[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: 33CFR203.31]



[Page 9-10]

 

                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 C_Emergency Operations

 

Sec.  203.31  Authority.





    Emergency operations under Public Law 84-99 apply to Flood Response 

and Post Flood Response activities. Flood Response activities include 

flood fighting, rescue operations, and protection of Corps-constructed 

hurricane/shore protection projects. Post Flood Response activities 

include certain limited activities intended to prevent imminent loss of 

life or significant public



[[Page 10]]



property, or to protect against significant threats to public health and 

welfare, and are intended to bridge the time frame between the 

occurrence of a disaster and the provision of disaster relief efforts 

under authority of The Stafford Act.

    (a) Flood Response. Flood Response measures are applicable to any 

flood control work where assistance is supplemental to tribal, State, 

and local efforts, except that Corps assistance is not appropriate to 

protect flood control works constructed, previously repaired, and/or 

maintained by other Federal agencies, where such agencies have emergency 

flood fighting authority. Further, Flood Response measures (except 

technical assistance) are not appropriate for flood control works 

protecting strictly agricultural lands. Corps assistance in support of 

other Federal agencies, or State and local interests, may include the 

following: technical advice and assistance; lending of flood fight 

supplies, e.g., sandbags, lumber, polyethylene sheeting, or stone; 

lending of Corps-owned equipment; hiring of equipment and operators for 

flood operations; emergency contracting; and similar measures.

    (b) Post Flood Response. The Corps may furnish Post Flood Response 

assistance for a period not to exceed 10 days (the statutory limitation) 

from the date of the Governor's request to the Federal Emergency 

Management Agency for an emergency or disaster declaration under 

authority of the Stafford Act. Requests for Post Flood Response 

assistance must be made by the Governor of the affected State, except 

that requests for assistance on lands held in trust by the United 

States, or on lands of the Alaska Natives, may be submitted directly by 

the affected federally recognized Indian Tribe or Alaska Native 

Corporation, or through the appropriate regional representative of the 

Bureau of Indian Affairs, or through the Governor of the State in which 

the lands are located. Assistance from the Corps may include the 

following: provision of technical advice and assistance; cleaning of 

drainage channels, bridge openings, or structures blocked by debris 

deposited during a flood event, where the immediate threat of flooding 

of or damage to public facilities has not abated; removal of debris 

blockages of critical water supply intakes, sewer outfalls, etc.; 

clearance of the minimum amounts of debris necessary to reopen critical 

transportation routes or public services/facilities; other assistance 

required to prevent imminent loss of life or significant damage to 

public property, or to protect against significant threats to public 

health and welfare. Post Flood Response assistance is supplemental to 

the maximum efforts of non-Federal interests.