§ 203.92 - Procedures.

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

(b) Inspection procedure. A Rating Guide will be used to establish performance levels for non-Federal levees to be included in the Corps rehabilitation program. This guide will be provided to all non-Federal levee sponsors for their use in maintaining or upgrading their projects as required to remain eligible for the Corps rehabilitation program. (A copy of the Rating Guide will be provided to sponsors by the Corps District in their area.) The inspection will identify all areas where work is required to upgrade the levee to an acceptable performance level, and specify an appropriate time period to sponsors in which to accomplish the work. If a levee sponsor fails to comply with identified requirements, notification will be provided that the levee is not eligible for consideration for rehabilitation under Pub. L. 84-99 until the Corps is advised that the work is completed. No further inspections will be made of a levee that is ineligible until the sponsor provides notification by letter indicating that noted deficiencies have been corrected.

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