I.	TITLE:	Rehabilitation Assistance for Levees and other Flood Control
Works

II.	DATE:	

PURPOSE:   

This policy delineates FEMA’s authority to fund repairs to certain
levees and other flood control works.

IV.	SCOPE AND AUDIENCE:

The policy is applicable to all major disasters and emergencies declared
on or after the date of publication of this policy.   It is intended for
personnel involved in the administration of the Public Assistance
Program.  

V.	AUTHORITY:

Sections 403 and 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act), 42 U.S.C. 5170b and 5172, and
44 CFR §206.226(a).

VI.	BACKGROUND:

The United States Army Corps of Engineers (USACE) and the Natural
Resources Conservation Service (NRCS) have primary authority for the
repair of flood control works.  USACE’s authority is contained in the
Flood Control and Coastal Emergency Act, Public Law (PL) 84-99 (33
U.S.C. 701n) and Title 33: Navigation and Navigable Waters, and NRCS’
authority is contained in Section 216 of the Flood Control Act of 1950,
PL 81-516, and Sections 403-405 of the Agriculture Credit Act of 1978,
PL 95-334, as amended by Section 382 of the Federal Agriculture
Improvement and Reform Act of 1996, PL 104-127.    

In 1986, USACE and NRCS signed a Memorandum of Agreement to provide
general policy guidance and coordination between the two agencies for
the repair of levees and other flood control works.  The agencies agreed
that, depending on program eligibility, NRCS would generally be
responsible for repairing flood control works in watersheds with
contributing drainage areas less than 400 square miles and USACE would
be responsible for repairs to eligible non-federal flood control works
in urban areas regardless of watershed size.  The agreement remains in
effect.

The USACE Rehabilitation and Inspection Program (RIP) provides for the
inspection and rehabilitation of Federal and non-Federal flood control
projects.   To be eligible for rehabilitation assistance following a
disaster, a flood control work must have a public sponsor, be regularly
maintained, and have an Active RIP status prior to the event.   USACE
can provide flood fighting assistance to applicants during a flood
event.  However, USACE cannot reimburse applicants for their own flood
fighting efforts or for the removal of debris from flood control works. 
Additional RIP criteria are available in the USACE manual entitled
“Emergency Employment of Army and Other Resources - Civil Emergency
Management Program,” ER 500-1-1. 

The NRCS Emergency Watershed Protection (EWP) program assists with the
implementation of emergency measures for repair and restoration of
EWP-eligible facilities where a sudden impairment of a watershed
threatens life or property as determined by the NRCS State
Conservationist, the benefits associated with repairing the flood
control work exceed the cost of repair, and the public sponsor agrees to
meet NRCS eligibility requirements.  EWP assistance includes debris
removal and the repair of levees and structures.  Additional EWP
criteria are available in Final Rule, 7 CFR Part 624, as well as in Part
501 of the EWP Program Manual.

The Stafford Act includes flood control facilities (including levees) as
public facilities that are eligible for assistance under the Act.  (See
42 U.S.C. 5122.)  FEMA provides assistance for emergency protective
measures to eliminate immediate threats to life, public health and
safety, or improved property.  (See 42 U.S.C. 5170b and 5173).  Although
such measures may include flood fighting, debris removal, and emergency
repairs, the NRCS has specific authority to provide assistance to
protect life and property in watersheds from erosion and flooding, and
USACE has specific authority to provide assistance for flood fighting
activities during flooding.  FEMA will not provide assistance for
emergency protective measures under the Stafford Act where NRCS or USACE
authority is applicable, as these authorities are more specific than
FEMA’s.  When other Federal agencies have the specific authority to
repair facilities that are also eligible under the Stafford Act, FEMA
defers to the other Federal agencies.  This is codified in 44 CFR
§206.226(a).  

This policy delineates FEMA’s authorities on levees and other flood
control works.  The policy was coordinated with USACE and NRCS.  

VII.	POLICY:  

Definitions:

Active Status:  Flood control works that USACE has determined have met
initial PL 84-99 rehabilitation assistance eligibility criteria and have
been rated “Acceptable” or “Minimally Acceptable,” following an
inspection, are assigned an Active Status in the USACE RIP.

Flood Control Works:  Structures such as levees, floodwalls, flood
control channels, and water control structures that were designed and
constructed to have appreciable effects in preventing damage by
irregular and unusual rises in water level.  

Flood Fighting: Activities that are intended to prevent or stop
flooding, e.g., sand-bagging, buttressing.

Inactive Status:  Flood control works that USACE has determined have met
initial 

eligibility criteria for PL 84-99 rehabilitation assistance, but have
subsequently been rated “Unacceptable” by USACE following an
inspection, are assigned an Inactive Status in the USACE RIP.

Other Water Control Structures:  Structures built for channel alignment,
navigation, 

recreation, fish and wildlife, interior drainage, or to protect against
land erosion or saltwater intrusion.  These structures are not flood
control works.

Eligible:

Emergency and permanent repairs to flood control works and other water
control 

structures, that are not eligible for assistance from USACE or NRCS, in
order to restore the structure to its pre-disaster condition in
accordance with 44 CFR Part 206.

The removal of debris deposited atop or in a channel project of a flood
control 

work, if the flood control work is not eligible for NRCS' EWP program
and the debris is the direct result of the disaster and presents an
immediate threat to life, public health and safety, or improved
property.

The placement and removal of flood fighting measures if such activity is
necessary to 

eliminate a public health and safety threat, to operate the flood
control work as a public facility, or to repair the facility.

Dewatering of areas behind levees by breaching or pumping is eligible if
there is a

threat to public health and safety, or improved property; or, if
required to facilitate the initiation of a Federal repair project. 
Deliberate breaches made by an applicant to accomplish such dewatering
are eligible for repair.

  Ineligible:

Flood control works that are eligible for USACE’s RIP program, either
Active or Inactive, are ineligible for assistance from FEMA for
emergency and permanent repairs.

Flood control works that were pending an Initial Eligibility Inspection
by USACE 

at the time of a disaster are ineligible for emergency and permanent
repairs if USACE determines that the structure is eligible to
participate in the RIP.

Debris removal from flood control works that are eligible under NRCS’
authority are 

ineligible for reimbursement from FEMA.

Dewatering areas behind levees for the primary purpose of drying land is
ineligible.

Secondary levees riverward of a primary levee are ineligible for repair
unless they 

protect human life.

Generally, increasing the height of a flood control work is ineligible.

VIII.	RESPONSIBLE OFFICE:  Recovery Directorate (Public Assistance
Division).

IX.	SUPERSESSION:  This policy supersedes Disaster Assistance Policy
9524.3, dated February 25, 2009.

X.	REVIEW DATE:   This policy does not automatically expire, but will be
reviewed 3 years from the date of publication.

					_____________________________

Deborah Ingram

Acting Assistant Administrator

Recovery Directorate

RP9524.3

RECOVERY POLICY 

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