[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: 33CFR203.32]



[Page 10-11]

 

                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.  203.32  Policy.



    Prior to, during, or immediately following flood or coastal storm 

activity, emergency operations may be undertaken to supplement State and 

local activities. Corps assistance is limited to the preservation of 

life and property, i.e., residential/commercial/industrial developments, 

and public facilities/services. Direct assistance to individual 

homeowners, individual property owners, or businesses is not permitted. 

Assistance will be temporary to meet the immediate threat, and is not 

intended to provide permanent solutions. All Corps activities will be 

coordinated with the State Emergency Management Agency or equivalent. 

Reimbursement of State or local emergency costs is not authorized. The 

local assurances required for the provision of Corps assistance apply 

only to the work performed under Public Law 84-99, and will not prevent 

State or local governments from receiving other Federal assistance for 

which they are eligible.

    (a) Flood Response. Requests for Corps assistance will be in writing 

from the appropriate requesting official, or his or her authorized 

representative. When time does not permit a written request, a verbal 

request from a responsible tribal, State, or local official will be 

accepted, followed by a written confirmation.

    (1) Corps assistance may include operational control of flood 

response activities, if requested by the responsible tribal, State, or 

local official. However, legal responsibility always remains with the 

tribal, State, and local officials.



[[Page 11]]



    (2) Corps assistance will be terminated when the flood waters recede 

below bankfull, absent a short term threat (e.g., a significant storm 

front expected to arrive within a day or two) likely to cause additional 

flooding.

    (3) Removal of ice jams is a local responsibility. 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 not perform ice jam blasting operations for local interests.

    (b) Post Flood Response. A written request from the Governor is 

required to receive Corps assistance. Corps assistance will be limited 

to major floods or coastal storm disasters resulting in life threatening 

situations. The Governor's request will include verification that the 

Federal Emergency Management Agency (FEMA) has been requested to make an 

emergency or disaster declaration; a statement that the assistance 

required is beyond the State's capability; specific damage locations; 

and the extent of Corps assistance required to supplement State and 

local efforts. 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 trigger a new 10-day period. 

The Corps will deny any Governor's request for Post Flood Response if it 

is received subsequent to a Stafford Act Presidential disaster 

declaration, or denial of such a declaration. Shoreline or beach erosion 

damage reduction/prevention actions under Post Flood Response will 

normally not be undertaken unless there is an immediate threat to life 

or critical public facilities.

    (c) Loan or issue of supplies and equipment. (1) Issuance of 

Government-owned equipment or materials to non-Federal interests is 

authorized only after local resources have been fully committed.

    (2) Equipment that is lent will be returned to the Corps immediately 

after the flood operation ceases, in a fully maintained condition, or 

with funds to pay for such maintenance. The Corps may waive the non-

Federal interest's responsibility to pay for or perform maintenance if a 

Stafford Act Presidential emergency or disaster declaration has already 

been made for the affected locality, and the waiver is considered 

feasible and reasonable.

    (3) Expendable supplies that are lent, such as sandbags, will be 

replaced in kind, or paid for by local interests. The Corps may waive 

the local interest's replacement/payment if a Stafford Act Presidential 

disaster declaration has been made for the affected locality, and the 

waiver is considered feasible and reasonable. All unused expendable 

supplies will be returned to the Corps when the operation is terminated.