Pub. L. 84-99, 69 Stat. 186; 33 U.S.C. 701n.
This regulation prescribes administrative policies, guidance, and operating procedures for natural disaster activities of the Corps of Engineers.
Flood and coastal storm emergencies (33 U.S.C. 701n (69 Stat. 186) (Pub. L. 84-99). An emergency fund is authorized to be expended at the discretion of the Chief of Engineers for: flood emergency preparation; flood fighting and rescue operations; repair or restoration of flood control works threatened, damaged, or destroyed by flood; emergency protection of federally authorized hurricane or shore protection projects damaged or destroyed by wind, wave, or water of other than an ordinary nature. The law, as amended, includes provision of emergency supplies of clean water when a contaiminated source threatens the public health and welfare of a locality and activites necessary to protect life and improved property from a threat resulting from a major flood or coastal storm. The law, as amended, authorizes the Secretary of the Army to construct wells and to transport water within areas he determines to be drought-distressed.
Non-Federal interests, which include State, County and local governments, are required to make full use of their own resources before Federal assistance is furnished. The National Guard, as part of the State's resources, must be fully utilized as part of the non-Federal response when it is under State control. Non-Federal responsibilities include the following:
(a)
(b)
(c)
(d)
(e)
(a)
(b)
(c)
This authority applies to flood response and post flood response activities. Flood response activities include flood fighting, rescue operations, and
(a)
(b)
During or immediately following a flood or coastal storm, emergency operations may be undertaken by the Corps to supplement state and local activities. Corps assistance is limited to the preservation of life and improved property, i.e., residential/commercial developments and public facilities/services. Direct assistance to individual homeowners or businesses is not permitted. Assistance will be temporary, meet the immediate threat, and is not intended to provide permanent solutions. All Corps activities will be coordinated with the State Office of Emergency Services or equivalent. Reimbursement of state or local emergency costs is not authorized. The assurances required for the provision of Corps assistance apply only to the work performed under Pub. L. 84-99 and will not prevent state or local governments from receiving other Federal assistance.
(a)
(b)
(c)
(a)
(i) All flood control projects.
(ii) Federally authorized and constructed hurricane flood protection projects.
(iii) Federally authorized and constructed beach erosion control projects.
(2) Modification of works to increase the degree of protection, or to provide protection to a larger area, is beyond the scope of Pub. L. 84-99. Such major modifications are normally accomplished under Congressional authorization and appropriation, or under special continuing authorities of the Corps. Modifications to increase the reliability of the existing protection must meet the criteria established in this subpart to be eligible for funding under Pub. L. 84-99.
(b) [Reserved]
(a)
(b)
(c)
(d)
At the earliest opportunity, the project sponsor will be informed of any work which must be accomplished at non-Federal cost. This includes costs to correct maintenance deficiencies and/or any modifications which are necessary to preserve the integrity of the project but are beyond those authorized under Pub. L. 84-99.
(a)
(b)
(c)
(d)
(2) Modifications designed to provide an increased degree of flood protection or to provide protection to additional area, are not authorized.
(e)
(a)
(b)
(2) Eligibility for assistance will be based on one or more of the following factors:
(i) The maximum contaminant levels established under the Safe Drinking Water Act are exceeded.
(ii) The water supply has been identified as a source of illness by a State or Federal public health official (the specific contaminant does not have to be identified).
(3) The assistance will be directed toward provision of drinking only water. The quantity of water and the means of distribution will be at the discretion of the responsible Corps official, who will consider both the needs of the individual situation and the cost effectiveness of providing various quantities of water.
(4) If a locality has multiple sources of water, assistance will be furnished only to the extent that the remaining sources, plus reasonable conservation measures, cannot provide adequate 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 the furnishing of water for drinking by employees and on-site customers. Also, water for preparing retail meals and similar personal needs may be provided to the extent it would be furnished to individuals.
(7) The permanent restoration of safe drinking water supplies is the responsibility of local interests.
(8) Corps assistance is limited to 30 days. Extension of this period requires a formal agreement between the State and the Corps, covering specified services and providing a firm schedule for local interests to provide normal supplies.
(9) State and local governments must make full use of their own resources, including National Guard capabilities.
(10) Requests for assistance must be signed by the Governor of the State. For Indian tribal lands, the Bureau of Indian Affairs will normally request assistance.
(c)
(a)
(b)
(2) Before Corps assistance is considered under Pub. L. 95-51, the applicability of other Federal assistance authorities should be evaluated. If these programs cannot provide the needed assistance, then maximum coordination should be made with appropriate agencies in implementing Corps assistance.
(3) An analysis will be made of costs of the proposed work and of any reasonable alternatives.
(c)
(2)
(3)
(4)
(5)
(6)
(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,
(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)
(d)
(i) It is in response to a written request by a farmer, rancher or political subdivision for construction of a well under Pub. L. 95-51.
(ii) The applicant is located within an area which has been determined by the Secretary of the Army 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, the well could not be constructed by a private business 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 to the 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 deems appropriate.
(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 prior to 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. Federally-owned well drilling equipment can only be used when commercial firms cannot provide comparable service within the time needed to prevent the applicant from suffering increased hardships from the effects of an inadequate water supply. Use of equipment owned by non-Federal interests would only be appropriate in the unusual circumstance when both of the above conditions can be met.
(e)
(i) It is in response to a written request by a farmer, rancher or political subdivision for transportation of water under Pub. L. 95-51.
(ii) The applicant is located within an area which has been determined by the Secretary of the Army 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 human and livestock consumption and water cannot be obtained by the applicant.
(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 and livestock consumption. It will not be provided in connection with water needed for irrigation, recreation or other non-life supporting purposes.
(4) Corps assistance will not include the purchase of water nor the cost of loading or discharging the water into or from Government conveyance.
(5) Equipment owned by the United States will be utilized to the maximum extent possible in exercising the authority to transport water.
(f)
“Advance Measures” consists of those activities performed prior to flooding or flood fight to protect against loss of life and damages to improved property from flooding. Emergency work under this authority will be considered when requested by the Governor of a State confronted with an immediate threat of unusual flooding. Corps assistance will be to complement
(a)
(b)
(1) Describe the local and State efforts undertaken. Verify that all 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.
(c)
(d)
(e)
(a)
(1) Legal subdivision of a state or a state government.
(2) Local unit of government.
(3) Qualified Indian tribe or tribal organization.
(4) State chartered organization, such as a levee board.
(b)
It is the Corp's policy that authorization of a project will, insofar as feasible, require local interests to furnish items of local cooperation similar to those set forth for flood control project construction in section 3 of the 1936 Flood Control Act Pub. L. 74-738 (33 U.S.C. 701c). These requirements are that local interests (a) provide without cost to the United States all lands, easements, and rights-of-way necessary for the authorized work; (b) 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; (c) maintain and operate, in a manner satisfactory to the Chief of Engineers, all the works after completion. When assistance includes the construction of temporary protective works, the maintain and operate clause is modified by adding (or substituting, as applicable) the requirement for local interests to remove any temporary works constructed by the Corps under Pub. L. 84-99.
(a)
(b)
(c)
(d)
(e)
(f)
(a)
(b)
(c)
(d)
(e)
(f)
In addition to the standard requirements of local cooperation and according to the circumstances, local participation in project work may be in the form of: Contributed funds; the furnishing of materials, equipment, or services; and/or accomplishment of work either concurrently or within a specified reasonable period of time. The final terms agreed upon will be set forth in writing and made a part of the assurance agreement before commencement of work.
(a)
(b)
(c)
Responsibility for operation and maintenance of completed emergency repair work under Pub. L. 84-99 will be transferred to the responsible local interests in accordance with the applicable procedures for transfer of completed local protection projects (ER 1150-2-301). Detailed instructions and suggestions relative to proper maintenance and operation usually will be furnished as a standard inclosure to a letter notifying the local interests that the work authorized under Pub. L. 84-99 has been completed. The letter must remind the local interests that they are responsible for satisfactory maintenance of the flood control works in accordance with the terms of the local cooperation agreement. In appropriate cases, use the “Flood Control Regulation for Maintenance and Operation of Flood Control Works: (33 CFR part 208). If warranted, a full-scale operation and maintenance manual may be furnished. Reporting requirements placed on the local interests will vary according to organization and other circumstances. Regular inspections will be scheduled to verify local maintenance.
(a)
(b)
(a)
(b)
(c)
(a)
(b)
(c)
(d)
After the technical evaluation has assessed the integrity of the levee, the current definitive condition of the levee will be evaluated using the Rating Guide as a basis. The following table provides general guidance on appropriate inspection recommendations based on the Rating Guide parameters:
The inspection program outlined in this subpart is intended to facilitate the completion of rehabilitation investigations when levees in the program are damaged by flood. The most recent inspection report should provide most of the general information required to support a request to rehabilitate a levee under Pub. L. 84-99.