[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR203.21]



[Page 9]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 203_EMERGENCY EMPLOYMENT OF ARMY AND OTHER RESOURCES, NATURAL 

DISASTER PROCEDURES--Table of Contents

 

                     Subpart B_Disaster Preparedness

 

Sec.  203.21  Disaster preparedness responsibilities of non-Federal 

interests.





    Disaster preparedness is a basic tenet of State and local 

responsibility. Assistance provided under authority of Public Law 84-99 

is intended to be supplemental to the maximum efforts of State and local 

interests. Assistance under Public Law 84-99 will not be provided when 

non-Federal interests have made insufficient efforts to address the 

situation for which assistance is requested. Assistance under Public Law 

84-99 will not be provided when a request for such assistance is based 

entirely on a lack of fiscal resources with which to address the 

situation. Non-Federal interests' responsibilities are addressed in 

detail as follows:

    (a) Operation and maintenance of flood control works. Flood control 

works must be operated and maintained by non-Federal interests. 

Maintenance includes both short-term activities (normally done on an 

annual cycle, or more frequently) such as vegetation control and control 

of burrowing animals, and longer term activities such as repair or 

replacement of structural components (e.g., culverts) of the project.

    (b) Procurement/stockpiling. Procurement and stockpiling of 

sandbags, pumps, and/or other materials or equipment that might be 

needed during flood situations is a non-Federal responsibility. The 

Corps is normally a last resort option for obtaining such materials. 

Local interests should request such materials from State assets prior to 

seeking Corps assistance. Local interests are responsible for 

reimbursing (either in kind or in cash) the Corps for expendable flood 

fight supplies and materials, and returning items such as pumps. When a 

flood is of sufficient magnitude to receive a Stafford Act emergency or 

disaster declaration, then the District Engineer may waive reimbursement 

of expendable supplies.

    (c) Training and plans. Training personnel to operate, maintain, and 

patrol flood control projects during crisis situations is a non-Federal 

responsibility. Specific plans should be developed and in place to 

address known problem areas. For instance, the non-Federal sponsor of a 

levee reach prone to boils should have personnel specifically trained in 

flood fighting boils. In addition, contingency plans must be made when 

needed to address short term situations. For instance, if a culvert 

through a levee is being replaced, then the contingency plan should 

address all actions needed should a flood event occur during the 

construction period when levee integrity is lacking.

    (d) Corps Rehabilitation and Inspection Program for Flood Control 

Works. To be eligible for Rehabilitation Assistance under Public Law 84-

99, it is a non-Federal responsibility to take those actions necessary 

for flood control works to gain and maintain an Active status in the 

Corps Rehabilitation and Inspection Program (RIP), as detailed in 

subpart D of this part.