things, a particular proposal will be required to quantify and explain in sufficient detail why a Level B scope rather than another type of study, such as a Level C, is necessary.

Designations by the Governors under section 208 (Pub. L. 92-500) as well as other sources of recommendations, particularly from the River Basin Commissions, will be considered in the selection of the initial five to seven study areas for which PTS will be developed under the new approach. In accordance with published EPA guidelines and AWTM planning under section 208, the Governors have until the middle of March 1974 to designate the high priority areas. However, many tentative designations of high priority areas are already on hand, as reported last year. The Governors have indicated considerable interest in the 209 program by their responses to recent letters notifying them that the Council is accepting proposals from them for Level B planning in connection with the formulation of the FY 1976 budget request.

It is anticipated that the five to seven study areas for which the initial set of PTS will be developed will be identified and approved by the Council shortly after April 1, 1974. After identification of the initial five to seven study areas, compact study teams in the field, composed of a limited number of Federal and non-Federal representatives, will evolve the PTS for those areas through firmly coordinated efforts, including consultations with many relevant interests, under the River Commissions and the Council. These teams will be required to do considerable "homework" on the studies by thorough review and best use of the large amount of relevant information and material now presumed to be available in each study area. Conflicts of interest and major problems will be highlighted for each area of study. In preparing the PTS, commitments will be sought-and made whenever practicable-from all proposed study participants, particularly from the proposed nonFederal partners on estimates of manpower and funding requirements. In comparative evaluations of the PTS that are evolved, lack of or wea, commitments in a particular study area will weigh heavily against that area in preparing followup recoinmendations for the authorizations and actual conduct of Level B studies. The experience gained from the efforts of improving processes and results of the ongoing Level B studies and from evolving the initial set of five to seven PTS will be of great value and will be utilized in formulating the Level B (section 209) Planning Program for Fiscal Year 1976.

The firm, Wendell Associates, Consultants on Governmental Affairs, was employed in late 1973 to provide advice concerning the

activities

Council's responsibilities and under section 209 and the interrelationships with and among the several other current and pending statutes and programs that require or relate to water and land resources planning.

The consultants concluded that ".. even if the land use planning programs contemplated by pending legislation can get underway within the next year or two, the first usable results from them cannot be available until 1980 or thereafter*** Accordingly, the Water Resources Council, both through its specific charge under section 209 of the FWPCA to produce basin plans by 1980, and more broadly through its statutory mandate under the Water Resources Planning Act, is the only agency equipped and directed to coordinate the planning required under the many farreaching programs of the several agencies which involve or affect water resources. The accomplishment of this task will not detract from the pcrformance of their separate missions by each Federal agency. Instead it should enhance the planning activities under each such program by providing a common basis pursuant to which the work of each agency will be effective. In the absence of the coordination which the Water Resources Council must give, the end product of specific planning programs could be made impossible of realization for lack of the resources which a particular plan presumes to be available, or because incompatible action has already been taken under a plan that was developed on other premises." In their report the consultants made the following recommendations:

In order to perform its statutory responsiIbilities of coordination and to assist in avoiding the conflicts and waste which could otherwise result, the Water Resources Council should proceed as soon as possible to identify the interrelationships and points of contact among water and other resources planning processes and requirements and among water and other resources plans and programs. It should analyze these interrelationships. Then it should proceed to develop guidelines, principles and standards by which the several agencies can prosecute their planning activities in a coordinated fashion. In addition, the Water Resources Council itself will have need of these same guidelines, principles and standards in the basin planning authorized by section 209 of the Water Pollution Control Act.

In this connection, considerable work has been done or is underway. Additional use will be made during calendar 1974 of consultant services to delineate more clearly program responsibilities and interrelationships as a basis for improving section 209 program guidance and execution.

Csoramation I he Phase I XM and IS with States, regional ofces : Federal agencies, or the public 135 reveried sues which cannot be solved 27 he district or civision enHeer

1. The Report of the Board of Engineers the Report of the Chief of Engiteers or the transmittal letter of the Secretary of the Army raised issues the

ch "soured resolution Phase I stage or advance engineering and design, and the resolution of these sues as not subsequently been apcroved by the Chier of Engineers.

* A preauthorization report for the crotect was not reviewed at the Washngton level for transmitted to Congress by the Secretary of the Army.

The Phase IGDM has been comcined with the Phase II GÐM. 3257.5 Conditions for Approval of a Phrase i GDM.

The division engineer shall meet all of the following conditions prior to aproving a Phase I GDM:

a) Checkpoint conference shall be held in accordance with ER 1105-2-10.

(b) If an EIS, or a supplement to a previous EIS. has been prepared, requirements of Part 209-410 of this chapter for coordination and filing with CEQ shall be met. The division engineer's approval shall not precede the end of the 30-day waiting period following FEDERAL REGISTEK publication of the notice of availability of the EIS.

(c) If the Phase I GDM includes post-authorization changes for which an information summary must be submitted to Office of Management and Budget (OMB), the division engineer's approval shall not precede notification from OCE that OMB has no objection. Notification will be made by DAENCWP.

(d) The recommended plan of improvement shall be feasible based on applicable economic, engineering, environmental, and social evaluation crite

ria.

(e) Engineering investigations and resolution of design problems shall be determined by the division engineer to be compatible with the stage of project development.

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

Subpart C-Flood Control Policy

263.23 Small flood control project authority (Section 205).

263.24 Authority for snagging and clearing for flood control (Section 208). 263.25 Authority for emergency streambank and shoreline protection of public works and nonprofit public services (Section 14).

Subpart D-Shore Protection Policy

263.26 Small beach erosion control project authority (Section 103).

263.27 Authority for mitigation of shore damage attributable to navigation works (Section 111).

Appendix A-History of program and project limitations continuing authorities program.

Appendix B-Application of Multiobjective Planning Framework to Continuing Authorities Program.

AUTHORITY: See § 263.13.

SOURCE: 40 FR 51134, Nov. 3, 1975, unless otherwise noted.

Subpart A-General

§ 263.10 Purpose.

This regulation provides policies and procedures for seven legislative authorities under which the Secretary of the Army, acting through the Chief of Engineers, is authorized to plan, design and construct certain types of water resource improvements without specific Congressional authorization.

§ 263.11 Applicability and effective date.

This regulation is applicable to all OCE elements and all field operating agencies having Civil Works responsibilities. This regulation is effective December 1, 1975, as published in the FEDERAL REGISTER on November 3, 1975 and codified as 33 CFR Part 263. The provisions of this regulation are fully applicable to studies commenced and projects initiated after the effective date. For studies underway on the effective date, reporting and approving officers shall fully consider the requirements of this regulation and shall take those actions as necessary

River and Harbor Act of 1945 (33 USC 603a).

(f) Small Beach Erosion Control Project Authority. Section 103, River and Harbor Act of 1962, as amended (33 U.S.C. 426g).

(g) Authority for Mitigation of Shore Damages Attributable to Navigation Projects. Section 111, River and Harbor Act of 1968 (33 U.S.C. 4261).

§ 263.14 Program eligibility requirements. Work funded under this Program must meet the requirements of Federal interest and Corps responsibility set forth in one of the legislative authorities referenced in § 263.13. Any project recommended must be justified under established Federal planning criteria, must be complete in itself and must not obligate the Federal government to future work except for those cases in which maintenance by the Federal government is provided by applicable provisions of general law. Eligibility is not permitted for the following:

(a) Projects Specifically Authorized by Congress. The Program will not be used to implement any portion of a project specifically amhorized by Congress. including postauthorization changes to such projects. However, once a project has been completed to the full extent permitted by its Congressional authorization, this Program could be wized to provide for a new, complete-in-itset improvement which will meg impair or substantially change the purposes of the specifically auZorzzed project..

Basting Non-Fateral ResponsiMiz This Program may not be utiized for a zrnject that would effect Julify or change an existing condition of non-Federsi responsibility required År I FEEL specificsily authorized by Congress, whether constriked or not. Suen changes would require Congressumal com.

Operacion and Wintenance of Non-Federal Projects This Program MAY NOT JE 1884 (or köpcon If a nonFevers Arner in Sicure mante tance si Federsi ispense.

must be designated as the primary purpose of the project for allocation of Program funds and for determining legislative funding limitations. However, other authorized project purposes are not precluded to meet related needs as determined appropriate by the Chief of Engineers. The cost lijitation of Corps participation for the designated authority will prevail regardless of the number of project purposes served. Normally, only one authority will be used for each study accomplished and each project recommended. Certain authorizations specify individual project allotment ceilings "from the appropriations for any one fiscal year." It is the intent of Congress that such specified amount be the maximum limit for Corps of Engineers expenditures at each location or individual project undertaken, without regard to time.

(b) Applicability of Costs to Federal and Non-Federal Shares. Unless otherwise specified in a legislative authority (§ 263.13), cost sharing policies applicable to Congressionally authorized projects are applicable to projects recommended under this Program. Any legislative limitation on Corps participation in project costs, however, takes precedence over the apportionment of costs resulting from established cost sharing policies.

(1) Project First Costs. Project first costs include all Corps of Engineers costs for investigations, design, and construction (including costs of supervision and administration) incurred subsequent to the Division Engineer's transmittal of a Detailed Project Report or Recon Report to OCE for approval. These costs are normally those related to preparation of plans and specifications and project construction.

(2) Federal Cost Limitation. All Corps of Engineers costs of investigations, planning, design and construction, to include those incurred prior to transmittal of the DPR or Recon Report to OCE for approval are to be included within the cost limitation established by Congress for a particular Program authority. Expenditures of other Federal agencies under their

own authorities are not to be included within this cost limitation.

(3) Costs for Economic Analysis. Costs to be considered as a part of the economic analysis (i.e., determination of a benefit-cost ratio), are the same as those considered in feasibility reports transmitted to Congress for authorization. In this regard, all costs incurred prior to the Division Engineer's transmittal of the Detailed Project or Recon Report to OCE for approval are considered "preauthorization study costs" and are excluded from the economic analysis.

(4) Use of Federal Funds to Satisfy Local Cooperation Requirements. Where the law requires that lands, easements and rights-of-way be furnished by local interests "without cost to the United States", direct contributions of other Federal agencies may not be accepted by local interests to satisfy such local cooperation requirements once local interests have furnished a letter of intent (see § 263.17(e)(5)) to the reporting officer.

(5) Non-Federal Costs. Local interests must agree to assume responsibility for designated items of local cooperation and for all project costs in excess of the specified Corps cost limitation, or as otherwise apportioned, to insure that expenditure of Corps funds will result in a project that is integrally complete and fully effective. If the project cost exceeds the Corps cost limit, the difference is provided by local cash contributions. Local participation requirements will not be reduced, offset, or otherwise credited for local expenditures prior to the approval of a project by the Chief of Engineers. The scope of the project may be increased, including the addition of project purposes, if local interests are willing to pay the additional costs.

(c) The Planning Process. Planning will be conducted generally in accordance with the 1105-2-200 series of planning regulations, adapted to this Program, as discussed in paragraphs (c)(1) through (c)(3) of this section and in Appendix B.

(1) Stage 1-Reconnaissance. The reporting officer is delegated the authority to conduct a Reconnaissance (Recon) upon the request of a non