[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Rules and Regulations]
[Pages 36467-36469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15305]


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DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army

33 CFR Part 203

RIN 0710-AA47


Natural Disaster Procedures: Preparedness, Response, and Recovery 
Activities of the Corps of Engineers; Correction

AGENCY: Army Corps of Engineers, DoD.

ACTION: Final rule; correction.

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SUMMARY: The Corps promulgated a final rule to revise 33 CFR part 203. 
This file rule was published in the Federal Register on April 21, 2003, 
with inadvertent errors in section 203.62. The final rule completes the 
rulemaking process initiated on February 26, 2002, with publication of 
the proposed rule to revise 33 CFR part 203, which implements Pub. L. 
84-99. The revisions are necessary to reflect current policy, add 
features required by the Water Resources Development Act of 1996 (WRDA 
96), and streamline certain procedures concerning Corps authority 
addressing disaster preparedness, response, and recovery activities. 
WRDA 96 additions include the option to provide nonstructural 
alternatives in lieu of structural repairs to levees damaged by flood 
events, and the provision of a levee owner's manual. Other significant 
changes include expansion of investigation ability for potential 
Advance Measures work, and a streamlined approach for requests for 
assistance from Native American tribes and Alaska Native Corporations.

DATES: This rule became effective on May 21, 2003.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey D. Jensen, Headquarters, 
U.S. Army Corps of Engineers, Civil Emergency Management Branch, CECW-
HS-E, at (202) 761-4561.

SUPPLEMENTARY INFORMATION:
    I. Background. Section 203.62 is corrected by redesignation of the 
second paragraph (d) ``Guidance'' as paragraph (e) and paragraph (e) 
``Guidance-transport of water'' as paragraph (f) and

[[Page 36468]]

paragraph (f) ``Request for assistance'' as paragraph (g).

    Dated: June 2, 2003.
Lawrence A. Lang,
Acting Chief, Operations Division, Directorate of Civil Works.

0
Accordingly, 33 CFR part 203 section 203.62 is correctly revised as 
follows:

PART 203--EMERGENCY EMPLOYMENT OF ARMY AND OTHER RESOURCES, NATURAL 
DISASTER PROCEDURES


Sec.  203.62  Drought assistance.

    (a) Authority. The Chief of Engineers, acting for the Secretary of 
the Army, has the authority under certain statutory conditions to 
construct wells for farmers, ranchers, political subdivisions, and to 
transport water to political subdivisions, within areas determined to 
be drought-distressed.
    (b) General policy. (1) It is a non-Federal responsibility for 
providing an adequate supply of water to local inhabitants. Corps 
assistance to provide emergency water supplies will only be considered 
when non-Federal interests have exhausted reasonable means for securing 
necessary water supplies, including assistance and support from other 
Federal agencies.
    (2) Before Corps assistance is considered under this authority, the 
applicability of other Federal assistance authorities must be 
evaluated. If these programs cannot provide the needed assistance, then 
maximum coordination should be made with appropriate agencies in 
implementing Corps assistance.
    (c) Governor's request. A letter signed by the Governor, requesting 
Corps assistance and addressing the State's commitments and 
capabilities with response to the emergency situation, is required. All 
requests should identify the following information:
    (1) A description of local and State efforts undertaken. A 
verification that all available resources have been committed, to 
include National Guard assets.
    (2) Identification of the specific needs of the State, and the 
required Corps assistance.
    (3) Identification of the additional commitments to be accomplished 
by the State.
    (4) Identification of the project sponsor(s).
    (d) Definitions applicable to this section.
    (1) Construction. This term includes initial construction, 
reconstruction, or repair.
    (2) Drought-distressed area. An area that the Secretary of the Army 
determines, due to drought conditions, has an inadequate water supply 
that is causing, or is likely to cause, a substantial threat to the 
health and welfare of the inhabitants of the impacted area, including 
the threat of damage or loss of property.
    (3) Eligible applicant. Any rancher, farmer or political 
subdivision within a designated drought-distressed area that is 
experiencing an inadequate supply of water due to drought.
    (4) Farmer or rancher. An individual who realizes at least one-
third of his or her gross annual income from agricultural sources, and 
is recognized in the community as a farmer or rancher. A farming 
partnership, corporation, or similar entity engaged in farming or 
ranching, which receives its majority income from such activity, is 
also considered to be a farmer or rancher, and thus an eligible 
applicant.
    (5) Political subdivision. A city, town, borough, county, parish, 
district, association, or other public body created by, or pursuant to, 
Federal or State law, having jurisdiction over the water supply of such 
public body.
    (6) Reasonable cost. In connection with the Corps construction of a 
well, means the lesser of:
    (i) The cost of the Chief of Engineers to construct a well in 
accordance with these regulations, exclusive of:
    (A) The cost of transporting equipment used in the construction of 
wells, and
    (B) The cost of investigation and report preparation to determine 
the suitability to construct a well, or,
    (ii) The cost to a private business of constructing such a well.
    (7) State. Any State, the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, Northern Marianas Islands, 
American Samoa, and the Trust Territory of the Pacific Islands.
    (e) Guidance--construction of wells. (1) Assistance to an eligible 
applicant for the construction of a well may be provided on a cost-
reimbursable basis if:
    (i) It is in response to a written request by a farmer, rancher, or 
political subdivision for construction of a well under Public Law 84-
99.
    (ii) The applicant is located within an area that the Secretary of 
the Army has determined to be drought-distressed.
    (iii) The Secretary of the Army has made a determination that:
    (A) The applicant, as a result of the drought, has an inadequate 
supply of water.
    (B) An adequate supply of water can be made available to the 
applicant through the construction of a well.
    (C) As a result of the drought, a private business could not 
construct the well within a reasonable time.
    (iv) The applicant has secured the necessary funding for well 
construction from commercial or other sources, or has entered into a 
contract to pay to the United States the reasonable cost of such 
construction with interest over a period of years, not to exceed 30, as 
the Secretary of the Army deems appropriate.
    (v) The applicant has obtained all necessary Federal, State and 
local permits.
    (2) The financing of the cost of construction of a well by the 
Corps under this authority should be secured by the project applicant.
    (3) The project applicant will provide the necessary assurances of 
local cooperation by signing a Cooperation Agreement (subpart G of this 
part) prior to the start of Corps work under this authority.
    (4) Equipment owned by the United States will be utilized to the 
maximum extent possible in exercising the authority to drill wells, but 
can only be used when commercial firms cannot provide comparable 
service within the time needed to prevent the applicant from suffering 
significantly increased hardships from the effects of an inadequate 
water supply.
    (f) Guidance-transport of water. (1) Assistance to an applicant in 
the transportation of water may be provided if:
    (i) It is in response to a written request by a political 
subdivision for transportation of water.
    (ii) The applicant is located within an area that the Secretary of 
the Army has determined to be drought-distressed.
    (iii) The Secretary of the Army has made a determination that, as a 
result of the drought, the applicant has an inadequate supply of water 
for human consumption, and the applicant cannot obtain water.
    (2) Transportation of water by vehicles, small diameter pipe line, 
or other means will be at 100 percent Federal cost.
    (3) Corps assistance in the transportation of emergency water 
supplies will be provided only in connection with water needed for 
human consumption. Assistance will not be provided in connection with 
water needed for irrigation, recreation, or other non-life supporting 
purposes, or livestock consumption.
    (4) Corps assistance will not include the purchase of water, nor 
the cost of loading or discharging the water into or from any 
Government conveyance, to include Government-leased conveyance.

[[Page 36469]]

    (5) Equipment owned by the United States will be utilized to the 
maximum extent possible in exercising the authority to transport water, 
consistent with lowest total Federal cost.
    (g) Request for assistance. A written request must be made to the 
district commander with Civil Works responsibility for the affected 
area. Upon receipt of a written request, the appropriate State and 
Federal agencies will be notified, and coordination will continue as 
appropriate throughout the assistance.

[FR Doc. 03-15305 Filed 6-17-03; 8:45 am]
BILLING CODE 3710-92-P