Public Law 84-99, Rehabilitation and Inspection Program

1. Mike deMasi Chief Emergency Management, PL 84-99 Program Manager Galveston District Scott Leimer Levee Safety Program Manager Galveston District October 2014 Public Law 84-99, Rehabilitation and Inspection Program

2. Agenda • Policy and Process • Inspection Criteria • Inspection Process • Repair Policy and Funding • Interim Guidance Changes

3. USACE Authorities and ActivitiesPL 84-99 • Disaster Preparedness • Emergency Operations • Rehabilitation & Insp. • Water Assistance • Advance Measures Flood • Hazard Mitigation 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

4. 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 • 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.

5. 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

6. 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

7. What are we looking for? • Slope stability • Signs of seepage • Sod Cover • Unwanted vegetation • Depressions/Rutting • Erosion/Bank Caving • Cracking

8. Other Typical Inspection Features • Animal Control • Encroachments • Riprap Revetment and Banks • Closure Structures • Pump stations • Relief Wells/ Toe Drain Systems • Culverts

9. 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)

10. 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

11. Inspection Results • Inspections approved by District LSO • Sponsors are part of the inspection team • Out-brief with sponsors • Written notification to • Sponsor • State and county NFIP coordinator/emergency management agency • FEMA • Congressional offices

12. 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

13. Repair Policy • 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

14. 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

15. 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

16. 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.

17. Interim Policy • Interior Drainage Structures • Culverts • Sluice/Slide Gates • Flap gates/flap valves • Pump Stations • Intake and Discharge Pipelines • Sluice/Slide Gates • Flap Gates/Flap Valves • 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 • Floodwalls • 2. Encroachments • 3. Closure Structures • 5. Tilting, Sliding, Settlements • 6. Foundation of Concrete • 8. Under seepage Relief Wells/Toe Draiage system

18. 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.

19. Questions?