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DOD/COE RIN: 0710-AA78 Publication ID: Spring 2020 
Title: Natural Disaster Procedures: Preparedness, Response, and Recovery Activities of the Corps of Engineers 

The Corps is proposing to update the Federal regulation that covers the procedures that the Corps uses under its Public Law 84-99 program to prepare for, respond to, and help communities recover from a flood, hurricane, or other natural disaster, including the repair of damage to eligible flood risk reduction infrastructure currently promulgated in 33 CFR part 203. This proposed rule concerns 33 CFR part 203, which implements section 5 of the Flood Control Act of 1941, as amended (33 U.S.C. 701n), commonly referred to as Public Law 84-99. The Corps initiated this rulemaking process through an advanced notice of proposed rulemaking (ANPR) on February 13, 2015. As a next step, the Corps is planning to solicit further public comments through a notice of proposed rulemaking (NPRM). The NPRM that is under consideration would include a summary of the comments to the ANPR. It would also include revisions to address statutory changes to the program enacted in section 3011 and 3029 of the Water Resources and Reform Development Act of 2014 (WRRDA 2014) regarding: System Wide Improvement Frameworks (SWIF); modifications to Flood Control Works (FCW) and Coastal Storm Risk Management Projects (formerly referred to as Hurricane and Shore Protection Projects); and nonstructural alternatives to rehabilitation. The revisions also would address statutory changes to the program enacted in section 1176 of the Water Resources Development Act of 2016 (WRDA), which included a definition of nonstructural alternatives for use in the Public Law 84-99 program, and authorized the Chief of Engineers, under certain circumstances, to increase the level of risk reduction provided by flood control or hurricane or shore protection works or increase the capacity of a pumping station when conducting repair or restoration activities to such works under Public Law 84-99. Finally, the revisions would seek to formalize certain agency guidance relating to natural disaster procedures.

Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 33 CFR 203   
Legal Authority: 33 U.S.C. 701n   
Legal Deadline:  None
Action Date FR Cite
ANPRM  02/13/2015  80 FR 8014   
ANPRM Comment Period End  04/14/2015 
NPRM  09/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Willem Helms
Department of Defense
U.S. Army Corps of Engineers
CECW-HS, 441 G Street NW,
Washington, DC 20314
Phone:202 761-5909