[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: 33CFR203.32]

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                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 C--Emergency Operations
 
Sec. 203.32  Policy.

    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) Flood response. Request for Corps assistance will be in writing 
from the Governor or his/her authorized representative. When time does 
not permit a written request, a verbal request from either a responsible 
state or local official will be accepted followed by a written 
confirmation from the state. Corps assistance may include operational 
control of flood response activities, if requested by the responsible 
state official. However, legal responsibility remains with state and 
local officials. Corps assistance will be terminated when the flood 
waters recede below bankfull. Removal of ice jams is a local 
responsibility; however, Corps technical advice and assistance, as well 
as assistance with flood fight operations can be provided to supplement 
state and local efforts. The Corps will normally not perform ice jam 
blasting operations.
    (b) Post flood response. A written request from the Governor to the 
district or operating division commander is required to receive Corps 
assistance. Corps assistance will be limited to major flood or coastal 
storm disasters resulting in life threatening situations. The Governor's 
request should include: verification that the Federal Emergency 
Management Agency (FEMA) has been requested to initiate Preliminary 
Damage Assessments (PDA); statement that assistance required is beyond 
the State's capability; specific damage locations; extent of Corps 
assistance required to supplement state and local efforts. The 
Governor's request should be transmitted concurrently with the request 
to FEMA for PDA. Corps assistance is limited to 10 days following 
receipt of the Governor's written request or on assumption of activities 
by State and local interests, whichever is earlier. After a Governor's 
request has triggered the 10-day period, subsequent request(s) for 
additional assistance resulting from the same flood or coastal storm 
event will not extend the 10-day period or

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trigger a new 10-day period. The Corps will deny a Governor's request if 
it is received subsequent to a Presidential declaration or denial. 
Shoreline or beach erosion damage reduction/prevention will not be 
undertaken unless there is an immediate threat to life or critical 
public facilities.
    (c) Loan or issue of supplies and equipment. Issuance of Government 
owned equipment or materials to non-Federal interests is authorized only 
in actual emergencies. Providing Government supplies is authorized only 
after local resources have been fully committed. Equipment which is 
loaned should be returned to the Corps immediately after the flood 
operation ceases in a fully maintained condition. Expendable supplies 
such as sandbags will be replaced in kind or paid for by local interests 
to the extent considered feasible and practicable by the division or 
district commander. All unused expendable supplies will be returned to 
the Corps when the operation is terminated.