[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: 33CFR203.72]

[Page 22-23]
 
                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 F_Advance Measures
 
Sec.  203.72  Eligibility criteria and procedures.

    (a) Threat of flooding. An imminent threat of unusual flooding must 
exist before Advance Measures projects can be approved. The threat may 
be established by National Weather Service predictions, or by Corps of 
Engineers determinations of unusual flooding from adverse or unusual 
conditions. The threat must be clearly defined to the extent that it is 
readily apparent that damages will be incurred if preventive action is 
not taken immediately.
    (b) Governor's request. A letter signed by the Governor, requesting 
Corps assistance and addressing the State's commitments and capabilities 
with response to the emergency situation, is required. All requests 
should identify the following information:
    (1) Describe the non-Federal efforts undertaken. Verify that all 
available resources have been committed.
    (2) Identify the specific needs, and the required Corps assistance.
    (3) Identify additional commitments to be accomplished by the non-
Federal interests.
    (4) Identify the non-Federal sponsor(s).
    (c) Feasibility. The proposed work should be temporary in nature, 
technically feasible, designed to deal effectively and efficiently with 
the specific threat, and capable of construction in time to prevent 
anticipated damages.
    (d) Economic justification. All work undertaken under this category 
must have a favorable benefit-to-cost ratio, under Corps of Engineers 
economic guidelines.
    (e) Local cooperation/responsibilities. Subpart G of this part 
provides requirements for a Cooperation Agreement needed to provide 
local assurances. The project sponsor must remove temporary works 
constructed by the Corps when the operation is over, at no cost to the 
Corps.
    (f) Contingency planning efforts for potential Advance Measures 
activities. Occasionally weather phenomena occur which produce a much 
higher than normal probability or threat of flooding which may be 
predicted several months in advance of occurrence or significant impact. 
Impacts on specific locations may be unpredictable, but regional impacts 
may have a high likelihood of occurrence. In such situations, the Corps 
may provide technical and contingency planning assistance to tribal, 
State, and local agencies, commensurate with the predicted weather 
phenomenon, based on requests for assistance from such tribal, State, 
and local agencies. Specific Advance Measures projects must be addressed 
as specified in paragraph (b) of this section.
    (g) Definitions--(1) Imminent threat. A subjective statistical 
evaluation of how quickly a threat scenario can develop, and how likely 
that threat is to develop in a given geographical location. Implicit in 
the timing aspect can be considerations of available time (when the next 
flood or storm event is likely

[[Page 23]]

to occur), season (e.g., a snowpack that will melt in the coming spring 
runoff), or of known cyclical activities.
    (2) Unusual flooding. A subjective determination that considers 
potential ability to approach an area's flood of record, a catastrophic 
level of flooding, or a greater than 50-year level of flooding.