US Army Corps of Engineers
Albuquerque District

Public Law 84-99

 

 

 U.S. Army Corps of Engineers

2012 PL 84-99 Fact Sheet

POC:  Albuquerque District Readiness and Contingency Operations Branch 24/7 Number:  505-342-3686

 

PURPOSE:  This fact sheet explains in general the assistance that can be provided from the U.S. Army Corps of Engineers (USACE) under Public Law 84-99(PL 84-99) and the correct process that must be followed to request Federal Assistance.   

BACKGROUND:  USACE emergency assistance under PL 84-99 during flood events will be of a temporary nature to meet the immediate threat and will be undertaken only to supplement State and Local efforts.  State, tribal, and local interests must commit all available resources, i.e. work force, supplies, equipment, funds, National Guard assets, etc., as a general condition of USACE assistance.  USACE emergency efforts are not intended to provide permanent solutions to flood problems and are provided strictly for the protection of public facilities and infrastructure.  In order to best serve our stakeholders, and by law of PL 84-99, requests for assistance to USACE may be received from the State Emergency Management Agency or tribes only.  In the past, several communities have come directly to USACE for assistance; In these instances, USACE will be directing those communities to follow the process, outlined below, to request resources.  The proper procedure is to request assistance through the local, county, and then State emergency management offices.  The tribes may come directly to USACE.  The request must include a detailed assessment of the resources committed, the current actions of the locals/County/State, what type of assistance is requested, point of contact and specific details on exactly what the community is looking for in assistance.   

PL 84-99 ADVANCED MEASURES – TECHNICAL ASSISTANCE (Class 520):

Overview: USACE is authorized to provide supplemental technical assistance prior to the event for Communities threatened with imminent flooding potential.  Assistance is provided to protect life and protection of public facilities/infrastructure.  Assistance requires HQUSACE approval.

 

            ·         State Emergency Management Agency/Tribal letter requesting assistance  required

 

            ·         Evaluate flood threat to area

 

            ·         Supplement data collection efforts

 

·         Inspect existing Flood Control Works and identify problems

 

·         Provide engineering technical services

 

·         Provide information for local contingency/flood fight plans

PL 84-99 ADVANCED MEASURES – DIRECT ASSISTANCE (Class 510):

Overview: USACE is authorized to provide supplemental direct assistance prior to the event for Communities threatened with imminent flooding potential.  Assistance is provided to protect life and protection of public facilities/infrastructure.  Assistance requires HQUSACE approval.

 

§  Governor/Tribal letter requesting assistance required

 

§  State, County, and Local Emergency Declarations have been made.

 

§  Supplemental to State and Local efforts

 

§  Conduct field investigations/data collection

 

§  Provide emergency construction of protective measures i.e. temporary levees

 

§  Project Information Report approved by HQUSACE

 

§  Project economically feasible and constructible before flood

 

§  Imminent threat of unusual flooding – forecasted by National Weather Service

 

§  Benefit-cost ratio greater than 1.0

 

§  Project Cooperation Agreement (PCA) required -Locals are physically and fiscally responsible for removal of all temporary flood protection features at the end of the event

 

§  Applicants must furnish all borrow, lands, rights, easements, and right-of-ways

 

§  Applicants must make necessary relocations -Hold harmless the U.S. Federal Government free from damages. -Applicants must provide traffic control during construction

 

§  Applicants must provide monitoring for levees and pumping operations.

 

PL 84-99 EMERGENCY OPS FLOOD FIGHTING – TECHNICAL ASSISTANCE (Class 210):

Overview: This authority is initiated during a flood event and rivers are either forecasted, at, or above flood stage.  Technical assistance consists of providing review and recommendations in support of State and Local efforts, and helping determine feasible solutions to uncommon situations.

 

·         Guidance on flood fight techniques and emergency construction methods from   experienced personnel -Provide experienced personnel to inspect existing flood protection projects to identify problem areas and recommend corrective measures

·         Provide hydraulic or hydrologic analysis, geotechnical evaluations, and stream data, maps, and historic flood or storm information.

PL 84-99 EMERGENCY OPS FLOOD FIGHTING – DIRECT ASSISTANCE (Class 210):

Overview: This authority is initiated during a flood event, when river are forecasted, at, or

above flood stage as predicted by the National Weather Service.

§  Assist or direct flood fight efforts

§  Conduct field investigations/data collection

§  Provide emergency flood fight supplies

§  Initiate emergency contracting for construction of protective measures i.e. temporary levees

 Requirements:

 

§  Supplemental to state/tribal/local government flood fight efforts

 

§  Impacts to urban areas or critical public infrastructure only

 

§  Temporary in nature and directed to the immediate threat

 

§  Request from local/counties must be made to the State Emergency Management Office for their review and processing

 

§  USACE must receive request from the State/Tribe to provide assistance

 

§  Loaned supplies and equipment(Pumps, sandbags, and Innovative flood barriers) must be returned in the same condition as it was when lent, replaced in kind, or reimbursement made to USACE.

 

§  Project economically feasible, reasonable, prudent and constructible before flood

 

§  Project Cooperation Agreement (PCA) required

 

§  Applicants/Locals are physically and fiscally responsible for removal of all temporary flood protection features at the end of the event

 

§  Applicants must furnish all borrow, lands, rights, easements, and right-of-ways

 

§  Applicants must make necessary relocations

 

§  Hold harmless the U.S. Federal Government free from damages.

 

§  Applicants must provide traffic control during construction

 

Applicants must provide monitoring for levees and pumping operatio