§ 701n. — Emergency response to natural disasters.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC701n]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 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.
(Aug. 18, 1941, ch. 377, Sec. 5, 55 Stat. 650; July 24, 1946, ch. 596,
Sec. 12, 60 Stat. 652; July 26, 1947, ch. 343, title II, Sec. 205(a), 61
Stat. 501; June 30, 1948, ch. 771, title II, Sec. 206, 62 Stat. 1182;
May 17, 1950, ch. 188, title II, Sec. 210, 64 Stat. 183; June 28, 1955,
ch. 194, 69 Stat. 186; Pub. L. 87-874, title II, Sec. 206, Oct. 23,
1962, 76 Stat. 1194; Pub. L. 93-251, title I, Sec. 82, Mar. 7, 1974, 88
Stat. 34; Pub. L. 95-51, Sec. 2, June 20, 1977, 91 Stat. 233; Pub. L.
99-662, title IX, Sec. 917, Nov. 17, 1986, 100 Stat. 4192; Pub. L. 100-
45, Sec. 9, May 27, 1987, 101 Stat. 323; Pub. L. 100-707, title I,
Sec. 109(m), Nov. 23, 1988, 102 Stat. 4709; Pub. L. 101-640, title III,
Sec. 302, Nov. 28, 1990, 104 Stat. 4633; Pub. L. 104-303, title II,
Sec. 202(e), (f), Oct. 12, 1996, 110 Stat. 3675.)
References in Text
The Disaster Relief and Emergency Assistance Act, referred to in
subsec. (a)(1), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as
amended, known as the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, which is classified principally to chapter 68 (Sec. 5121
et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 5121 of Title 42 and Tables.
Amendments
1996--Subsec. (a)(1). Pub. L. 104-303, Sec. 202(e), in first
sentence, inserted ``, or in implementation of nonstructural
alternatives to the repair or restoration of such flood control work if
requested by the non-Federal sponsor''.
Subsec. (c). Pub. L. 104-303, Sec. 202(f), added subsec. (c).
1990--Subsec. (a)(1). Pub. L. 101-640 substituted ``preparation for
emergency response to any natural disaster'' for ``flood emergency
preparation'' and inserted provision permitting the emergency fund to be
used for emergency dredging for restoration of authorized depths for
Federal navigable channels and waterways made necessary by flood,
drought, earthquake, or other natural disasters.
1988--Subsec. (a)(1). Pub. L. 100-707 substituted ``and Emergency
Assistance Act'' for ``Act of 1974''.
1987--Subsec. (a). Pub. L. 100-45 designated existing provisions as
par. (1) and added par. (2).
1986--Subsec. (a). Pub. L. 99-662 inserted provision relating to
authority of the Chief of Engineers, when the Governor of an affected
State requests a determination that an emergency or major disaster
exists, 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, and substituted ``clean water'' for
``clean drinking water'' and ``contaminated water'' for ``contaminated
drinking water''.
1977--Pub. L. 95-51 designated existing provisions as subsec. (a)
and added subsec. (b).
1974--Pub. L. 93-251 struck out limitation of emergency fund to
$15,000,000, provided for emergency supplies of clean drinking water to
localities confronted with source of contaminated drinking water, and
substituted in proviso ``of sums to such emergency fund'' for ``of said
sum''.
1962--Pub. L. 87-874 authorized expenditures from the emergency fund
for the protection of federally authorized hurricane or shore protection
being threatened when such is warranted to protect against imminent and
substantial loss to life and property, and for the repair and
restoration of any such federally authorized hurricane or shore
protective structure damaged or destroyed by wind or water action of an
extraordinary nature when such is warranted for the adequate functioning
of the structure for hurricane or shore protection.
1955--Act June 28, 1955, authorized expenditure for flood emergency
preparation and eliminated the requirement of maintenance of flood
control works threatened by flood.
1950--Act May 17, 1950, expanded scope of work considered under
emergency repairs to flood-control structures, and substituted
``$15,000,000'' for ``$2,000,000''.
1948--Act June 30, 1948, inserted provisions relating to the
strengthening, extending, or modification of flood-control works.
1946--Act July 24, 1946, substituted ``$2,000,000'' for
``$1,000,000''.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Vegetation Management Guidelines
Section 202(g) of Pub. L. 104-303 provided that:
``(1) Review.--The Secretary shall undertake a comprehensive review
of the current policy guidelines on vegetation management for levees.
The review shall examine current policies in view of the varied
interests in providing flood control, preserving, protecting, and
enhancing natural resources, protecting the rights of Native Americans
pursuant to treaty and statute, and such other factors as the Secretary
considers appropriate.
``(2) Cooperation and consultation.--The review under this section
[subsection] shall be undertaken in cooperation with interested Federal
agencies and in consultation with interested representatives of State
and local governments and the public.
``(3) Revision of guidelines.--Based upon the results of the review,
the Secretary shall revise, not later than 270 days after the date of
the enactment of this Act [Oct. 12, 1996], the policy guidelines so as
to provide a coherent and coordinated policy for vegetation management
for levees. Such revised guidelines shall address regional variations in
levee management and resource needs and shall be incorporated in the
manual proposed under section 5(c) of such Act of August 18, 1941 (33
U.S.C. 701n[(c)]).''
Section Referred to in Other Sections
This section is referred to in sections 467n, 702a-12 of this title.
