[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
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 
 
                     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.