PART 203—EMERGENCY EMPLOYMENT OF ARMY AND OTHER RESOURCES, NATURAL DISASTER PROCEDURES Authority: 33 U.S.C. 701n. Source: 68 FR 19359, Apr. 21, 2003, unless otherwise noted. Subpart A—Introduction § 203.11 Purpose. This part prescribes administrative policies, guidance, and operating procedures for natural disaster preparedness, response, and recovery activities of the United States Army Corps of Engineers. § 203.12 Authority. Section 5 of the Flood Control Act of 1941, as amended, (33 U.S.C. 701n) (69 Stat. 186), commonly and hereinafter referred to as Public Law 84-99, authorizes an emergency fund to be expended at the discretion of the Chief of Engineers for: preparation for natural disasters; flood fighting and rescue operations; repair or restoration of flood control works threatened, damaged, or destroyed by flood, or nonstructural alternatives thereto; emergency protection of federally authorized hurricane or shore protection projects which are threatened, when such protection is warranted to protect against imminent and substantial loss to life and property; and repair and restoration of federally authorized hurricane or shore protection projects damaged or destroyed by wind, wave, or water of other than ordinary nature. The law includes provision of emergency supplies of clean water when a contaminated source threatens the public health and welfare of a locality, and activities necessary to protect life and improved property from a threat resulting from a major flood or coastal storm. This law authorizes the Secretary of the Army (Secretary) to construct wells and to transport water within areas determined by the Secretary to be drought-distressed. The Secretary of the Army has delegated the authority vested in the Secretary under Public Law 84-99 through the Assistant Secretary of the Army (Civil Works) to the Chief of Engineers, subject to such further direction as the Secretary may provide. § 203.13 Available assistance. Corps assistance provided under authority of Public Law 84-99 is intended to be supplemental to State and local efforts. The principal assistance programs and activities of the Corps are described in this section. (a) Disaster preparedness. (b) Emergency operations. (c) Rehabilitation. i.e., (d) Emergency water supplies due to contaminated water source. (e) Drought assistance. (f) Advance Measures. § 203.14 Responsibilities of non-Federal interests. Non-Federal interests, which include State, county and local governments; federally recognized Indian Tribes; and Alaska Native Corporations, are required to make full use of their own resources before Federal assistance can be furnished. The National Guard, as part of the State's resources when it is under State control, must be fully utilized as part of the non-Federal response. Non-Federal responsibilities include the following: (a) Disaster preparedness. (1) Operation and maintenance of flood control works; (2) Procurement and stockpiling of sandbags, pumps, and/or other materials or equipment that might be needed during flood situations; (3) Training personnel to operate, maintain, and patrol projects during crisis situations, and preparation of plans to address emergency situations; (4) Taking those actions necessary for flood control works to gain and maintain an Active status in the Corps Rehabilitation and Inspection Program (RIP), as detailed in subpart D of this part; and, (5) Responsible regulation, management, and use of floodplain areas. (b) Emergency operations. (c) Rehabilitation of non-Federal flood control projects. (d) Rehabilitation of Federal flood control projects. Note: (e) Emergency water supplies due to contaminated water source. (f) Drought assistance. (g) Advance Measures. § 203.15 Definitions. The following definitions are applicable throughout this part: Federal project. Flood control project: Governor. Hurricane/Shore Protection Project (HSPP). i.e., Non-Federal project. et seq. Non-Federal sponsor. Repair and rehabilitation. § 203.16 Federally recognized Indian Tribes and the Alaska Native Corporations. Requests for Public Law 84-99 assistance on tribal lands held in trust by the United States, or on lands of the Alaska Natives, may be submitted to the Corps directly by the affected federally recognized Indian Tribe or Alaska Native Corporation, or through the appropriate regional representative of the Bureau of Indian Affairs, or through the Governor of the State. Subpart B—Disaster Preparedness § 203.21 Disaster preparedness responsibilities of non-Federal interests. Disaster preparedness is a basic tenet of State and local responsibility. Assistance provided under authority of Public Law 84-99 is intended to be supplemental to the maximum efforts of State and local interests. Assistance under Public Law 84-99 will not be provided when non-Federal interests have made insufficient efforts to address the situation for which assistance is requested. Assistance under Public Law 84-99 will not be provided when a request for such assistance is based entirely on a lack of fiscal resources with which to address the situation. Non-Federal interests' responsibilities are addressed in detail as follows: (a) Operation and maintenance of flood control works. (b) Procurement/stockpiling. (c) Training and plans. (d) Corps Rehabilitation and Inspection Program for Flood Control Works. Subpart C—Emergency Operations § 203.31 Authority. Emergency operations under Public Law 84-99 apply to Flood Response and Post Flood Response activities. Flood Response activities include flood fighting, rescue operations, and protection of Corps-constructed hurricane/shore protection projects. Post Flood Response activities include certain limited activities intended to prevent imminent loss of life or significant public property, or to protect against significant threats to public health and welfare, and are intended to bridge the time frame between the occurrence of a disaster and the provision of disaster relief efforts under authority of The Stafford Act. (a) Flood Response. (b) Post Flood Response. § 203.32 Policy. Prior to, during, or immediately following flood or coastal storm activity, emergency operations may be undertaken to supplement State and local activities. Corps assistance is limited to the preservation of life and property, i.e., (a) Flood Response. (1) Corps assistance may include operational control of flood response activities, if requested by the responsible tribal, State, or local official. However, legal responsibility always remains with the tribal, State, and local officials. (2) Corps assistance will be terminated when the flood waters recede below bankfull, absent a short term threat (e.g., a significant storm front expected to arrive within a day or two) likely to cause additional flooding. (3) Removal of ice jams is a local responsibility. Corps technical advice and assistance, as well as assistance with flood fight operations, can be provided to supplement State and local efforts. The Corps will not perform ice jam blasting operations for local interests. (b) Post Flood Response. (c) Loan or issue of supplies and equipment. (2) Equipment that is lent will be returned to the Corps immediately after the flood operation ceases, in a fully maintained condition, or with funds to pay for such maintenance. The Corps may waive the non-Federal interest's responsibility to pay for or perform maintenance if a Stafford Act Presidential emergency or disaster declaration has already been made for the affected locality, and the waiver is considered feasible and reasonable. (3) Expendable supplies that are lent, such as sandbags, will be replaced in kind, or paid for by local interests. The Corps may waive the local interest's replacement/payment if a Stafford Act Presidential disaster declaration has been made for the affected locality, and the waiver is considered feasible and reasonable. All unused expendable supplies will be returned to the Corps when the operation is terminated. Subpart D—Rehabilitation Assistance for Flood Control Works Damaged by Flood or Coastal Storm: The Corps Rehabilitation and Inspection Program § 203.41 General. (a) Authority. (1) Flood control projects. (2) Federally authorized and constructed hurricane/shore protection projects. (b) Implementation of authority. i.e., (c) Active status. (d) Modification of flood control projects. § 203.42 Inspection of non-Federal flood control works. (a) Required inspections. (1) Corps involvement with any non-Federal flood control work normally begins when the sponsor requests an IEI. The Corps will conduct an IEI to determine if the flood control work meets minimum engineering and maintenance standards and is capable of providing the intended degree of flood protection. An Acceptable or Minimally Acceptable rating (see § 203.48) on the IEI is required to allow the project to gain an Active status in the RIP. (2) CEI's are conducted periodically to ensure that projects Active in the RIP continue to meet Corps standards, and to determine if the sponsor's maintenance program is adequate. A rating of Acceptable or Minimally Acceptable (see § 203.48) on a CEI is required in order to retain an Active status in the RIP. (b) Advice and reporting. (1) Non-Federal sponsors will be informed that an IEI rating of Unacceptable will cause the flood control work to remain in an Inactive status, and ineligible for Rehabilitation Assistance. (2) Non-Federal sponsors will be informed that a CEI rating of Unacceptable will cause the flood control work to be placed in an Inactive status, and ineligible for Rehabilitation Assistance. (3) Non-Federal sponsors will be informed that maintenance deficiencies found during CEI's may negatively impact on eligibility of future Rehabilitation Assistance, and the degree of local cost-sharing participation in any proposed work. Follow-up inspections can be made by the Corps to monitor progress in correcting deficiencies when warranted. § 203.43 Inspection of Federal flood control works. (a) Required inspections. Note: (b) Advice and reporting. § 203.44 Rehabilitation of non-Federal flood control works. (a) Scope of work. (b) Eligibility for Rehabilitation Assistance. (c) Work at non-Federal expense. (d) Nonconforming works. (e) Cooperation Agreements. § 203.45 Rehabilitation of Federal flood control works. Rehabilitation of Federal flood control projects will be identical to rehabilitation of non-Federal projects (§ 203.44), except for those conditions contained in subpart G of this part concerning cooperation agreements, when the original PCA for the Federal project is sufficient. Additional requirements for Hurricane/Shore Protection Projects are covered in § 203.49. § 203.46 Restrictions. (a) Restrictions to flood control works. (b) Non-flood related rehabilitation. (c) Maintenance and deterioration deficiencies. (d) Economic justification. § 203.47 Modifications to non-Federal flood control works. Modifications necessary to preserve the structural integrity of existing non-Federal projects may be constructed at additional Federal and non-Federal expense in conjunction with approved rehabilitation work. The additional Federal cost will be limited to not more than one-third of the estimated Federal construction cost of rehabilitation to preflood level of protection, or $100,000, whichever is less. The modification work must be economically justified. Non-Federal interests are required to contribute a minimum of 25% of the total construction costs of the modification, LERRD's, and any additional funds necessary to support the remaining cost of the modification beyond what the Corps can provide. Engineering and design costs will be at Corps cost. (a) Cash contributions. (b) Protection of additional areas. § 203.48 Inspection guidelines for non-Federal flood control works. (a) Intent. (b) Level of detail. (c) Purposes. (d) Inspection components Hydrologic/hydraulic analyses. (2) Geotechnical analyses. (3) Maintenance. (4) Other structural features. (e) Ratings. Rating Assessment A—Acceptable No immediate work required, other than routine maintenance. The flood control project will function as designed and intended, and necessary cyclic maintenance is being adequately performed. M—Minimally Acceptable One or more deficient conditions exist in the flood control project that need to be improved/corrected. However, the project will essentially function as designed and intended. U—Unacceptable One or more deficient conditions exist which can reasonably be foreseen to prevent the project from functioning as designed, intended, or required. (f) Sponsor reclama. § 203.49 Rehabilitation of Hurricane and Shore Protection Projects. (a) Authority. (b) Policies. (2) To be eligible for Rehabilitation Assistance, HSPP's must be: (i) A completed element of a Federally authorized project; or, (ii) A portion of a Federally authorized project constructed by non-Federal interests when approval of such construction was obtained from the Commander, Headquarters, U.S. Army Corps of Engineers (HQUSACE), or his designated representative; or, (iii) A portion of a Federally authorized project constructed by non-Federal interests and designated by an Act of Congress as a Federal project; and (3) Rehabilitation Assistance for sacrificial features will be limited to that necessary to reduce the immediate threat to life and property, or restoration to pre-storm conditions, whichever is less. (4) To be eligible for rehabilitation, the sacrificial features of an HSPP must be substantially eroded by wind, wave, or water action of an other than ordinary nature. The determination of whether a storm qualifies as extraordinary will be made by the Director of Civil Works, and may be delegated to the Chief, Operations Division, Directorate of Civil Works. (5) Rehabilitation will not be provided for uncompleted HSPP's. An HSPP (or separable portion thereof) is considered completed when transferred to the non-Federal sponsor for operation and maintenance. (6) Definition of extraordinary storm. (i) The cost of the construction effort to effect repair of the HSPP or separable element thereof (exclusive of dredge mobilization and demobilization costs) exceeds $1 million and is greater than two percent of the original construction cost (expressed in current day dollars) of the HSPP or separable element thereof; or, (ii) The cost of the construction effort to effect repair of the HSPP or separable element thereof (exclusive of dredge mobilization and demobilization costs) exceeds $6 million; or, (iii) More than one-third of the planned or historically placed sand for renourishment efforts for the HSPP (or separable element thereof) is lost. (c) Procedural requirements. (d) Combined rehabilitation and periodic nourishment. § 203.50 Nonstructural alternatives to rehabilitation of flood control works. (a) Authority. (b) Policy. (2) A sponsor is required for implementation of an NSAP. The NSAP sponsor must be either a non-Federal sponsor as defined in § 203.15, or another Federal agency. The NSAP sponsor must demonstrate that it has the legal authority and financial capability to provide for the required items of local cooperation. (3) The Corps shall not be responsible for the operation, maintenance, or management of any NSAP implemented in accordance with this section. (4) The Corps may, in its sole discretion, reject any request for an NSA that would: (i) Lead to significantly increased flood protection expenses or flood fighting expenses for public agencies, flood control works sponsors, public utilities, or the Federal Government; or, (ii) Threaten or have a significant adverse impact on the integrity, stability, or level of protection of adjacent or nearby flood control works; or, (iii) Lead to increased risk of loss of life or property during flood events. (5) The principal purposes of an NSAP are for: (i) Floodplain restoration; (ii) Provision or restoration of floodways; and, Note to paragraphs ( b i ii Habitat restoration is recognized as being a significant benefit that can be achieved with an NSAP, and may be a significant component of an NSAP, but is not considered to be a principal purpose under PL 84-99 authority. (iii) Reduction of future flood damages and associated flood control works repair costs. (c) Limitation on Corps expenditures. (d) Responsibilities of the NSAP non-Federal sponsor. (2) Provide, or arrange for and obtain, all funding required to implement the NSAP in excess of the limitation established in paragraph (c) of this section. (3) Accept the transfer of ownership of any lands or interests in lands acquired by the Corps and determined by the Corps to be necessary to implement the NSAP. (e) Responsibilities of other Federal agencies acting as NSAP sponsor. See (f) Responsibilities of the requesting flood control work project sponsor. (2) If not also the NSAP sponsor, the flood control work project sponsor must: (i) Divest itself of responsibility to operate and maintain the flood control work involved in the NSAP; and (ii) Provide to the NSAP sponsor such lands or interests in lands as it may have which the Corps determines are necessary to implement the NSAP. (g) Allowable Public Law 84-99 expenses for NSAP's. (2) Removal of structures, including manufactured homes, for salvage and/or reuse purposes. (3) Demolition and removal of structures, including utility connections and related items. (4) Debris removal and debris reduction. (5) Removal, protection, and/or relocation of highways, roads, utilities, cemeteries, and railroads. (6) Construction to promote, enhance, control, or modify water flows into, out of, through, or around the nonstructural project area. (7) Nonstructural habitat restoration, to include select planting of native and desirable plant species, native species nesting site enhancements, etc. (8) Total or partial removal or razing of existing reaches of levee, to include removal of bank protection features and/or riprap. (9) Protection/floodproofing of essential structures and facilities. (10) Supervision, administrative, and contract administration costs of other expenses allowed in this subparagraph. (h) Time limitation. (i) Participation and involvement of other Federal, State, tribal, local, and private agencies. (j) Future assistance. (k) Environmental considerations. (l) Requirements for Cooperation Agreement (CA)/Items of Local Cooperation Requirement for Local Cooperation. (2) The CA requirements of subpart G of this part are not applicable to NSAP's. (3) Items of Local Cooperation. (i) Provide without cost to the United States all borrow sites and dredged or excavated material disposal areas necessary for the project; (ii) Hold and save the United States free from damages due to the project, except for damages due to the fault or negligence of the United States or its contractor; and (iii) Maintain and operate the project after completion in a manner satisfactory to the Chief of Engineers. (4) Cost sharing. (5) Eligibility under other Federal programs. (6) Contributed funds. (7) Obligation of contributed funds. (8) Prohibition of future assistance. (9) Assurance of compliance with Executive Order 11988. (10) The CA must include a statement of legal restrictions placed on formerly protected lands that would preclude future use and/or development of such lands in a fashion incompatible with the purposes of the NSAP. (m) Acquisition of LERRD's. (2) For the acquisition of LERRD's, Corps funding may be combined with the funding of other Federal agencies, absent specific statutory language or principle prohibiting such combinations, under the terms of the MOA with other Federal agencies. § 203.51 Levee owner's manual. (a) Authority. (b) Policies Active non-Federal projects. (2) Federal projects. (c) Procedural requirements. § 203.52 [Reserved] Subpart E—Emergency Water Supplies: Contaminated Water Sources and Drought Assistance § 203.61 Emergency water supplies due to contaminated water source. (a) Authority. (b) Policies. (2) Eligibility for assistance will be based on one or more of the following factors: (i) The maximum contaminant level or see (ii) The water supply has been identified as a source of illness by a tribal, State, or Federal public health official. The specific contaminant does not have to be identified. (iii) An emergency (e.g., a flood or chemical spill) has occurred that has resulted in either: one or more contaminants entering the source on a sufficient scale to endanger health; or, the emergency has made inoperable the equipment necessary to remove known contaminants. (iv) The presence of a contaminant is indicated on the basis of other information available. (3) Corps assistance will be directed toward the provision of the minimum amount of water required to maintain the health and welfare requirements of the affected population. The quantity of water and the means of distribution will be at the discretion of the responsible Corps official, who will consider the needs of the individual situation, the needs of the affected community, and the cost effectiveness of providing water by various methods. (4) If a locality has multiple sources of water, assistance will be furnished only to the extent that the remaining sources, with reasonable conservation measures, cannot provide adequate supplies of drinking water. (5) Loss of water supply is not a basis for assistance under this authority. (6) Water will not be furnished for commercial processes, except as incidental to the use of existing distribution systems. This does not prohibit the furnishing of water for drinking by employees and on-site customers. Water for preparing retail meals and similar personal needs may be provided to the extent it would be furnished to individuals. (7) The permanent restoration of a safe supply of drinking water is the responsibility of local interests. (8) Corps assistance is limited to 30 days, and requires the local interests to provide assurances of cooperation in a CA. ( See (9) State, tribal, and local governments must make full use of their own resources, including National Guard capabilities. (c) Governor's request. (1) Describe the local and State efforts undertaken. Verify that all reasonably available resources have been committed. (2) Identify the specific needs of the State, and the required Corps assistance. (3) Identify additional commitments to be accomplished by the State. (4) Identify the project sponsor(s). (d) Non-Federal responsibilities. § 203.62 Drought assistance. (a) Authority. (b) General policy. (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. (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 Construction. (2) Drought-distressed area. (3) Eligible applicant. (4) Farmer or rancher. (5) Political subdivision. (6) Reasonable cost. (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. (e) Guidance—construction of wells. (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. (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. (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. [68 FR 36468, June 18, 2003] Subpart F—Advance Measures § 203.71 Policy. Advance Measures consists of those activities performed prior to a flood event, or potential flood event, to protect against loss of life and/or significant damages to improved property from flooding. Emergency work under this authority will be considered when requested by the Governor of a State confronted with an imminent threat of unusual flooding. Corps assistance will be to complement the maximum efforts of tribal, State, and local authorities. Projects will be designed for the specific threat, normally of expedient-type construction, and typically temporary in nature. § 203.72 Eligibility criteria and procedures. (a) Threat of flooding. imminent unusual (b) Governor's request. (1) Describe the non-Federal efforts undertaken. Verify that all available resources have been committed. (2) Identify the specific needs, and the required Corps assistance. (3) Identify additional commitments to be accomplished by the non-Federal interests. (4) Identify the non-Federal sponsor(s). (c) Feasibility. (d) Economic justification. (e) Local cooperation/responsibilities. (f) Contingency planning efforts for potential Advance Measures activities. (g) Definitions Imminent threat. (2) Unusual flooding. Subpart G—Local Interests/Cooperation Agreements § 203.81 General. (a) Requirements for Cooperation Agreements. (b) Request for assistance. (2) Before furnishing assistance (other than short term technical assistance) under Advance Measures, or under Emergency Water Supplies, the district/division commander must receive a request, signed by the Governor (or the Governor's representative for Emergency Water assistance due to a contaminated source), identifying the problem, verifying that all available State and local resources have been committed, and requesting Federal assistance. § 203.82 Requirements of local cooperation. It is Corps policy that provision of assistance under Public Law 84-99 will, insofar as feasible, require local interests to: provide without cost to the United States all LERRD's necessary for the authorized work; hold and save the United States free from damages due to the authorized work, exclusive of damages due to the fault or negligence of the United States or its contractor; maintain and operate, in a manner satisfactory to the Chief of Engineers, all the works after completion. When assistance includes the construction of temporary protective works, the maintain and operate clause is modified by adding (or substituting, as applicable) the requirement for local interests to remove any temporary works constructed by the Corps under Public Law 84-99. If any permanent works are constructed, then the sponsor is required to operate and maintain the project in accordance with requirements determined by the Corps. (a) Furnishing of LERRD's. (b) Hold and save clause. (c) Maintain and operate clause. (d) Removal of temporary works. (e) Request for retention of temporary flood control works. (f) Cost sharing. (2) For those unusual occasions where permanent construction (vice the temporary standard) for Advance Measures projects is employed, the local sponsor will normally be required to provide 25 percent of the project cost, in addition to LERRD's. § 203.83 Additional requirements. (a) Maintenance deficiencies. (b) Areas of minor damage, flood control works. (c) Minor completion items. (d) Adequacy of requirements of local cooperation. (e) Eligibility under other Federal programs. § 203.84 Forms of local participation—cost sharing. In addition to the standard requirements of local cooperation and according to the circumstances, local participation in project work may be in the form of: contributed funds; the furnishing of materials, equipment, or services; and/or accomplishment of work either concurrently or within a specified reasonable period of time. The final terms agreed upon will be set forth in writing and made a part of the CA before commencement of work. (a) Contributed funds. (b) Obligation of contributed funds. see (c) Provision of work or services in kind. § 203.85 Rehabilitation of Federal flood control projects. Some sponsors of Federal flood control projects are not required to furnish written assurances of local cooperation, when such assurances already exist from the PCA of the original construction of the project. In lieu of a new PCA, the Corps will notify the sponsor, in writing, of the sponsor's standing requirements. These requirements include such items as LERRD's, costs attributable to deficient or deferred maintenance, removal of temporary works, cost-sharing requirements, and any other requirements contained in § 203.82. The project sponsor must acknowledge its responsibilities prior to the provision of Rehabilitation Assistance. If the existing PCA does not adequately address responsibilities, then a CA will be required. § 203.86 Transfer of completed work to local interests. Responsibility for operation and maintenance of a project for which emergency work under Public Law 84-99 is undertaken will always remain with the non-Federal sponsor throughout the process, and thereafter. The Corps will notify the non-Federal sponsor by letter when repair/rehabilitation/work efforts are completed. Detailed instructions, and suggestions relative to proper maintenance and operation, may be furnished as an enclosure to this letter. The letter will remind the local interests that they are responsible for satisfactory maintenance of the flood control works in accordance with the terms of the PCA or CA. In appropriate cases for Federal projects, refer to the “Flood Control Regulation for Maintenance and Operation of Flood Control Works: (33 CFR 208)” or the project's Operation and Maintenance Manual. Reporting requirements placed on the non-Federal sponsor will vary according to organization and other circumstances.