[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR624.5] [Page 393-394] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 624_EMERGENCY WATERSHED PROTECTION--Table of Contents Sec. 624.5 Eligible emergencies, recipients, and assistance. (a) Conditions of eligibility. Emergency watershed protection assistance is made available when the following conditions of eligibility are determined to exist by the state conservationist. Procedures for providing emergency assistance vary according to whether the watershed emergency constitutes an exigency or a nonexigency situation. Emergency measures for both types of situations are those undertaken to remove or reduce hazards created by the disaster to safeguard life and property from flooding, drought, or the products of erosion. (1) Watershed emergency. A watershed emergency exists when a natural occurrence causes a sudden impairment of a watershed that creates an imminent threat to life or property. To be eligible for assistance, the imminent threat to life or property must significantly exceed that which existed before the impairment. (i) Natural occurrence includes but is not limited to floods, fires, windstorms, earthquakes, volcanic actions, and drought. (ii) A watershed impairment exists when the ability of a watershed to carry out its natural functions is reduced to the extent of creating an imminent threat to life or property. (iii) A sudden watershed impairment results from a single natural occurrence or a short-term combination of occurrences. Watershed impairments resulting from long-term combinations or series of natural or other occurrences are not considered sudden watershed impairments. (iv) Exigency and nonexigency situations. Watershed emergencies are classified as either exigency or nonexigency situations. (A) An exigency exists when the near-term probability of damage to life or property is high enough to demand immediate Federal action. An exigency continues to exist as long as the probability of damage continues at a high enough level. (B) A nonexigency situation exists when the near-term probability of damage to life or property is high enought to constitute an emergency but not sufficiently high to be considered an exigency. A nonexigency situation continues to exist as long as the probability of damage remains high enough to be considered an emergency. (v) Changes in emergency situations. Changes in the near-term probability of threat to life or property will be reflected by changes in the classification of emergencies. As the near-term probability that the threats will be realized is reduced because of emergency assistance or other factors, exigency and nonexigency situations will be appropriately reclassified. Similarly, as occurrences increase the probability of threats to life or property, situations previously considered nonemergencies will be appropriately reclassified as nonexigencies and previous nonexigency emergency situations will be appropriately reclassified as exigencies. (vi) Drought emergencies. Assistance is available in drought emergencies when the eligibility criteria specified in this rule are met and the Agricultural Stabilization and Conservation Service (ASCS) determines that a drought emergency exists under regulations promulgated to carry out sections 401 and 402 of the Agriculture Credit Act of 1978 (Pub. L. 95-334). (b) Eligible recipients. Include those public or private landowners, land managers, land users, or others who-- (1) Have a legal interest in or responsibility for the values threatened by a watershed emergency; and (2) Have exhausted or have insufficient funds or other resources available to provide adequate relief from the applicable hazards. Interested persons other than Federal agencies must be represented by a project sponsor. Project sponsors must: (i) Be a State or political subdivision of a State or a qualified Indian tribe or tribal organization; (ii) Have legal authority and agree to use such authority to obtain needed landrights, water rights, and permits; and [[Page 394]] (iii) Agree to provide for the operation and maintenance of completed emergency measures. (c) Eligible assistance. (1) In an exigency-- (i) Federal emergency funds may bear up to 100 percent of the construction costs of emergency measures. (ii) Funds must be obligated within 10 days after receipt of the emergency funds or after the date of the disaster event when conditions permit beginning construction activities, whichever is later. (iii) Emergency work must be completed within 30 days after funds are obligated. The NRCS Chief retains discretion to grant extensions for good cause. Documentation must support requests for extensions. Extensions may extend an additional 10 days for the obligation of funds and an additional 30 days for the completion of work. (2) In a nonexigency-- (i) Federal emergency funds may bear up to 80 percent of the construction costs for emergency measures. (ii) Funds must be obligated and construction completed within 220 consecutive calendar days after the date of receipt of funds. Extensions are permitted at the discretion of the NRCS Chief if unforeseen or uncontrollable events cause delays. A request for such an extension must be documented. (3) Sponsors may provide their share of construction costs in the form of cash; inkind services such as labor, equipment, etc.; or a combination of cash and inkind services. Cost sharing is waived for measures to be installed on Federal lands such as national forests or national grasslands. [46 FR 56577, Nov. 17, 1981, as amended at 48 FR 4448, Feb. 1, 1983]