[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR203.13]

[Page 5-6]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 203--EMERGENCY EMPLOYMENT OF ARMY AND OTHER RESOURCES, NATURAL DISASTER PROCEDURES--Table of Contents
 
                         Subpart A--Introduction
 
Sec. 203.13  Non-Federal interests responsibilities.

    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) Disaster preparedness. Normal maintenance of flood control 
projects in preparation for possible disasters is a non-Federal 
responsibility. Local maintenance includes procurement and stockpiling 
of sandbags and/or other materials or equipment which might be needed 
during flood situations. Preparedness includes training personnel

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to operate and maintain projects during crisis situations.
    (b) Emergency operations. During emergency operations, including 
flood response (flood fight and rescue operations) and post flood 
response, non-Federal interests must commit available resources to 
include: manpower, supplies, equipment, and funds. Requests for Corps 
assistance will be in writing from the Governor or his/her authorized 
representative. Non-Federal interests must furnish formal written 
assurances of local cooperation which are detailed in subpart G of this 
regulation. Following a flood response, it is a non-Federal 
responsibility to remove expedient flood control structures installed by 
the Corps under Pub. L. 84-99.
    (c) Rehabilitation. Prior to Corps rehabilitation of non-Federal 
projects, non-Federal interests must furnish formal written assurances 
of local cooperation. (The local cooperation requirements are detailed 
in subpart G of this regulation.) Sponsorship by a public entity is 
required. Additional requirements of local participation include such 
items as cost-sharing and costs attributable to deficient or deferred 
maintenance.
    (d) Emergency water supplies and drought assistance. Non-Federal 
interests must seek emergency drinking water assistance through the 
Governor of the affected State. The Bureau of Indian Affairs may request 
aid for Indian tribal lands. Corps assistance can be provided to 
drought-distressed areas, to construct wells and to transport water, at 
the request of the Governor. Requests for assistance for either program 
must include information concerning the criteria prescribed by subpart E 
of this regulation.
    (e) Advance measures. Advance measures to protect against predicted 
flooding are designed to complement the maximum non-Federal capability, 
must be justified from an engineering and economic standpoint and be 
capable of completion in a timely manner. Non-Federal participation can 
include either financial contribution or commitment of non-Federal 
physical resources. The assurance of local cooperation and participation 
(subpart H) must be furnished to the Corps prior to construction. 
Requests for assistance must be made by the Governor of the affected 
State. (Bureau of Indian Affairs for Indian tribal lands.)

[48 FR 56373, Dec. 21, 1983, as amended at 51 FR 25691, July 16, 1986; 
53 FR 2841, Feb. 2, 1988; 54 FR 3028, Jan. 23, 1989]