Corps of Engineers, Dept. of the Army, DoD § 208.11 of ice or debris. Large objects which be- storage allocated for such purposes and come lodged against the bank shall be provided on the basis of flood control removed. The improved channel or and navigation, except projects owned floodway shall be thoroughly inspected and operated by the Corps of Engi- immediately following each major high neers; the International Boundary and water period. As soon as practicable Water Commission, United States and thereafter, all snags and other debris Mexico; and those under the jurisdic- shall be removed and all damage to tion of the International Joint Com- banks, riprap, deflection dikes and mission, United States, and Canada, walls, drainage outlets, or other flood and the Columbia River Treaty. The in- control structures repaired. tent of this regulation is to establish (h) Miscellaneous facilitiesÐ(1) Mainte- an understanding between project own- nance. Miscellaneous structures and fa- ers, operating agencies, and the Corps cilities constructed as a part of the of Engineers. protective works and other structures (b) Responsibilities. The basic respon- and facilities which function as a part sibilities of the Corps of Engineers re- of, or affect the efficient functioning of garding project operation are set out in the protective works, shall be periodi- the cited authority and described in cally inspected by the Superintendent the following paragraphs: and appropriate maintenance measures (1) Section 7 of the Flood Control Act taken. Damaged or unserviceable parts of 1944 (58 Stat. 890, 33 U.S.C. 709) di- shall be repaired or replaced without rects the Secretary of the Army to pre- delay. Areas used for ponding in con- scribe regulations for flood control and nection with pumping plants or for navigation in the following manner: temporary storage of interior run-off Hereafter, it shall be the duty of the Sec- during flood periods shall not be al- retary of War to prescribe regulations for the lowed to become filled with silt, debris, use of storage allocated for flood control or or dumped material. The Super- navigation at all reservoirs constructed intendent shall take proper steps to wholly or in part with Federal funds pro- prevent restriction of bridge openings vided on the basis of such purposes, and the operation of any such project shall be in ac- and, where practicable, shall provide cordance with such regulations: Provided, for temporary raising during floods of That this section shall not apply to the Ten- bridges which restrict channel capac- nessee Valley Authority, except that in case ities during high flows. of danger from floods on the lower Ohio and (2) Operation. Miscellaneous facilities Mississippi Rivers the Tennessee Valley Au- shall be operated to prevent or reduce thority is directed to regulate the release of flooding during periods of high water. water from the Tennessee River into the Those facilities constructed as a part Ohio River in accordance with such instruc- tions as may be issued by the War Depart- of the protective works shall not be ment. used for purposes other than flood pro- tection without approval of the Dis- (2) Section 9 of Public Law 436±83d trict Engineer unless designed therefor. Congress (68 Stat. 303) provides for the development of the Coosa River, Ala- (Sec. 3, 49 Stat. 1571, as amended; 33 U.S.C. bama and Georgia, and directs the Sec- 701c) retary of the Army to prescribe rules [9 FR 9999, Aug. 17, 1944; 9 FR 10203, Aug. 22, and regulations for project operation in 1944] the interest of flood control and navi- gation as follows: § 208.11 Regulations for use of storage allocated for flood control or navi- The operation and maintenance of the gation and/or project operation at dams shall be subject to reasonable rules and reservoirs subject to prescription of regulations of the Secretary of the Army in rules and regulations by the Sec- the interest of flood control and navigation. retary of the Army in the interest of NOTE: This Regulation will also be applica- flood control and navigation. ble to dam and reservoir projects operated (a) Purpose. This regulation pre- under provisions of future legislative acts wherein the Secretary of the Army is di- scribes the responsibilities and general rected to prescribe rules and regulations in procedures for regulating reservoir the interest of flood control and navigation. projects capable of regulation for flood The Chief of Engineers, U.S. Army Corps of control or navigation and the use of Engineers, is designated the duly authorized 101 VerDate 18<JUN>99 01:48 Aug 12, 1999 Jkt 183125 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Y:\SGML\183125T.XXX pfrm02 PsN: 183125T § 208.11 33 CFR Ch. II (7±1±99 Edition) representative of the Secretary of the Army navigable waters of the United States shall to exercise the authority set out in the Con- be issued until the plans of the dam or other gressional Acts. This Regulation will nor- structures affecting navigation have been ap- mally be implemented by letters of under- proved by the Chief of Engineers and the standing between the Corps of Engineers and Secretary of the Army. project owner and will incorporate the provi- sions of such letters of understanding prior (B) Sections 10(a) and 10(c) of the to the time construction renders the project Federal Power Act specify conditions capable of significant impoundment of of project licenses including the fol- water. A water control agreement signed by lowing: both parties will follow when deliberate im- (1) Section 10(a). ``That the project poundment first begins or at such time as adopted * * * shall be such as in the the responsibilities of any Corps-owned judgment of the Commission will be projects may be transferred to another enti- best adapted to a comprehensive plan ty. Promulgation of this Regulation for a given project will occur at such time as the for improving or developing a water- name of the project appears in the FEDERAL way or waterways for the use or benefit REGISTER in accordance with the require- of interstate or foreign commerce, for ments of paragraph 6k. When agreement on a the improvement and utilization of wa- water control plan cannot be reached be- terpower development, and for other tween the Corps and the project owner after beneficial public uses * * *.'' coordination with all interested parties, the (2) Section 10(c). ``That the licensee project name will be entered in the FEDERAL shall * * * so maintain and operate REGISTER and the Corps of Engineers plan said works as not to impair navigation, will be the official water control plan until such time as differences can be resolved. and shall conform to such rules and (3) Federal Energy Regulatory Com- regulations as the Commission may mission (FERC), formerly Federal from time to time prescribe for the Power Commission (FPC), Licenses. protection of life, health, and property (i) Responsibilities of the Secretary * * *.'' of the Army and/or the Chief of Engi- (C) Section 18 of the Federal Power neers in FERC licensing actions are set Act directs the operation of any navi- forth in reference 3c above and perti- gation facilities built under the provi- nent sections are cited herein. The sion of that Act, be controlled by rules Commission may further stipulate as a and regulations prescribed by the Sec- licensing condition, that a licensee retary of the Army as follows: enter into an agreement with the De- The operation of any navigation facilities partment of the Army providing for op- which may be constructed as part of or in eration of the project during flood connection with any dam or diversion struc- times, in accordance with rules and ture built under the provisions of this Act, whether at the expense of a licensee here- regulations prescribed by the Secretary under or of the United States, shall at all of the Army. times be controlled by such reasonable rules (A) Section 4(e) of the Federal Power and regulations in the interest of navigation; Act requires approval by the Chief of including the control of the pool caused by Engineers and the Secretary of the such dam or diversion structure as may be Army of plans of dams or other struc- made from time to time by the Secretary of tures affecting the navigable capacity the Army, * * *. of any navigable waters of the United (ii) Federal Power Commission Order States, prior to issuance of a license by No. 540 issued October 31, 1975, and pub- the Commission as follows: lished November 7, 1975 (40 FR 51998), The Commission is hereby authorized and amending § 2.9 of the Commission's empowered to issue licenses to citizens * * * General Policy and Interpretations pre- for the purpose of constructing, operating scribed Standardized Conditions and maintaining dams, water conduits, res- (Forms) for Inclusion in Preliminary ervoirs, powerhouses, transmission lines, or Permits and Licenses Issued Under other project works necessary or convenient part I of the Federal Power Act. As an for the development and improvement of example, Article 12 of Standard Form navigation and for the development, trans- L±3, titled: ``Terms and Conditions of mission, and utilization of power across, along, from or in any of the streams or other License for Constructed Major Projects bodies of water over which Congress has ju- Affecting Navigable Waters of the risdiction * * * Provided further, That no li- United States,'' sets forth the Commis- cense affecting the navigable capacity of any sion's interpretation of appropriate 102 VerDate 18<JUN>99 01:48 Aug 12, 1999 Jkt 183125 PO 00000 Frm 00102 Fmt 8010 Sfmt 8010 Y:\SGML\183125T.XXX pfrm02 PsN: 183125T Corps of Engineers, Dept.