33 U.S.C. § 701n : US Code - Section 701N: Emergency response to natural disasters

Search 33 U.S.C. § 701n : US Code - Section 701N: Emergency response to natural disasters

(a) Emergency fund
(1) There is authorized an emergency fund to be expended in
preparation for emergency response to any natural disaster, in
flood fighting and rescue operations, or in the repair or
restoration of any flood control work threatened or destroyed by
flood, including the strengthening, raising, extending, or other
modification thereof as may be necessary in the discretion of the
Chief of Engineers for the adequate functioning of the work for
flood control, or in implementation of nonstructural alternatives
to the repair or restoration of such flood control work if
requested by the non-Federal sponsor; in the emergency protection
of federally authorized hurricane or shore protection being
threatened when in the discretion of the Chief of Engineers such
protection is warranted to protect against imminent and substantial
loss to life and property; in the repair and restoration of any
federally authorized hurricane or shore protective structure
damaged or destroyed by wind, wave, or water action of other than
an ordinary nature when in the discretion of the Chief of Engineers
such repair and restoration is warranted for the adequate
functioning of the structure for hurricane or shore protection. The
emergency fund may also be expended for emergency dredging for
restoration of authorized project depths for Federal navigable
channels and waterways made necessary by flood, drought,
earthquake, or other natural disasters. In any case in which the
Chief of Engineers is otherwise performing work under this section
in an area for which the Governor of the affected State has
requested a determination that an emergency exists or a declaration
that a major disaster exists under the Disaster Relief and
Emergency Assistance Act [42 U.S.C. 5121 et seq.], the Chief of
Engineers is further authorized to perform on public and private
lands and waters for a period of ten days following the Governor's
request any emergency work made necessary by such emergency or
disaster which is 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 public health and safety, and temporary
restoration of essential public facilities and services. The Chief
of Engineers, in the exercise of his discretion, is further
authorized to provide emergency supplies of clean water, on such
terms as he determines to be advisable, to any locality which he
finds is 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. The appropriation of
such moneys for the initial establishment of this fund and for its
replenishment on an annual basis, is authorized: Provided, That
pending the appropriation of sums to such emergency fund, the
Secretary of the Army may allot, from existing flood-control
appropriations, such sums as may be necessary for the immediate
prosecution of the work herein authorized, such appropriations to
be reimbursed from the appropriation herein authorized when made.
The Chief of Engineers is authorized, in the prosecution of work in
connection with rescue operations, or in conducting other flood
emergency work, to acquire on a rental basis such motor vehicles,
including passenger cars and buses, as in his discretion are deemed
necessary.
(2) In preparing a cost and benefit feasibility assessment for
any emergency project described in paragraph (1), the Chief of
Engineers shall consider the benefits to be gained by such project
for the protection of -
(A) residential establishments;
(B) commercial establishments, including the protection of
inventory; and
(C) agricultural establishments, including the protection of
crops.
(b) Emergency supplies of drinking water; drought; well
construction and water transportation
(1) The Secretary, upon a written request for assistance under
this paragraph made by any farmer, rancher, or political
subdivision within a distressed area, and after a determination by
the Secretary that (A) as a result of the drought such farmer,
rancher, or political subdivision has an inadequate supply of
water, (B) an adequate supply of water can be made available to
such farmer, rancher, or political subdivision through the
construction of a well, and (C) as a result of the drought such
well could not be constructed by a private business, the Secretary,
subject to paragraph (3) of this subsection, may enter into an
agreement with such farmer, rancher, or political subdivision for
the construction of such well.
(2) The Secretary, upon a written request for assistance under
this paragraph made by any farmer, rancher, or political
subdivision within a distressed area, and after a determination by
the Secretary that as a result of the drought such farmer, rancher,
or political subdivision has an inadequate supply of water and
water cannot be obtained by such farmer, rancher, or political
subdivision, the Secretary may transport water to such farmer,
rancher, or political subdivision by methods which include, but are
not limited to, small-diameter emergency water lines and tank
trucks, until such time as the Secretary determines that an
adequate supply of water is available to such farmer, rancher, or
political subdivision.
(3)(A) Any agreement entered into by the Secretary pursuant to
paragraph (1) of this subsection shall require the farmer, rancher,
or political subdivision for whom the well is constructed to pay to
the United States the reasonable cost of such construction, with
interest, over such number of years, not to exceed thirty, as the
Secretary deems appropriate. The rate of interest shall be that
rate which the Secretary determines would apply if the amount to be
repaid was a loan made pursuant to section 636(b)(2) of title 15.
(B) The Secretary shall not construct any well pursuant to this
subsection unless the farmer, rancher, or political subdivision for
whom the well is being constructed has obtained, prior to
construction, all necessary State and local permits.
(4) The Federal share for the transportation of water pursuant to
paragraph (2) of this subsection shall be 100 per centum.
(5) For purposes of this subsection -
(A) the term "construction" includes construction,
reconstruction, or repair;
(B) the term "distressed area" means an area which the
Secretary determines due to drought conditions has an inadequate
water supply which is causing, or is likely to cause, a
substantial threat to the health and welfare of the inhabitants
of the area including threat of damage or loss of property;
(C) the term "political subdivision" means a city, town,
borough, county, parish, district, association, or other public
body created by or pursuant to State law and having jurisdiction
over the water supply of such public body;
(D) the term "reasonable cost" means the lesser of (i) the cost
to the Secretary of constructing a well pursuant to this
subsection exclusive of the cost of transporting equipment used
in the construction of wells, or (ii) the cost to a private
business of constructing such well;
(E) the term "Secretary" means the Secretary of the Army,
acting through the Chief of Engineers; and
(F) the term "State" means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Trust Territory of the Pacific Islands.
(c) Levee owners manual
(1) In general
Not later than 1 year after October 12, 1996, in accordance
with chapter 5 of title 5, the Secretary of the Army shall
prepare a manual describing the maintenance and upkeep
responsibilities that the Corps of Engineers requires of a non-
Federal interest in order for the non-Federal interest to
receive Federal assistance under this section. The Secretary
shall provide a copy of the manual at no cost to each non-Federal
interest that is eligible to receive Federal assistance under
this section.
(2) Authorization of appropriations
There is authorized to be appropriated $1,000,000 to carry out
this subsection.
(3) Definitions
In this subsection, the following definitions apply:
(A) Maintenance and upkeep
The term "maintenance and upkeep" means all maintenance and
general upkeep of a levee performed on a regular and consistent
basis that is not repair and rehabilitation.
(B) Repair and rehabilitation
The term "repair and rehabilitation" -
(i) means the repair or rebuilding of a levee or other
flood control structure, after the structure has been damaged
by a flood, to the level of protection provided by the
structure before the flood; but
(ii) does not include -
(I) any improvement to the structure; or
(II) repair or rebuilding described in clause (i) if, in
the normal course of usage, the structure becomes
structurally unsound and is no longer fit to provide the
level of protection for which the structure was designed.