OMAHA DISTRICT

The Corps of Engineers' emergency authorities, including those for flood fighting, are authorized under the provisions of Public Law 84-99, Flood and Coastal  Emergencies (33 U.S.C. 701n) (69 Stat. 186) as amended. 

More information on PL84-99.

The Corps of Engineers' will give technical advice and assistance on fighting floods when requested by State, Tribal, or local authorities. Other types of supplemental assistance are available under special circumstances. These are discussed below.

State, Tribal, and local authorities should initiate a program of Disaster Preparedness, if they do not already have one. Such a program should include maintaining existing flood control projects, stockpiling or otherwise providing for sandbags and other material and equipment, and training personnel to handle emergency situations.

When a flood occurs, emergency operations can be undertaken by the Corps to supplement local efforts to protect life and property. A declaration of a state of emergency or a written request from the Governor, Tribal Chairperson, or other local official is required before the Corps can provide support. Also required are local assurances of cooperation and indemnification of the United States from damages. Corps assistance may include furnishing flood fight materials and equipment and hiring equipment and operators for flood fight operations. The Corps can assume a leadership role in the fight if responsible local authorities are unable to cope with the situation. Corps efforts will cease when the floodwaters have receded. Protective or preventative measures taken during a flood fight will usually be of a temporary nature. After the fight is over, local interests are responsible for removing any temporary structures that were installed by the Corps. installed by the Corps. 

The Corps of Engineers' authorities for post flood response activities are authorized under Section 917 of the Water Resources Development Act of 1986, Public Law 99-662. This amendment to Public Law 84-99 expands the Corps authority for providing emergency relief work following a flood or coastal storm disaster. 

All Corps post flood response work under Section 917 must be accomplished within ten days of the Governor's request for a preliminary damage assessment (PDA) and Federal disaster assistance under Federal Emergency Management Agency (FEMA) PL93-288 authority. 

Post flood response actions will vary with the type and severity of the emergency. The following guidelines dictate general policy: 

• Corps assistance is limited to the preservation of life and/or improved property (i.e., residential/commercial developments and public facilities/services). Assistance to individual homeowners and businesses including agricultural property is not permitted. 
• Corps assistance will complement the maximum State, Tribal, and local efforts. Non-Federal interests must commit available resources (i.e. manpower, supplies, equipment, funds, etc.). 
• Corps assistance will be temporary to meet the immediate threat. It is not intended to provide permanent solutions to flooding problems.
• All emergency activities performed by the Corps will be coordinated through the State Emergency Management Office, Tribal Council, and applicable FEMA Regional Office. 
• Corps activities (with the exception of loaned supplies and equipment), will be 100 percent Federally funded. Reimbursement of State, Tribal, and local interests for their costs is not authorized.
• Local assurances to provide necessary real estate and indemnification of the United State resulting from Corps response efforts is required.

A:  Corps post flood assistance will be limited to major floods or disasters resulting in life and/or property threatening situations. Specific guidelines for providing assistance are as follows:

• A written request from the Governor or Tribal Chairperson to the Corps District Commander is required to receive Corps assistance. The Governor or Tribal request must verify that he/she has requested FEMA to initiate a preliminary damage assessment. The request must also indicate the requested assistance is beyond the State's or Tribe's present capability to perform, identify specific damage locations, and indicate the extent of Corps assistance required to supplement current State, Tribe, and local efforts. The request should be transmitted concurrently with his/her request for FEMA's PDA. 
• Corps assistance is limited to ten days following receipt of the Governor's or Tribe's written request. All work must be completed within the ten day period, or upon assumption by the State and local interests. The ten day work period is not affected by a subsequent Presidential declaration or denial. No extension of the ten day time limit will be granted. 
• After the Governor's or Tribe's request for assistance has triggered the ten day period, subsequent requests for additional assistance resulting from the same flood or disaster will not extend the ten day period or trigger a new ten day period. 
• The Corps will not take action on requests received subsequent to a Presidential declaration or denial.

Assistance to a State or Tribe under the authority of Section 917 will be considered for the following categories: 

• Clearance of key drainage channels or structures blocked by debris deposited during the flood.
• Removal of debris and blockages of critical water supply intakes, sewer outfalls, bridge openings, etc. Additionally, removal of minimum debris necessary to reopen critical transportation routes. 
• Temporary construction required to restore critical transportation routes or public services/facilities. 
• Reduction and/or prevention of shoreline damage or beach erosion will not be undertaken unless there is an immediate threat to life or critical public facilities.
• Other assistance required to prevent imminent loss of life or property as determined by the Corps District Commander. Work should be within the scope of emergency construction activities normally engaged in by the Corps.