§ 263.22 - Authority for snagging and clearing for navigation (Section 3).

§ 263.22 Authority for snagging and clearing for navigation (Section 3).

(a) Legislative authority. Section 3 of the River and Harbor Act approved 2 March 1945, states:

The Secretary of the Army is hereby authorized to allot not to exceed $300,000 from any appropriations made prior to or after March 2, 1945, for any one fiscal year for improvement of rivers and harbors, for removing accumulated snags and other debris, and for protection, clearing and straightening channels in navigable harbors and navigable streams and tributaries thereof, when in the opinion of the Chief of Engineers such work is advisable in the interest of navigation or flood control.

(b) Policy -

(1) Eligible work. It is the policy of the Chief of Engineers to utilize this authority primarily for emergency work to benefit navigation. Work pursuant to this authority is undertaken as an emergency measure to clear or remove unreasonable obstructions to navigation in navigable portions of rivers, harbors and other waterways of the United States, or tributaries thereof, in order to provide existing traffic with immediate and significant benefit. When recurring maintenance work will be required to secure enduring benefits from the initial work, local interests should be informed that they will have to bear the costs of such recurring maintenance until such time as maintenance at that location may become part of a project specifically authorized by Congress and subsequently funded.

(2) Ineligible work. In addition to the ineligible work listed in para 5 of the basic regulation, the following work is also ineligible under this authority:

(i) Normal shoaling process. When the condition for which the remedial work is requested resulted from the normal shoaling process associated with that particular reach of waterway and not from a sudden occurrence.

(ii) Work within the limits of authorized projects. This restriction applies where authorized new work remains to be accomplished unless an emergency results from aggravated conditions arising subsequent to the authorization of the project. In that event, corrective measures will be limited to restoration of conditions existing at the time of such authorization.

(iii) General widening or deepening. No general widening or deepening will be accomplished to meet the desires of navigation interests to use larger vessels.

(c) Local cooperation. Local cooperation requirements for projects under the Section 3 authority are those normally recommended for similar work authorized by Congress.