Public Law 84-99, Rehabilitation
and Inspection Program
Mike deMasi
Chief Emergency Management,
PL 84-99 Program Manager
Galveston District
Scott Leimer
Levee Safety Program Manager
Galveston District
October 2014
US Army Corps of Engineers
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Agenda
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Policy and Process
Inspection Criteria
Inspection Process
Repair Policy and Funding
Interim Guidance Changes
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USACE Authorities and Activities
PL 84-99
• Disaster Preparedness
• Emergency Operations
• Rehabilitation & Insp.
• Water Assistance
• Advance Measures Flood
USACE Provides:
• Emergency Technical & Direct
assistance in response to flood
and coastal storm.
• Provided upon request for
assistance by States.
• Assistance supplements State
and local actions & capabilities
• Hazard Mitigation Flood
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Authority and USACE Policy
Non-Federal Levee Program
 Public Law (P.L.) 84-99:
Disaster preparedness,
advance measures, emergency operations, and
rehabilitation (also known as the Rehabilitation and
Inspection Program or RIP)
 Policy
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ER/EP 500-1-1, Annex B
Interim Policy memorandum issued 21 March 2014
“Levee Owner’s Manual for Non-Federal Flood Control Works”,
Mar 2006, Appendix C - Flood Control Works (FCW) Inspection
Guide. FCW is now referred to as Flood Damage Reduction
Project.
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Rehabilitation & Inspection Program
Inspection and Eligibility
 Ensures minimum acceptable
performance levels for eligibility
 Types of Inspections
► Initial
Eligibility
► Continuing Eligibility
 Eligible for inclusion in RIP:
► Federally
constructed, locally maintained
► Non-federally constructed, locally maintained
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Purpose of USACE Levee Inspections
• Identify deficiencies that need monitoring or immediate repair
• Input to Risk Assessments
• Determine if the levee is being properly operated and maintained
• Determine if sponsor is in compliance with the project
partnership agreement – Fed Projects only
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What are we looking for?
 Slope stability
 Signs of seepage
 Sod Cover
 Unwanted vegetation
 Depressions/Rutting
 Erosion/Bank Caving
 Cracking
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Other Typical Inspection Features
 Animal Control
 Encroachments
 Riprap Revetment
and Banks
 Closure Structures
 Pump stations
 Relief Wells/ Toe
Drain Systems
 Culverts
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Inspections
 Use of checklist
 Rate Individual Items/Rate Segment
 Give an overall “System” rating
►System rating determined by Interim Guidance
dated 21 March 2014
 U rating for individual segment of the system
may/may not remove system from RIP eligibility
 Temp-extension of eligibility with System Wide
Improvement Framework (SWIF)
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Inspection Results
 IEI Ratings:
► Acceptable
• Active Status
► Minimally
Acceptable
• Active Status
• Meet the established requirements of interim
inspection guidance and ER / EP 500-1-1
► Unacceptable
• Inactive Status
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Inspection Results
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Inspections approved by District LSO
Sponsors are part of the inspection team
Out-brief with sponsors
Written notification to
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Sponsor
State and county NFIP coordinator/emergency management agency
FEMA
Congressional offices
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Rehabilitation & Inspection Program
Repair Policy
 Active projects damaged by a flood or
coastal storm
 Deficient / deferred items not included
 Pre-disaster condition
 Cost share:
► Federal
FDRS: 100% Federal
► Non-Federal FDRS: 80% Federal / 20%
Sponsor
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Repair Policy
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Damages must exceed $15,000 (Local Maint.)
Favorable Benefit Cost Ratio (BCR) is required
Cooperation Agreement required
Land, easements, rights-of-way, relocations and
borrow are the public sponsors’ responsibility to
provide at no cost to the Federal Government
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Interim Policy
Why?
 Life Safety is paramount. Life risk drives prioritization
 National emphasis on risk-informed decision making,
transparent communication, and long-term sustainability.
 Reevaluate the Rehabilitation Program to synchronize the
program with USACE’s approach to shared responsibility
for flood risk management
 Revision of eligibility criteria to promote broader flood risk
management activities
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Interim Policy
 New Policy issued 21 Mar 14 applies only to Levee
Systems
 Purpose is to allow eligibility determinations to continue
while new policy is developed and work to avoid
incentivizing public sponsors to take action that may
negatively impact natural resources
Vegetation on levees is no longer a criteria for eligibility
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Interim Policy
Eligibility Criteria for Levee Systems:
 Interim eligibility criteria for levee systems are a subset (18 items) of existing
inspection checklist. Note: the inspection checklist (Enclosure 2 of the policy
document) has not been changed. Subset of inspection items are those most
directly related to levee performance
 Must receive a Minimally Acceptable or Acceptable on all 18 interim eligibility
inspection items to remain Active.
 Overall inspection rating will still be determined and communicated to sponsor,
but not linked to eligibility.
 The initial eligibility requirements for nonfederal levees remain unchanged.
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Interim Policy
18 Eligibility Criteria for Levee Systems:
 Levee Embankments
3. Encroachments
4. Closure Structures
5. Slope Stability
6. Erosion/Bank Caving
10. Animal Control
11. Culverts/Discharge Pipes
14. Under seepage
 Interior Drainage Structures
9. Culverts
10. Sluice/Slide Gates
11. Flap gates/flap valves
Pump Stations
17. Intake and Discharge Pipelines
18. Sluice/Slide Gates
19. Flap Gates/Flap Valves
 Floodwalls
2. Encroachments
3. Closure Structures
5. Tilting, Sliding, Settlements
6. Foundation of Concrete
8. Under seepage Relief Wells/Toe
Draiage system
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Interim Policy
Eligibility Criteria for Levee Systems:
 An Unacceptable rating on any of the 18 subset of items will result in a
levee system being put in Inactive status. As such, it is possible for a system
to:
• Receive an Unacceptable system rating but determined to be Active in
the Rehabilitation Program, or
• Receive a Minimally Acceptable system rating but determined to be
Inactive in the Rehabilitation Program
 If a levee system comprises more than one levee segment, all segments
must meet the interim eligibility criteria for the levee system to be Active.
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Questions?
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