[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: 33CFR214.9]

[Page 191]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 214--EMERGENCY SUPPLIES OF DRINKING WATER--Table of Contents
 
Sec. 214.9  Requirements.

    Providing emergency supplies of clean drinking water pursuant to the 
emergency functions of the Corps of Engineers is supplemental to the 
efforts of the community. Such actions must be in accordance with both 
Federal and municipal authorities. Corps response must be restricted to 
requests for assistance received from an appropriate state official. 
Each request must be considered on its own merits. The factors in each 
case may vary, but the following should be included in the evaluation.
    (a) Whether the criteria required by the law and outlined in 
Sec. 214.6 have been met.
    (b) The extent of state and local efforts to provide clean drinking 
water and their capability to do so. Corps efforts to provide temporary 
supplies of drinking water must be limited to measures clearly beyond 
the resources reasonably available to the state and locality.
    (c) The adequacy of the state or local community agreement to 
mutually participate with the Federal government, on terms determined 
advisable by the Chief of Engineers, or his delegate, which must include 
the following:
    (1) To provide, without cost to the United States, all lands, 
easements, and rights-of-way necessary for the authorized work.
    (2) To hold and save the United States free from damages in 
connection with the authorized work other than negligence attributable 
to the United States or its contractor.
    (3) To maintain and operate in a manner satisfactory to the Chief of 
Engineers all installed work during the emergency.
    (4) To remove when determined feasible by the district engineer, at 
no cost to the Federal government, the installed equipment at the end of 
the emergency and return it to the Corps of Engineers.
    (5) As soon as possible to actively initiate measures required to 
resolve the emergency situation.
    (d) The provision of water quality statements with the request, and 
the identification of the threat to public health and welfare as 
determined by recognized authorities such as the State Health 
Department, Environmental Protection Agency, or recognized commercial 
laboratory.
    (e) The identification of the affected area as a legally recognized 
governmental body or public entity that exercises a measure of control 
in the common interest of the inhabitants.