[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Rules and Regulations]
[Pages 36467-36469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15305]
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DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the Army
33 CFR Part 203
RIN 0710-AA47
Natural Disaster Procedures: Preparedness, Response, and Recovery
Activities of the Corps of Engineers; Correction
AGENCY: Army Corps of Engineers, DoD.
ACTION: Final rule; correction.
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SUMMARY: The Corps promulgated a final rule to revise 33 CFR part 203.
This file rule was published in the Federal Register on April 21, 2003,
with inadvertent errors in section 203.62. The final rule completes the
rulemaking process initiated on February 26, 2002, with publication of
the proposed rule to revise 33 CFR part 203, which implements Pub. L.
84-99. The revisions are necessary to reflect current policy, add
features required by the Water Resources Development Act of 1996 (WRDA
96), and streamline certain procedures concerning Corps authority
addressing disaster preparedness, response, and recovery activities.
WRDA 96 additions include the option to provide nonstructural
alternatives in lieu of structural repairs to levees damaged by flood
events, and the provision of a levee owner's manual. Other significant
changes include expansion of investigation ability for potential
Advance Measures work, and a streamlined approach for requests for
assistance from Native American tribes and Alaska Native Corporations.
DATES: This rule became effective on May 21, 2003.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey D. Jensen, Headquarters,
U.S. Army Corps of Engineers, Civil Emergency Management Branch, CECW-
HS-E, at (202) 761-4561.
SUPPLEMENTARY INFORMATION:
I. Background. Section 203.62 is corrected by redesignation of the
second paragraph (d) ``Guidance'' as paragraph (e) and paragraph (e)
``Guidance-transport of water'' as paragraph (f) and
[[Page 36468]]
paragraph (f) ``Request for assistance'' as paragraph (g).
Dated: June 2, 2003.
Lawrence A. Lang,
Acting Chief, Operations Division, Directorate of Civil Works.
0
Accordingly, 33 CFR part 203 section 203.62 is correctly revised as
follows:
PART 203--EMERGENCY EMPLOYMENT OF ARMY AND OTHER RESOURCES, NATURAL
DISASTER PROCEDURES
Sec. 203.62 Drought assistance.
(a) Authority. The Chief of Engineers, acting for the Secretary of
the Army, has the authority under certain statutory conditions to
construct wells for farmers, ranchers, political subdivisions, and to
transport water to political subdivisions, within areas determined to
be drought-distressed.
(b) General policy. (1) It is a non-Federal responsibility for
providing an adequate supply of water to local inhabitants. Corps
assistance to provide emergency water supplies will only be considered
when non-Federal interests have exhausted reasonable means for securing
necessary water supplies, including assistance and support from other
Federal agencies.
(2) Before Corps assistance is considered under this authority, the
applicability of other Federal assistance authorities must be
evaluated. If these programs cannot provide the needed assistance, then
maximum coordination should be made with appropriate agencies in
implementing Corps assistance.
(c) Governor's request. A letter signed by the Governor, requesting
Corps assistance and addressing the State's commitments and
capabilities with response to the emergency situation, is required. All
requests should identify the following information:
(1) A description of local and State efforts undertaken. A
verification that all available resources have been committed, to
include National Guard assets.
(2) Identification of the specific needs of the State, and the
required Corps assistance.
(3) Identification of the additional commitments to be accomplished
by the State.
(4) Identification of the project sponsor(s).
(d) Definitions applicable to this section.
(1) Construction. This term includes initial construction,
reconstruction, or repair.
(2) Drought-distressed area. An area that the Secretary of the Army
determines, due to drought conditions, has an inadequate water supply
that is causing, or is likely to cause, a substantial threat to the
health and welfare of the inhabitants of the impacted area, including
the threat of damage or loss of property.
(3) Eligible applicant. Any rancher, farmer or political
subdivision within a designated drought-distressed area that is
experiencing an inadequate supply of water due to drought.
(4) Farmer or rancher. An individual who realizes at least one-
third of his or her gross annual income from agricultural sources, and
is recognized in the community as a farmer or rancher. A farming
partnership, corporation, or similar entity engaged in farming or
ranching, which receives its majority income from such activity, is
also considered to be a farmer or rancher, and thus an eligible
applicant.
(5) Political subdivision. A city, town, borough, county, parish,
district, association, or other public body created by, or pursuant to,
Federal or State law, having jurisdiction over the water supply of such
public body.
(6) Reasonable cost. In connection with the Corps construction of a
well, means the lesser of:
(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, and
(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) State. Any State, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, Northern Marianas Islands,
American Samoa, and the Trust Territory of the Pacific Islands.
(e) Guidance--construction of wells. (1) Assistance to an eligible
applicant for the construction of a well may be provided on a cost-
reimbursable basis if:
(i) It is in response to a written request by a farmer, rancher, or
political subdivision for construction of a well under Public Law 84-
99.
(ii) The applicant is located within an area that the Secretary of
the Army has determined 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, a private business could not
construct the well 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 by signing a Cooperation Agreement (subpart G of this
part) 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, but
can only be used when commercial firms cannot provide comparable
service within the time needed to prevent the applicant from suffering
significantly increased hardships from the effects of an inadequate
water supply.
(f) Guidance-transport of water. (1) Assistance to an applicant in
the transportation of water may be provided if:
(i) It is in response to a written request by a political
subdivision for transportation of water.
(ii) The applicant is located within an area that the Secretary of
the Army has determined 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 consumption, and the applicant cannot obtain water.
(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 consumption. Assistance will not be provided in connection with
water needed for irrigation, recreation, or other non-life supporting
purposes, or livestock consumption.
(4) Corps assistance will not include the purchase of water, nor
the cost of loading or discharging the water into or from any
Government conveyance, to include Government-leased conveyance.
[[Page 36469]]
(5) Equipment owned by the United States will be utilized to the
maximum extent possible in exercising the authority to transport water,
consistent with lowest total Federal cost.
(g) Request for assistance. A written request must be made to the
district commander with Civil Works responsibility for the affected
area. Upon receipt of a written request, the appropriate State and
Federal agencies will be notified, and coordination will continue as
appropriate throughout the assistance.
[FR Doc. 03-15305 Filed 6-17-03; 8:45 am]
BILLING CODE 3710-92-P