[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: 33CFR203.32]

[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 
 
                     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.

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    (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.