EP 1165-2-1
30 Jul 99
there is no authority under Section 5 whereby local interests may be
reimbursed for any of their costs for emergency operations
accomplished on their own behalf. Also, Section 5 authority and funds
are not used in lieu of other appropriate Corps continuing
authorities.
(5) After a flood event, the Corps may perform emergency work
on public and private lands and waters for a period of 10 days
following a governor's request for assistance. This work must be
essential for the preservation of life and property, including, but
not limited to, channel clearance, emergency shore protection,
clearance and removal of debris and wreckage endangering health and
safety, and temporary restoration of essential public facilities and
services.
b. Other Disaster Assistance. Disaster assistance beyond
Corps statutory authority will conform to the provisions of AR 500-60
which pertains primarily to military assistance. In the event of
Presidential declaration of a major disaster, or emergency declared by
the Director, Federal Emergency Management Agency (FEMA), assistance
to state and local governments is provided in essential response and
recovery operations when and as directed by the President through FEMA
under the provisions of The Robert T. Stafford Disaster Relief Act
(42 U.S.C. 5121 et seq). The Corps fully responds to all requests
from the FEMA Director or Regional Director. (ER 11-1-320, ER
500-1-1)
13-16. Use of Storage Allocated for Flood Damage Reduction and
Navigation at Non-Corps Projects. Section 7 of the Flood Control Act
of 1944 requires the Secretary to prescribe regulations for the use of
storage allocated for flood control or navigation at all reservoirs
constructed wholly or in part with Federal funds. During the planning
and design phases, project owners consult with the Corps regarding the
quantity and value of space to reserve in the reservoir for flood
damage reduction and/or navigation. (ER 1110-2-241, EM 1110-2-3600)
13-17. Provision of Flood Protection at Urban Renewal Projects. The
inclusion of flood protection at urban renewal projects must be in
accordance with the WRC Principles and Guidelines (P&G).
13-18. Construction of Flood Control Projects by Non-Federal
Interests. Section 211 of WRDA 1996 provides authority for non-
Federal sponsors to undertake the design and construction of federally
authorized flood control projects without Federal funding, and to be
eligible to be reimbursed an amount equal to the estimate of the
Federal share, without interest (or inflation), of the design and
construction cost of the project or separable element thereof. The
Energy and Water Development Appropriations Act of 1998 provides
additional guidance on Section 211 of WRDA 1996 regarding notification
of the Committees on Appropriations of the House and Senate on
scheduling of reimbursements.
a. General. Reimbursement for the construction of any
authorized flood control project undertaken by a non-Federal sponsor
pursuant to Section 211 of WRDA 1996 is contingent upon approval by
the Secretary of the Army of the plans for construction and the
Secretary's determination, after a review of studies and design
documents, that the project or separable element thereof, is
economically justified and environmentally acceptable. This approval
must be obtained prior to the initiation of construction of the work
for which the reimbursement request will be made. Further, prior to
initiating negotiations for a reimbursement agreement for the
13-15
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