Facility Restorations

Flood Control Works

Detailed Discussion

Flood Control Works are facilities constructed for the purpose of eliminating or reducing  the threat  of flooding. Examples include:

 Protective levees

 Floodwalls

 Flood control channels

 Dams designed for flood control

Funds for the repair of flood control works are available through the U.S. Army Corps of Engineers’  (USACE’s) PL 84-99 program  and the Natural Resources Conservation Service’s Emergency Watershed Protection program. Because the repair  of flood control  works falls under  the authority of other Federal  agencies,  FEMA cannot  provide public  assistance funds  for the permanent repair of flood control works. This restriction applies even if funding is not available from the other agencies.

FEMA may, however, provide funds for certain emergency measures involving flood control works. These measures are described below.

 Debris Removal: Removal of debris (for example, from a channel) is eligible if it is necessary to reduce  an immediate  threat  of damage to improved property.

 Flood Fighting: Activities such as sandbagging,  pumping behind  a levee to protect improved property, and increasing the height of a levee to prevent overtopping  are eligible. Removal of temporary levees constructed as emergency protective measures also may be claimed.

 Emergency Repair: Emergency repairs, such as stabilizing a breach in a levee, are eligible if they are necessary to save lives, to protect public health and safety, or to lessen or eliminate  the immediate  threat  of additional  damage to improved property. Funding is limited to work necessary to provide protection from a storm that has a 20% chance

of occurring  in a given year or to provide the pre-disaster level of protection, whichever is less.

If a facility is enrolled in the USACE’s PL 84-99 program,  FEMA cannot provide assistance for emergency repairs to the facility because the USACE can provide that assistance. If FEMA provides funds for emergency repairs for a non- enrolled facility, the applicant  must agree to enroll the subject facility in the USACE program.  FEMA will not fund repairs on a facility that was previously given FEMA emergency repair assistance. FEMA also will not provide assistance for emergency repairs to that facility in a subsequent disaster.

Water Control Facilities are  those facilities built  for  the following purposes:

 

† Channel alignment

 

† Recreation

 

† Navigation

 

† Land reclamation

 

† Maintenanceof fish and wildlife habitat

 

† Interior drainage

 

† Irrigation

 

† Erosion  prevention

 

† Flood control

 

They include: dams and reservoirs, levees, lined and unlined engineered drainage channels,canals, aqueducts, sediment basins, shore protective devices, irrigation facilities(although PNP irrigation facility eligibility is limited), and pumping facilities.

 

Public assistanceeligibility is limited for facilities built specifically for flood control (e.g., dams, levees, and flood control channels) (see Flood Control Works). Those built for other purposesas listed aboveare evaluated as any other eligible facility. (See Categories of Work.)

 Funds for the repair of flood control works  are available through the U.S. Army Corps of Engineers’ (USACE’s) PL 84-99  program and the Natural Resources Conservation Service’s Emergency Watershed  Protection program. Because the repair of flood control works falls under the  authority of other Federal agencies, FEMA cannot provide public assistance  funds for the permanent repair of flood control works. This restriction  applies even if funding is not available from the other agencies.
   FEMA may, however, provide funds for certain  emergency measures involving flood control works. These measures are  described below.
   †  Debris Removal: Removal of debris (for example, from a channel) is eligible if  it is necessary to reduce an immediate threat of damage to improved  property.
   †  Flood Fighting: Activities such as sandbagging, pumping behind a levee to  protect improved property, and increasing the height of a levee to prevent  overtopping are eligible. Removal of temporary levees constructed as  emergency protective measures also may be claimed.
   †  Emergency  Repair: Emergency repairs, such as stabilizing a  breach in a levee, are eligible if they are necessary to save lives, to  protect public health and safety, or to lessen or eliminate the immediate  threat of additional damage to improved property. Funding is limited to work  necessary to provide protection from a storm that has a 20% chance of  occurring in a given year or to provide the pre-disaster level of protection,  whichever is less.
   If a facility is enrolled in the USACE’s PL  84-99 program, FEMA cannot provide assistance for emergency repairs to the  facility because the USACE can provide that assistance. If FEMA provides  funds for emergency repairs for a non- enrolled facility, the applicant must  agree to enroll the subject facility in the USACE program. FEMA will not fund  repairs on a facility that was previously given FEMA emergency repair  assistance. FEMA also will not provide assistance for emergency repairs to  that facility in a subsequent disaster.
   (See also Water  Control Facilities.)
   References:   Section 312 of the Stafford Act
   44 CFR §206.224, §206.225 and §206.226(a)
   Policy for Rehabilitation Assistance for Levees  and Other Flood Control Works, FEMA Policy 9524.3, dated August 17,  1999
   Public Assistance Guide, FEMA 322, pages 24-25,  82


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