EP 1165-2-1
30 Jul 99
a. Corps of Engineers Authority. Emergency activities
pursuant to Section 5 of Public Law 77-288, as amended by Public Law
99, 84th Congress, Section 206 of the Flood Control Act of 1962 and
Section 302 of WRDA 1990, and others, includes the following work
whenever and wherever required: preparation for emergency response to
any natural disaster; flood fighting and rescue operations; post flood
response; emergency repair and restoration of flood damaged or
destroyed flood control works such as levees; emergency protection of
Federally authorized hurricane and shore protection works being
threatened; and the repair or restoration of Federal hurricane or
shore protection structures damaged or destroyed by wind, wave, or
water action of other than an ordinary nature. The authority under
Section 5, as amended, was expanded by Section 82 of Public Law
93-251, which authorized providing emergency supplies of clean water
to any locality confronted with a source of contaminated water causing
or likely to cause a substantial threat to the public health and
welfare of the inhabitants of the locality. Public Law 95-51 further
amended Section 5 to provide the Secretary of the Army authority to
provide emergency water supplies in areas determined to be drought
distressed. Authorized emergency activities are financed from an
Emergency Fund authorized by Section 5, to be replenished on an
annual basis. (ER 11-1-320, ER 500-1-1)
(1) The provision of advance flood damage reduction measures
by the Corps is supplemental to state and local community efforts,
rather than replacements for them. Corps protective and preventive
measures will generally be of a temporary nature designed to meet an
imminent flood threat. Permanent rehabilitation work to protect
against the threat of future disasters will be considered separately
from advance measures. A declaration of a state of emergency or
written request by the governor of a state is a prerequisite to
furnishing advance measures. Local interests are required to remove
temporary works provided as advanced measures.
(2) It is Corps policy that local assurances and appropriate
requests for assistance will be obtained. Local cooperation for
accomplishment of advance measures and rehabilitation works require
local assurances to (a) provide without cost to the United States all
lands, easements and rights-of-way necessary for the authorized
emergency work; (b) hold and save the United States free from damage
due to the authorized emergency work; and (c) maintain and operate all
the rehabilitation work after its completion. Additional features of
local participation should also be considered, as appropriate, and
included in the assurance agreement; e.g., the removal of emergency
flood damage reduction measures, after their purpose has been served,
is a local responsibility.
(3) Requests for providing emergency supplies of clean water
due to contamination or drought are considered separately from the
flood and coastal storm emergency activities. Requests for assistance
due to a contaminated source must be made in writing by the governor
of the state affected. Assistance for contaminated source situations
is limited to 30 days. Applications from drought distressed areas may
be presented by individuals or political subdivisions who must agree
to the terms deemed necessary by the Secretary of the Army.
Assistance is limited to Federally owned equipment and Federal
manpower for implementation.
(4) Under Section 5, as amended, emergency funds may be
expended directly by the Corps for authorized purposes. However,
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