[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: 33CFR203.31]

[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 
 
                     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.