USACE Seeks Comments on Public Law 84-99 for Disaster Preparedness, Response, and Recovery Activities

ByNews Editor
Water released from dam on Columbia River from Oregon side

The U.S. Army Corps of Engineers (USACE) is seeking public input on proposed updates to the federal regulation 33 CFR 203. This is the regulation that outlines how USACE implements its authority provided in Public Law 84-99 for disaster preparedness, response, and recovery activities.

The Public Law 84-99 Program is multi-faceted program that encompasses disaster preparedness, response, and recovery activities in support of Federal, State, Tribal, and local stakeholders. The Corps’ Public Law 84-99 Rehabilitation Program is a voluntary disaster recovery program that provides for the rehabilitation (e.g., repair) of damage to eligible Federal and non-Federal flood risk management projects damaged by flood or coastal storms.

The CFR was last revised in 2003. Since that time, there have been many changes to Public Law 84-99 through legislation passed by Congress. Additionally, USACE programs have evolved to implement lessons learned from many events over the last 20 years.

The proposed updates to 33 CFR 203 are available in the Federal Register announcement. Comments are due Jan. 17, 2023.  

Specifically, USACE is seeking public input on proposed changes that: 

  • Encourage the broader use of flood risk management actions to reduce risks.
  • Provide flexibility of requirements to protect and restore natural resources.
  • Support risk-informed decision-making as the basis for project operations and maintenance.
  • Reinforce USACE’s commitment to transparency and partnering.

USACE will host nine in-person stakeholder engagement workshops and may hold additional virtual sessions. Here are the dates and locations of the sessions currently scheduled: 

  • Kansas City, MO on 29 Nov 22
  • Fort Worth, TX on 1 Dec 22
  • Seattle, WA on 6 Dec 22
  • Sacramento, CA on 8 Dec 22
  • Chicago, IL on 13 Dec 22
  • Rock Island, IL on 15 Dec 22
  • New Orleans, LA on 10 Jan 23
  • Wilmington, NC on 12 Jan 23
  • Concord, MA on 17 Jan 23

You can register for the in-person workshops here.

ASFPM is still reviewing the proposed updates and will be submitting formal comments by the January deadline. We encourage members to lend their expertise to this opportunity by attending one of the in-person stakeholder engagement workshops and/or submitting comments. Details on the proposed changes as well as the expected benefits and costs of the changes are detailed in the Federal Register notice.

The Nature Conservancy developed a playbook based on its experience working on the Missouri River L-536 project. The playbook includes recommendations to improve the ability to use PL 84-99 for levee setback projects. We think News & Views readers will find it helpful. View TNC’s Large-Scale Levee Setback Playbook.

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