6, 1911................. 4 Gladstone......... CO................ 37[deg]5 107[deg]3 ..........
3[min] 9[min]
Dec. 29, 1913-Jan. 3, 1914..... 5 .................. CA................ 39[deg]5 121[deg]2 ..........
5[min] 5[min]
Feb. 17-22, 1914............... 6 Colby Ranch....... CA................ 34[deg]1 118[deg]0 ..........
8[min] 7[min]
Feb. 20-25, 1917............... 7 .................. CA................ 37[deg]3 119[deg]3 ..........
5[min] 6[min]
Sept. 13, 1918................. 8 Red Bluff......... CA................ 40[deg]1 122[deg]1 ..........
0[min] 4[min]
Feb. 26-Mar 4, 1938............ 9 .................. CA................ 34[deg]1 117[deg]1 ..........
4[min] 1[min]
Mar. 30-Apr. 2, 1931........... 10 .................. ID................ 46[deg]3 114[deg]5 24
0[min] 0[min]
Feb. 26, 1932.................. 11 Big Four.......... WA................ 48[deg]0 121[deg]3 ..........
5[min] 0[min]
Nov. 21, 1933.................. 12 Tatoosh Is........ WA................ 48[deg]2 124[deg]4 ..........
3[min] 4[min]
Jan. 20-25, 1935............... 13 .................. WA................ 47[deg]3 123[deg]3 6
0[min] 0[min]
Jan. 20-25, 1935............... 14 .................. WA................ 47[deg]0 122[deg]0 72
0[min] 0[min]
Feb. 4-8, 1937................. 15 Cyamaca Dam....... CA................ 33[deg]0 116[deg]3 ..........
0[min] 5[min]
Dec. 9-12, 1937................ 16 .................. CA................ 38[deg]5 122[deg]4 ..........
1[min] 3[min]
Feb. 27-Mar. 4, 1938........... 17 .................. AZ................ 34[deg]5 111[deg]4 12
7[min] 4[min]
Jan. 19-24, 1943............... 18 .................. CA................ 37[deg]3 119[deg]2 18
5[min] 5[min]
Jan. 19-24, 1943............... 19 Hoegee's Camp..... CA................ 34[deg]1 118[deg]0 ..........
3[min] 2[min]
Jan. 30-Feb. 3, 1945........... 20 .................. CA................ 37[deg]3 119[deg]3 ..........
5[min] 0[min]
Dec. 27, 1945.................. 21 Mt. Tamalpias..... CA................ 37[deg]5 122[deg]3 ..........
4[min] 4[min]
Nov. 13-21, 1950............... 22 .................. CA................ 36[deg]3 118[deg]3 24
0[min] 0[min]
Aug. 25-30, 1951............... 23 .................. AZ................ 34[deg]0 112[deg]2 72
7[min] 1[min]
July 19, 1955.................. 24 Chiatovich Flat... CA................ 37[deg]4 118[deg]1 ..........
4[min] 5[min]
Aug. 16, 1958.................. 25 Morgan............ UT................ 41[deg]0 111[deg]3 ..........
3[min] 8[min]
Sept. 18, 1959................. 26 Newton............ CA................ 40[deg]2 122[deg]1 ..........
2[min] 2[min]
June 7-8, 1964................. 27 Nyack Ck.......... MT................ 48[deg]3 113[deg]3 12
0[min] 8[min]
Sept. 3-7, 1970................ 28 .................. UT................ 37[deg]3 109[deg]0 6
8[min] 4[min]
Sept. 3-7, 1970................ 29 .................. AZ................ 33[deg]4 110[deg]5 6
9[min] 6[min]
June 7, 1972................... 30 Bakersfield....... CA................ 35[deg]2 119[deg]0 ..........
5[min] 3[min]
Dec. 9-12, 1937................ 31 .................. CA................ 39[deg]4 121[deg]3 48
5[min] 0[min]
----------------------------------------------------------------------------------------------------------------
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Appendix D to Sec. 222.6--Recommended Guidelines for Safety Inspection
of Dams
Department of the Army--Office of the Chief of Engineers
Preface
The recommended guidelines for the safety inspection of dams were
prepared to outline principal factors to be weighed in the determination
of existingor potential hazards and to define the scope of activities to
be undertaken in the safety inspection of dams. The establishment of
rigid criteria orstandards is not intended. Safety must be evaluated in
the light of peculiarities and local conditions at a particular dam and
in recognition of the manyfactors involved, some of which may not be
precisely known. This can only be done by competent, experienced
engineering judgment, which the guidelines areintended to supplement and
not supplant. The guidelines are intended to be flexible, and the proper
flexibility must be achieved through the employment ofexperienced
engineering personnel.
Conditions found during the investigation which do not meet
guideline recommendations should be assessed by the investigator as to
their import fromthe standpoint of the involved degree of risk. Many
deviations will not compromise project safety and the investigator is
expected to identify them in thismanner if that is the case. Others will
involve various degrees of risk, the proper evaluation of which will
afford a basis for priority of subsequentattention and possible remedial
action.
The guidelines present procedures for investigating and evaluating
existing conditions for the purpose of identifying deficiencies and
hazardousconditions. The two phases of investigation outlined in the
guidelines are expected to accomplish only this and do not encompass in
scope the engineeringwhich will be required to perform the design
studies for corrective modification work.
It is recognized that some States may have established or will adopt
inspection criteria incongruous in some respects with these guidelines.
In suchinstances assessments of project safety should recognize the
State's requirements as well as guideline recommendations.
The guidelines were developed with the help of several Federal
agencies and many State agencies, professional engineering
organizations, and privateengineers. In reviewing two drafts of the
guidelines they have contributed many helpful suggestions. Their
contributions are deeply appreciated and havemade it possible to evolve
a document representing a consensus of the engineering fraternity. As
experience is gained with use of the guidelines,suggestions for future
revisions will be generated. All such suggestions should be directed to
the Chief of Engineers, U.S. Army, DAEN-CWE-D, Washington,D.C. 20314.
Recommended Guidelines for Safety Inspection of Dams
Table of Contents
Preface
Chapter 1--Introduction
Para.
1.1 Purpose.
1.2 Applicability.
1.3 Authority.
Chapter 2--General Requirements
2.1 Classification of dams.
2.1.1 Size.
2.1.2 Hazard potential.
2.2 Selection of dams to be investigated.
2.3 Technical investigations.
2.4 Qualifications of investigators.
2.5 Reports.
Chapter 3--Phase I Investigation
3.1 Purpose.
3.2 Scope.
3.3 Engineering data.
3.4 Field inspections.
3.5 Evaluation of hydraulic and hydrologic features.
3.5.1 Design data.
3.5.2 Experience data.
3.6 Evaluation of structural stability.
3.6.1 Design and construction data.
3.6.2 Operating records.
3.6.3 Post contruction changes.
3.6.4 Seismic stability.
Chapter 4--Phase II Investigation
4.1 Purpose.
4.2 Scope.
4.3 Hydraulic and hydrologic analysis.
4.3.1 Maximum water surface based on SDF peak inflow.
4.3.1.1 Peak for 100-year flood.
4.3.1.2 Peak for PMF or fraction thereof.
4.3.2 Maximum water surface based on SDF hydrograph.
4.3.3 Acceptable procedures.
4.3.4 Freeboard allowances.
4.4 Stability investigations.
4.4.1 Foundation and material investigations.
4.4.2 Stability assessment.
4.4.2.1 Seismic stability.
4.4.2.2 Clay shale foundation.
4.4.3 Embankment dams.
4.4.3.1 Liquefaction.
4.4.3.2 Shear failure.
4.4.3.3 Loading conditions.
4.4.3.4 Safety factors.
4.4.3.5 Seepage failure.
4.4.3.6 Seepage analyses.
[[Page 286]]
4.4.4 Concrete dams and appurtenant structures.
4.4.4.1 Requirements for stability.
4.4.4.2 Loads.
4.4.4.3 Stresses.
4.4.4.4 Overturning.
4.4.4.5 Sliding.
4.4.4.5.1 Sliding resistance.
4.4.4.5.2 Downstream resistance.
4.4.4.5.3 Safety factor.
Chapter 5--Reports
5.1 General.
5.2 Preparation of report.
5.2.1 Phase I reports.
5.2.2 Phase II reports.
Tables
Table
1 Size classification.
2 Hazard potential classification.
3 Hydrologic evaluation guidelines.
4 Factors of safety (embankment dams).
Figures
Fig.
1 Seismic zone map of contiguous States.
2 Seismic zone map of California, Nevada and Arizona.
3 Seismic zone map of Alaska.
4 Seismic zone map of Hawaii.
5 Design envelope for Case I (Table 4).
6 Design envelope for Cases II and III (Table 4).
Appendixes
Appendix I to App. D--Engineering data
Appendix II to App. D--Inspection items
Appendix III to App. D--Pub. L. 92-367
Chapter 1--Introduction
1.1. Purpose. This document provides recommended guidelines for the
inspection and evaluation of dams to determine if they constitute
hazards tohuman life or property.
1.2. Applicability. The procedures and guidelines outlined in this
document apply to the inspection and evaluation of all dams as defined
in theNational Dam Inspection Act, Public Law 92-367. Included in this
program are all artificial barriers together with appurtenant works
which impoundor divert water and which (1) are twenty-five feet or more
in height or (2) have an impounding capacity of fifty acre-feet or more.
Not included arebarriers which are six feet or less in height,
regardless of storage capacity, or barriers which have a storage
capacity at maximum water storage elevationof fifteen acre-feet or less
regardless of height.
1.3. Authority. The Dam Inspection Act, Public Law 92-367 (Appendix
III), authorized the Secretary of the Army, through the Corps
ofEngineers, to initiate a program of safety inspection of dams
throughout the United States. The Chief of Engineers issues these
guidelines pursuant to thatauthority.
Chapter 2--General Requirements
2.1. Classification of dams. Dams should be classified in accordance
with size and hazard potential in order to formulate a priority basis
forselecting dams to be included in the inspection program and also to
provide compatibility between guideline requirements and involved risks.
When possiblethe initial classifications should be based upon
information listed in the National Inventory of Dams with respect to
size, impoundment capacity and hazardpotential. It may be necessary to
reclassify dams when additional information becomes available.
2.1.1. Size. The classification for size based on the height of the
dam and storage capacity should be in accordance with Table 1. The
height ofthe dam is established with respect to the maximum storage
potential measured from the natural bed of the stream or watercourse at
the downstream toe ofthe barrier, or if it is not across a stream or
watercourse, the height from the lowest elevation of the outside limit
of the barrier, to the maximum waterstorage elevation. For the purpose
of determining project size, the maximum storage elevation may be
considered equal to the top of dam elevation. Sizeclassification may be
determined by either storage or height, whichever gives the larger size
category.
Table 1--Size Classification
------------------------------------------------------------------------
Impoundment
Category ---------------------------------------
Storage (ac-ft) Height (ft)
------------------------------------------------------------------------
Small........................... <1,000 and =50. eq>=25.
Intermediate.................... =1,000 =40 and
and <50,000. <100.
Large...........................