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Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. note
The White House [partial] (1 page)
nd
P6/b(6)
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Brian Burke
OA/Box Number: 4430
FOLDER TITLE:
Federal Levee Policy
2013-1074-S
sb40
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personal privacy [(b)(6) of the FOIA]
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of gift.
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RR. Document will be reviewed upon request.
Federal Jewe valicy
PHOTOCOPY
PRESERVATION
SUBJECT: Memorandum for General Distribution: Restatement of
Federal Levee Policy
Purpose
The Purpose of this memorandum is to clarify the Federal policy
on repairing levees in the Midwest. The Army Corps of Engineers
(Corps) and the Department of Agriculture Soil Conservation
Service (SCS) are the principal Federal agencies responsible for
repairing levees, the Corps under its Public Law 84-99 program
and the SCS under its Emergency Watershed Protection (EWP)
program. This memorandum provides background on why the current
Corps policies were established, describes the process the two
agencies are using to identify levees that are under their
respective jurisdiction, addresses eligibility criteria and
allowable exceptions for provision of levee rehabilitation funds,
and establishes SCS criteria for prioritizing levee
rehabilitation funding.
Corps Policy
Existing Corps policy resulted in part from an internal Corps
review of its practices prior to 1986. Among the principal
findings in the review were:
a lack of sponsor commitment in fulfilling operations and
maintenance requirements subsequent to Federal investments in
rehabilitation,
recurring rehabilitation at Federal expense of levees not
meeting minimal engineering standards,
recognition of the difficulties associated with
determining, after a flood event, the level and adequacy of levee
design and maintenance that existed prior to the flood, and
issues related to state and local government floodplain
management prerogatives. As a result of the review in 1986, the
Corps proposed rules to overcome identified shortcomings to bring
discipline to the program and insure minimum benefits from
Federal expenditure. The rules clearly established the Corps
intent to develop a program that ensured levees accepted into the
active inventory met minimal standards. A public sponsorship
requirement addressed the need for a financially viable public
sponsor so as to ensure proper stewardship of the Federal
investment and proper consideration of state and local floodplain
management prerogatives. Based on numerous comments received
during the
comment period for the proposed rules, the Corps allowed a two-
year grace period from the implementation date of the new rules
for levees to obtain public sponsorship. This grace period ended
July 15, 1988.
Delineation
In 1986, the Corps and the SCS signed a Memorandum of Agreement
(MOA) which outlined how the two agencies would delineate
responsibility for repair of levees. The agencies agreed as a
general principle that the Corps would be responsible for
repairing levees with contributing drainage areas of 400 square
miles or greater. The SCS would handle levees with drainage
areas of less than 400 square miles. To ensure proper
implementation of this part of the MOA, appropriate Corps and SCS
officials in each state are identifying the geographic
delineation of Corps and SCS areas of responsibility. The 400
square-mile criterion will be used as a guide, but will be
adjusted where it is prudent to do SO. Should the local Corps
and SCS officials not agree on a delineation, the case will be
forwarded to agency headquarters officials for resolution. The
SCS will not fund the repair of any levee within the geographic
areas under Corps jurisdiction.
Levee Repair Policy in Corps of Engineers Geographic Areas.
Corps policy, as established in 1986, requires that levee
sponsors be active participants in the Corps program at the time
of a disaster event in order to be considered for eligibility for
assistance to repair the levees. An active status means that the
Corps has inspected the levee and has accepted the levee into its
program, or, that the levee sponsor has requested an inspection
prior to occurrence of the disaster event. Active status does
not guarantee repair -- the Corps also requires that the benefits
from the repair will exceed the costs and that repairs can be
undertaken in full compliance with environmental laws. In
addition, locally constructed levees must be cost-shared with a
20 percent non-federal share. These requirements are identified
in the Corps Engineering Regulation 500-1-1.
In 1986, the Corps informed levee sponsors of its PL 84-99
program eligibility requirements and invited them to apply for
participation in the program. Many sponsors responded to the
Corps invitation and levees were placed in the active status
based on field inspections conducted by Corps personnel. Many
other sponsors did not respond. As a result of the Midwest Flood
of 1993, many sponsors in this latter group have asked the Corps
to repair their levees. These levees are not eligible for Corps
assistance and they are ineligible for other Federal funding in
accordance with current FEMA, Corps, and SCS policy with two
exceptions:
- the first exception applies when the levee was constructed
after 1986, the levee sponsor can demonstrate that the
levee has been properly maintained and the levee sponsor
meets all other Corps eligibility requirements- in this
case the levee would be given the same consideration as if
it had been in active status before the flood;
- the second exception is when the levee protects critical
public infrastructure (e.g., major roads and water and
wastewater treatment plants) that are at risk behind
levees that were ineligible for the Corps program because
of lack of public sponsorship provided that the levee
would otherwise meet the requirements of the Corps'
program: in this case, the levees will be repaired using
funds made available from the Economic Development
Administration (EDA) under its Emergency authority
(details are covered below).
Levee Repair Policy in Soil Conservation Service Geographic
Areas.
Levees will be eligible for SCS's EWP when there is a potential
for loss of life or property without the repairs; the benefits
associated with repairing the levee exceed the cost of levee
repairs and other levee-dependent costs -- cropland restoration,
facilities repairs, and structure repairs -- that should occur
only if the levee is rebuilt; and, the levee owner agrees to meet
SCS's eligibility requirements for engineering and maintenance.
Eligibility for the EWP does not guarantee that the repairs will
be funded.
Funds available to repair levees are not sufficient to repair all
levees that are eligible for SCS assistance. Therefore, the SCS
will use the following criteria to prioritize levees they will
repair;
type of property protected by the levee,
past performance of sponsors,
past record of operations and maintenance,
environmental impact, and
local rules and regulations.
In a small number of cases, levees in the SCS's geographical
areas have been retained in the active status of the Corps PL 84-
99 program. These levees will be treated as if they were in the
Corps areas. They will be rebuilt by the Corps if the benefit-
cost and environmental compliance tests are met. If the Corps
determines that they are not eligible for PL 84-99 assistance,
they will not be repaired by any other agency.
EDA Funding and Repair Policy:
In some cases, levees within the Corps geographic area are
ineligible to receive assistance because of lack of participation
by a public sponsor prior to the 1993 Midwest flood. In those
cases, if it is determined that the levee protects critical
public infrastructure, it will be eligible for assistance from
EDA, provided also that:
- a public sponsor is identified and can demonstrate
sufficient financial capability to comply with the
requirements of this section;
- the levee otherwise meets the requirements of the
rehabilitation program established by the Corps for
operation, maintenance, and design;
- the benefits derived from repair or reconstruction exceed
the repair costs; and
- the public sponsor agrees to include its levee in the
Corps program and enters into a written agreement
acknowledging that future Federal assistance will be
conditional upon complying with the terms of the Corps
Levee Assistance Program and participation in the program.
Future assistance would be provided through the Corps of
Engineers PL 84-99 Emergency program).
In carrying out this program, EDA will coordinate with the Corps
to assure that the levee meets all necessary Corps criteria and
that future eligibility in the Corps program can be maintained.
The final decision as to whether or not a levee will be repaired
under this program will be solely that of EDA.
The non-Federal share of the cost of a levee rehabilitation
project for which assistance is made available by EDA shall be:
- to provide all lands, easements, rights-of-way, borrow
areas and dredged material disposal areas necessary for
the project; and
- to provide 25 percent of the costs of construction of the
project of which 5 percent of such costs shall be paid in
cash, or cash equivalent (as opposed to in-kind services)
from non-Federal sources.
Not more than $18 million will be made available from funds
provided to EDA under the Emergency Supplemental Appropriations
(P.L. 103-75) for this purpose. In order to assure that all
interested applicants are given an equal chance to be considered,
EDA will accept applications for assistance through December 20,
1993. If the total estimated cost of all applications exceeds
$18 million, it will be necessary to prioritize the work.
Prioritization will be based on the nature of the public
infrastructure protected and the degree to which the levee repair
meets the economic objectives of EDA.
United States
Office of
Department of
Office of
Public Affairs
Washington, D.C.
Agriculture
Intergovernmental Affairs
20250
NOV 24 1993
Honorable Jerry F. Costello
U.S. House of Representatives
Washington, D.C. 20515-1312
Dear Honorable Costello:
The Federal Emergency Management Agency (FEMA) under the authority of Section 403
of the Robert T. Stafford Disaster Assistance Act can provide funding for emergency repair of
the breaches in the Len Small levee in Illinois. The state of Illinois must request a written
request for reimbursement for repair of the levee breaches. The work will be cost shared at
90% Federal and 10% state in accordance with the current cost share arrangement. FEMA will
fund an emergency repair only. This means repairing the levee to provide a 5-year level of
protection. The state will be reponsible for contracting for the work.
Sincerely,
Octo Fitzgerald
OLETA GARRETT FITZGERALD
Director, Office of Intergovernmental Affairs
AN EQUAL OPPORTUNITY EMPLOYER
11/24/93
12:18
1
001/003
COMMITTEES
JERRY F. COSTELLO
BUDGET
12TH DISTRICT. ILLINOIS
PUBLIC WORKS AND TRANSPORTATION
SCIENCE. SPACE. AND TECHNOLOGY
PLEASE RESPOND TO THE
OFFICE CHECKED BELOW:
Congress of the United States
(ON LEAVE)
house of Representatives
Mashington, BC 20515-1312
FAX COVER SHEET
DATE: 11-24
Olete Fitzgerald
TO:
FAX #:
720 8819
Bria Lett
FROM:
Compassmer Cotallo
TOTAL PAGES SENT:
ADDITIONAL COMMENTS:
Mare info!
V
119 CANNON BUILDING
327 W. MAIN ST
1363 NIEDRINGHAUS Ave,
250 W, CHERRY ST.
8787 STATE Sr.
1330 SWANWICK ST.
WASHINGTON, DC 20515
GRANITE CITY, IL 62040
CARBONDALE. IL 62901
EAST ST. LOUIS. IL 62203
CHESTER, IL 62233
BELLEVILLE IL 62220
Tel: (202) 225-5661
TEL: (618) 451-7065
TEL (618) 529-3791
Tel: (618) 397-8833
TEL: (618) 826-3043
TEL: (618) 233-8028
FAX: (202) 225-0285
FAX: (618) 233-8765
PAX: (618) 451-2126
FAX: (618) 549-3768
RUMBI
FLOOD DAMAGE ASSESSMENT FOR ALEXANDER COUNTY, ILLINOIS
156 homes (approximately 470 people) were directly affected
by the levee break on July 15, 1993. Out of these 156 homes
all had some degree of damage ranging from water, mildew,
warped lumber, basement supports shoved up through main
floor, duct work destroyed, basements filled with sand,
foundations washed out, furnaces and appliances destroyed,
rooms completely washed off homes, and one home completely
washed away. Many other buildings such as garages and
machine sheds were destroyed.
Out of the 156 families, 25 families (approximately 66
people were immediately affected by the levee break. They
had to move from their homes or boat in and out. The
families that did not leave their homes were forced to boat
in and out from July 16 - August 26, September 20 - 30,
November 15 to present time. One family has not been able
to get to their home even by boat since the levee break.
31 families (approximately 145 people) were affected because
of damage to roads or property. These people had to boat in
and out part of the time also.
Thirty businesses were affected due to high water. Some of
these businesses were destroyed or temporarily out of
business. Others moved from the area. Twenty of the thirty
businesses are major revenue sources for Alexander County
and the Horseshoe Lake area. Thousands of people travel to
Horseshoe Lake for the annual goose hunting season, fishing,
camping, and other recreational activities. The revenue
from these activities is near zero for 1993, and will
continue as long as the levee is not repaired.
The County Highway Dept. has spent approximately $200,000 on
road repair. 40 - 50% of this road work will have to be
done over due to the reoccurrence of high water the last
couple of weeks. This will continue to be a problem unless
the levee is repaired.
All the major utilities in the area were affected. Electric
Service was destroyed, power lines had to be re-routed.
water lines were destroyed and had to be brought in from
another town (this is a temporary measure and these lines
will freeze in cold weather), propane tank floated away from
some residents leaving them with no gas, phone lines were
washed out. and sewage systems became non-functional.
There is approximately 26,240 acres of cropland impacted by
the levee break. Of this approximately 4000 acres has at
least 6" of sand covering it. This area will not be
reclaimable if the levee is not repaired. The remaining
22,240 acres run a high risk of crop loss every year if the
levee is not repaired.
Approximately 25 - 30 miles of drainage has been completely
destroyed and restoration is impossible unless the levee is
Acres repaired. owned by Federal Government - 640
Acres owned by State - 8590
Cropland acres " 26,240
Woodland acres - 9740
Urban (includes Horseshoe Lake) - 610
The Len Small Levee District encompasses 22 miles of levee.
The levee district receives $15,000 annually for operation.
County Tax generated by this area is $220,800. This
assessment will be greatly reduced if the levee is not
repaired.
When the river gets above 30', this area is affected by high
water. Flood stage is 32'.
** TOTAL PAGE. 003 **
11/20/93
15:21
003
JERRY F. COSTELLO
COMMITTEES:
12TH DISTRICT, ILLINOIS
BUDGET
PUBLIC WORKS AND TRANSPORTATION
PLEASE RESPOND TO THE
OFFICE CHECKED BELOW:
SCIENCE, SPACE. AND TECHNOLOGY
Congress of the United States
(ON LEAVE)
House of Representatives
Mashington, DC 20515-1312
FAX COVER SHEET
DATE: 11/19
TO: Alita 720-8819 Fitzgerald
FAX #:
FROM: Congressmen Costello
TOTAL PAGES SENT: 5
ADDITIONAL COMMENTS:
In reference to your conversation with
the Congressman
119 CANNON BUILDING
327 W. MAIN ST.
1363 NIEDRINGHAUS AVE.
250 W. CHERRY ST.
8787 STATE ST.
1330 SWANWICK 5T.
WASHINGTON. DC 20515
BELLEVILLE, IL 62220
GRANITE CITY, IL 62040
CARBONDALE, IL 02901
EAST ST. LOUIS, IL 02203
CHESTER, IL 62233
TEL: (202) 225-5661
TEL: (018) 233-8026
TEL: (518) 451-7086
TEL: (818) 529-3791
TEL: (618) 397-8833
TEL: (618) 826-3043
FAX: (202) 225-0286
Fax: (618) 233-8765
FAX: (818) 451-2126
Fax (618) 549-3768
11/20/93
15:20
001
JERRY F. COSTELLO
COMMITTEES:
12TH DISTRICT, ILLINOIS
BUDGET
PLEASE RESPOND TO THE
PUBLIC WORKS AND TRANSPORTATION
OFFICE CHECKED BELOW:
SCIENCE. SPACE, AND TECHNOLOGY
Congress of the United States
(ON LEAVE)
House of Representatibes
Mashington, BC 20515-1312
November 20, 1993
Ms. Oleta Fitzgerald
Fourteenth & Independence Ave., SW
U.S. Department of Agriculture
Washington, D.C. 20250
Dear Oleta:
I wanted to make you aware that I am sending out the attached
news release today in regard to the Len Small Levee.
My staff assistant Mike Campbell is scheduled to meet with levee
district commissioners at 3:30 p.m. today, to inform them that it
is not a question of whether the levee will be fixed but when.
He is to tell the levee commissioners that I was informed this
morning that work on erosion control will also continue.
Mike is scheduled to join you at a meeting tomorrow at 5:00 p.m.
in st. Louis about the schedule for levee repairs. I would
appreciate it if you would call me at my office when you arrive
in St. Louis tomorrow, so that I can inform Mike of the location
and time of the meeting. In addition, I want to make you aware
that the media is aware of the Secretary's visit to Monroe County
on Monday and may well ask questions about the Len Small Levee at
that time.
Oleta, I want to thank you again for your cooperation in working
to resolve this issue. Please feel free to contact me if I can
be of further assistance in this matter.
Sincerely,
JERRY FL COSTELLO
Member of Congress
JFC/bhl
119 CANNON BUILDING
327 W. MAIN Sr.
1383 NIEORINGHAUS AVE.
250 W. CHERRY ST.
WASHINGTON, DC 20515
8787 STATE Sr.
BELLEVILLE, IL 82220
1330 SWANWICK ST.
GRANITE CITY. IL 62040
CARBONDALE IL 62801
TEL' (202) 225-5661
EAST Sr. LOUIS. IL 82203
CHESTER, n. 62233
TEL: (618) 233-8028
TEL: (018) 461-7065
TEL: (618) 528-3791
Fax: (202) 225-0285
Te: (618) 397-8833
FAX: (618) 233-8765
TEL: (618) 828-3043
FAX: (618) 451-2126
FAX: (618) 549-3788
11/20/93
15:21
002
News Release
Congressman
Jerry Costello
119 Cannon House Office Building
Washington, D.C.
(202) 225-5661
MEDIA ADVISORY
MEDIA ADVISORY
MEDIA ADVISORY
COSTELLO AIDE TO TOUR LEN SMALL LEVEE
WITH ANNOUNCEMENT TO LOCAL OFFICIALS ON REPAIR
WASHINGTON -- An aide to U.S. Rep. Jerry Costello (D-IL) will
tour the Len Small Levee this afternoon and have an announcement
at 3:30 p.m. today on the levee's repair, Costello said.
Costello has worked constantly for three consecutive days to
try and resolve the issue, talking late Friday evening with
officials from the Army Corps of Engineers and Secretary of
Agriculture Mike Espy.
Mike Campbell, who oversees special projects for Costello
and is chairman of his Agriculture Advisory Board, will tour the
levee with commissioners from the levee district and other local
officials.
They will hold a news conference at 3:30 p.m. today, at
Patton's, a hunting club on Miller City Road 5 miles west of
Route 3 in Olive Branch.
Costello said he would have attended in person, but is
unable due to votes this weekend and Monday in the U.S. House of
Representatives in Washington, D.C. Congress is trying to
complete its work for the year by Tuesday, November 23.
FOR MORE INFORMATION, CALL:
Brian Lott, 202/225-5661
###
NOU 23 '93 13:06 FROM USDA TAMMS, IL
PAGE. 002
Can not agree w/ouL
(
cost share determation
2
agreement on operation and
LEN SMALL LEVEE DISTRICT Mainterance
P.O. Box 71
Miller City, IL 62962
3
November 22. 1993
Secretary of Agriculture
Mr. Mike Espy
USDA
Washington D.C.
Dear Secretary Espy:
Because there may be some confusion in the terminology describing the
Len Small Levee (some call it Len Small and others call it Fayville), we
felt that the Levee Board should write a separate letter to clarify this
apparent confusion.
The proper name of the entire levee system is the Len Small Levee.
This entire system is under the jurisdiction of the Len Small Levee and
Drainage District. Because the north end of the levee 18 near the
settlement of Fayville, many local residents refer to this north end as
the Fayville levee. This description 1s a mere colloquialism and in no
way infers that there are two levees or two levee districts.
Again, we want to restate that any reference to the Fayville Levee is
actually a reference to the north end of the Len Small Levee, and is all
under the jurisdiction of the same Len Small Levee and Drainage Board.
We hope this letter will relieve any potential problems in believing
that there are two separate levees or two separate levee boards.
Len Small Leves and Drainage Board
David David Willis Willis
James Taflinger Tophign
Guyon Gregory Patton "MPatton
NOU. 23 '93 13:06 FROM USDA TAMMS, IL
PAGE 000
LEN SMALL LEVEE DISTRICT
P.O. Box 71
Miller City, IL 62962
November 22, 1993
U.S. Secretary of Agriculture
Mike Espy
United States Department of Agriculture
Washington D.C. 20025
Dear Mr. Secretary:
On July 15, 1993, a portion of the Len Small levee was breached,
flooding southwestern Alexander County and forcing hundreds of people
from their homes. Approximately 37,000 acres of prime farmland were
flooded and the livelihood of dozens of farmers and their families was
lost. The damage has been conservatively estimated at $15,000,000. Also
affected by the flood waters was a portion of Olive Branch, IL forcing
several more families from their homes and closing businesses. In
addition, the 10,000 acre Horseshoe Lake Wildlife Management Area was
inundated, destroying the crops used by the hundreds of thousands of
Canada Geese that winter at that site. The area also serves as the home
for many other species of wildlife and plant life, including some
endangered plants that were affected.
To amplify the predicament, flood waters have severely damaged another
section of the levee near Fayville, the northernmost and most
hydrologically sensitive section of the levee.
Prior to the levee break, parts of the area were subject to flooding
due to high water on the Ohio. but damage was usually minimal. Now, the
entire area is susceptible to high water from both the Mississippi and
the Ohio and the additional flooding potential that the commissioners of
the Len Small Levee District feel it vital that the levee be restored to
its original integrity. The complexity of the situation makes that task
a very difficult one indeed.
As mentioned earlier, the area has to contend with floodwater from
both the Mississippi and the Ohio which makes flood prevention a
difficult issue. Other geographical considerations also play a part in
framing a plan to protect the area. To compound matters, the flood
waters which invaded the area have not only breached the levee but also
damaged it in another area and have eroded the high river bank in several
areas along the levee's length. Inside the levee, areas have been badly
cut in some cases and in some instances, large deposits of mud, sand, and
debris have been left behind.
Unfortunately, the Len Small levee is not a Federal levee. An option
to be included in the system was accompanied by a stipulation that the
local district bring the levee up to Corps of Engineers standards, a
NOU 23 '93 13:07
FROM USDA TAMMS, IL
PAGE 004
prerequisite made impossible by the meager $15,000 annual budget within
which the levee district must operate. That unfortunate fiecal fact is
brought about, in great part, by the tax base which exists in the county.
The county includes a National Forest and B State Wildlife Management
Area which constitutes a major portion of the land usage of the county.
Neither entity pays property tax on their land. Another major portion
of land usage consists of agricultural land which is taxed at a lower
rate. The remaining portion of the county is economically depressed with
very little industry to shore up the eagging tax base. A major source
of income in the area was the goose hunting industry. It has been
estimated that sportsmen spent $1.7 to $1.8 million a year during the
hunting season. Because of the damage to cropland and hunting fields,
and the still present flood waters, that amount will be drastically
reduced this season and in the future if the leves is not repaired.
Failure to repair the levee will result in disastrous repercussions.
As of this writing, the rivers have jumped up as a result of torrential
rains in Illinois and Missouri. The roads providing access to at least
45 homes are inundated and are inaccessible to emergency services such
as fire protection, ambulance and police protection. This interruption
of espential services will continue to be a threat each time the
Mississippi or the Ohio raise and the area remains unprotected. Without
repair of the levee, crops will never again be grown on thousands of
acres of farmland, further eroding the dismal tax base and bringing
hardship upon tax dependent services. Both the Egyptian and the Cairo
School Districts will be severely affected by this diminished tax base.
In addition, the area is very dependent upon the income which is derived
from agriculture. Failure to protect this land and restore the essential
agricultural economy will result in the closing of related businesses,
further eroding the tax base and devastating the area's economy.
Mr. Secretary, the repair of this levee is sesential and the
participation of the Department of Agriculture is sosential to reach that
goal. The potential of future flooding presents a risk to human life.
If the levee is not repaired, essential services cannot be provided. The
lives and livelihoods of hundreds of people will be directly affected and
that of hundreds more indirectly affected. In addition, wildlife
management on Horseshoe Lake Wildlife Management Area, a valuable
resource, will be impossible. We need your help.
Len Small Levee District
David Willis
David Willis
James James Taflinger Taflinger
Patton
NOV 23 '93 13:07
FROM USDA TAMMS, IL
Phone (618) 776-5242
COUNTY SUPERINTENDENT OF HIGHWAYS
ALEXANDER COUNTY
P. O, Box 216
OLIVE BRANCH. ILLINOIS 62969
November 22, 1993
U.S. Secretary of Agriculture
Mike Espy
USDA
Washington D.C. 20025
Dear Secretary Espy:
I am writing to emphasize, from the viewpoint of the Alexander
County Highway Department, how critical the Len Small levee is.
As you are aware. the levee broke in the Miller City area last
summer and has not yet been repaired. This levee is unique as
compared to many levees because it is a part of an open (not
closed) levee system. When a levee breaks in a closed system the
water simply flows in, stabilizes, and then backs out when the
river level drops again. It could be compared to letting water
into a wash tub; once the tub is full. the water is pooled and
therefore motionless. In our system, however, the water enters
into our county at the break in the levee and exits back into the
river five miles (cross country) downstream. The water flows
across our county and destroys everything in its way.
This flowing water from the July 15 breach caused over
$5,000,000 damage to our road system. Although the levee broke on
July 15, it was not until October 15 before the river dropped
enough for the Highway Department to gain access to the roads to
begin repairing them. We worked seven days a week, spending over
$200,000 to rebuild these roads. Then, on November 10, the river
raised again enough to shut off all access to the same roads we
had been working on. Although the river stage was 14 feet lower
than the crest last summer, the results were basically the same:
roads were destroyed, one bridge washed away, and over 45 families
are either evacuated or isolated. We estimate at this time that
approximately 1/2, or $100,000 of the previous repairs are once
again destroyed. And this situation, without a levee, will only
continue several times a year. Our annual budget for all of our
roads is only $400,000 so we certainly won't be able to continue
to afford these repairs every time the river decides to wash them
out.
As I write this letter there is no emergency access to those
families who are once again stranded in this area. Emergency
medical service and fire protection service is impossible to
provide. And of course there is no police protection from
potential vandals because there is no road access. Without
immediate restoration of the Len Small levee, the lives of the
NOV 23 '93 13:51 FROM USDA TAMMS, IL
PAGE 002
people living in this area remain in peril. Our situation is grim
and seemingly hopeless.
We need help! Specifically we need a levee system that will
assure that we can provide roads that will stay there! There is
no other solution. We in Alexander County are an independent
people. We want to help ourselves in every way that we can. We
have proven that throughout this ordeal. In this case, however,
the levee is more than we can do by ourselves. We are therefore
asking for help. You are our only hope.
We look forward eagerly to working with you to accomplish this
objective. Please contact me if I can answer any questions
pertaining to this letter.
Very truly yours,
Jus Plemon
Joe Plemon
Alexander County Engineer
cc: file
NOU 23 '93 13:13
FROM USDA TAMMS, IL
PAGE 019
OFFICE OF
BOARD OF COMMISSIONERS
ALEXANDER COUNTY
COURT HOUSE
CAIRO. ILLINOIS 62914
November 22, 1993
Secretary of Agriculture
Mike Espy
USDA
Washington, D. C.
Dear Mr. Epsy:
As Chairman of the Board of Commissioners for Alexander County, I urge
you to use your influence to help us get the Fayeville Levee rebuilt.
The loss of this levee has cost this county economically in the millions
of dollars. Farmland has been lost, crops unharvested, fishing camps
closed, homes damaged (one completely lost), roads destroyed, and water
lines washed out. The reason is simply the levee was eroded and destroyed
because of the flooding of the Mississippi River.
We have tried very hard to fix roads where they would be passable for the
local people who lived in this area, and we have used tons of rock for
the levee and roads.
The livelihood of so many is dependent upon having a levee to hold back
the flooding river.
Because the river has flooded twice, much of the work already accomplished
will have to be done over.
There are approximately 250 homes and businesses which have been adversely
affected from the flood.
It is imperative that we get assistance to rebuild the levee, because without
it our area which is already depressed economically, will be utterly
chaotic.
I am thanking you in advance for your assistance.
Sincerely,
Law mage Chairman
Board of Commissioners
NOU 23 '93 13:12 FROM USDA TAMMS. IL
PAGE. . 015
OFFICE HOURS
PHONE (618) 784-7011
8:00 AM-4:00 PM
DOROTHY J. MAYBERRY, C.I.A.O.
SUPERVISOR OF ASSESSMENTS
ALEXANDER COUNTY COURT HOUSE
P.O. BOX 466
CAIRO. ILLINOIS 62914
November 22, 1993
Secretary of Agriculture
Mike Espy
USDA
Washington, DC 20025
Dear Mr. Secretary:
On July 15, 1993 the Len Small Levee broke, spilling the Mississippi Kiver
acrose some of the most productive cropland in Alexander County causing
major crop, land and building damage or complete loss. Destruction of the
land itself is every where to be seen as a result of the breakage of the
levee.
Assessments in this area that are still very much threatened if the levee
isn't repaired by Spring is in the area of $3,100,000 for the land and
buildings. This represents about 7% of the total assessment for Alexander
County. Farmland is assessed using the productivity index procedure set
out by Illinois State Statutes.
Market indicates that farmland of this type in this area sells for about
$800/acre. Using this basses for the approximately 25,000 acres affected,
we are thinking in the area of $20,000,000 market value being threatened
if the levee isn't repaired for the land only.
Using the economical loss that could occur, soybeans seem to be. the crop
most often planted. If a production of 40/bushels/acre for the 25,000
acres affected at $5.00/bushel, this would result in $5,000,000 loss in
this county alone.
Please, I ask of you, help our farmers in this area. We need your help
in securing the monies to repair the Len Small Levee. I believe it will
be an investment in our future. The effects of the levee being repaired
can only be compared to survival and non-survival.
Thank you. for your help in this very important matter.
Yours truly,
Dorathy I majberry
Dorothy J. Mayberry
16:28
010
NOU 23 '93 13:52 FROM USDA TAMMS. IL
PAGE. 004
HORSESHOE LAKE FIRE DEPARTMENT
POST OFFICE BOX 262
OLIVE BRANCH, ILLINOIS 62969
November 23, 1993
Secretary of Agriculture
Mike Espy
USDA
Washington D.C. 20025
Dear Mr. Secretary:
I am Rick Masterson, Fire Chief of Horseshoe Lake Fire Department of
Olive Branch, IL. I am writing you for help on the Flood of 93 in
Alexander County.
Presently, there are numerous families I can't get to in case of fire.
Over 200 homes have been affected by the flood and levee break of July
15, 1993. There is no way they can receive help in case of fire. These
people's lives are in danger.
Unless the Len Small levee is repaired, there is little help that can
be effective by our Fire Department.
There are 7 different ways to get to these homes, but 27 miles of
roads have all been repaired once and on November 10 the river, without
levee protection, came back up and destroyed the roads again. There was
also a bridge washout, and 2 more bridges unsafe.
There have been 31 small businesses affected and will stay affected
until the levee is rebuilt.
As we are a seasonal tourism area, it's time for our businesses to get
busy with goose hunting.
On behalf of all the Fire Department, we must have the roads and levee
repaired SO we can serve the people of Alexander County- I emphasize in
that now and until the Len Small levee is rebuilt, we have citizens
a life or death situation in case of a fire.
Sincerely,
Pick Masterson
Rick Masterson, Chief
Horseshoe Lake Fire Department
16:28
011
NOU 23 '93 13:08 FROM USDA TAMMS, IL
PAGE. 006
Warren "Buddy" Mitchell
Lt Rodney Lacy
Capt. W.C. Bowers
Sheriff
Alexander County
CAIRO, ILLINOIS 62914
Phone (618) 734-2141
November 23, 1993
Secretary of Agriculture
Mike Espy
United States Department of Agriculture
Dear Secretary Espy,
First 1 want to thank you for taking time out to visit and
witness the devastation of the great flood of "93" in our humble
county of Alexander. Your concern and inspiration helped us get
through some rough times.
Second, I'm calling on your help again. As Sheriff of
Alexander County I take my job seriously. I'm not quite sure
I know what is going on because I keep doubly busy being a
lawenforcement officer and the warden of the county Jail.
That's my expertise. What I do know is that the Len Small Levee
is not fixed! That means we are flooded again around Willard
and Miller City, The flooding is not because of the rains but
because of the might Mississippi flowing through the levee break.
The flood waters keep this department from providing law enforcement
protection simply because we can't get to the people because of the
roads being washed out and flood waters everywhere. There is one
thing for sure the thieves and thugs will find a way to victimize
the flood victims. A matter of fact, just last night a victim
of the now flooded area had his car and two trucks parked at
a friends house out of the flooded area. His car was stolen and
both trucks broken into.
"In Service to the People of Alexander County"
012
NOU 23 '93 13:08 FROM USDA TAMMS. IL
PAGE. 007
You know I won't even guess to know why the governemnt
agencies haven't gotten together to fix the Len Small Levee,
What I know is that alot of Alexander County people are hurting
because we can't get the levee repaired, Please make every effort
to help us get the levee repaired and restore some kind of
stability to the people that need out governments help and have
suffered so much.
Sincerely,
Name "Budel"
Warren "Buddy" Mitchell
Sheriff of Alexander County
CTO For
PHGE. 000
NOV 23 '93 13:08 FROM USDA TAMMS, IL
Caina Independent Ambulance Service, Inc.
P.O. BOX 425
CAIRO, IL 62914
November 23, 1993
Mr. Mike Espy
Secretary of Agriculture
Dept. of Agriculture
Washington, D.C.
20005
Dear Secretary,
This letter is in support of the building of the levee system
for Miller City and its surrounding area. Cairo Independent
Ambulance Service services the entire county of Alexander county
including the Miller City area. It is important that roads to
and from this area be available, partiuclarly in cases of
medical emergencies.
Thank you.
Sincerely
David Westermann
President
0014
NOV 23 '93 13:10 FROM USDA TAMMS, IL
PHGE. 010
CENTRAL ALEXANDER COUNTY
PUBLIC
November 22, 1993
SECRETARY OF AGRICULTURE
Mike Espy
USDA
Washington, D. C. 20025
Dear Mr. Espy:
The Central Alexander County Public Water District is in desperate need
of having the Fayevills Levee constructed.
We had to replace all the water lines to the Willard-Miller City Area
and the river came up again and now we will have to replace these same
lines again.
Because the levee broke we are having to supply three of our areas by
buying water from Illinois America in Cairo, Il. This is at a considerable
cost to us around $3000.00 per month.
Several of our customers have not had water since July 15, 1993 because
the levee broke and washed the roads out, and we are still unable to get
to them.
If this levee is not constructed, we would be foolish to keep replacing
lines, meters, and labor costs.
Our customers are desperate to receive water.
If the Len 3mall levee is not rebuilt immediately, we are in imminent danger
of contaminating our water treatment facility and creating a direct health
hazard to this community.
We certainly appreciate anything you can do for us. Your effort will not
go unnoticed.
Sincerely,
Doris maze
Doris Maze, General Manager
Central Alexander County
Public Water District
16:29
015
NOV 23 '93 13:11
FROM USDA TAMMS, IL
PAGE 015
Ameritech
11-22-93
Ameritech, Illinois
Mary Bander, External Relations Manager
213 East Third Street
Alton, 11. 62002
United States Department of Agriculture
Secretary Mike Espy
Washington, D.C.
Dear Secretary Espy,
Our company provides telephone service to the Olive Branch area in
southern Illinois. We have gone to great expense to provide temporary
repairs to the facilities serving the Willard and Miller city areas only
to see the river once again removing the repaired road and possibly our
temporary facilities once again.
We urge you to use all your efforts to hasten the repair work on the
levee near Olive Branch, both at the break and at the north end near
Fayeville which is in dire straights.
We support the community and agree with them that a speedy repair on the
levee 18 of prime concern to all involved! We can not make any permanent
restoration as long as the levee is open or about to open on the north
end. The road repair work is in vain. And the residents are displaced.
We sincerely thank you for any help you can give in speeding up this
project and thank you for your initial help in undertaking the project.
Respectfully,
Mary Bender
Mary Bender
NOV 23 '93 13:20 FROM USDA TAMMS, IL
PAGE 006
Southern Illinois Electric Cooperative
U. S. 51 NORTH
P.O. BOX 100
DONGOLA, IL 62926
TELEPHONE: 618/827-3555
FAX: 618/827-3585
November 22, 1993
Honorable Michael Espy
U.S. Secretary of Agriculture
12th and Independence Avenue, S.W.
Washington, DC 20250
Dear Secretary Espy:
I am asking for your support in the rebuilding of the Len Small and Fayville
levees located along the Mississippi River in Alexander County, Illinois. The breach in
this levee has caused extensive damage to our electrical distribution system as well as
damage to the homes and fertile farming ground of the surrounding area.
A few days after the breach occurred, parts of electrical lines serving 53
connections washed away. This left the residents who remained in the area during
the flooding completely without electrical service for over eight weeks. At the first
opportunity, Southern Illinois Electric Cooperative built a 1.4 mile temporary line to
Cairo Public Utility's services to restore power to the isolated residents In the Miller
City and Willard areas. The line was built because there was no concelvable way for
the cooperative to restore service from its own facilities. The very next week after the
temporary line was built, the river came up again and washed away part of the line.
Fortunately, we were able to alter the line in order to keep service restored.
After a few weeks, we were able to reconnect the services back to our own
facilities by building a .9 mile tie line. However, as of now, the river has again risen
and this new line we built is in water. At this time, we are unsure if the current has
caused any permanent damage. We cannot travel the road to check for damages.
To date, Southern Illinois Electric Cooperative has sustained a minimum of
$65,000 damage from the flooding. We still have electrical lines that need to be
moved or rebuilt; but until the levee system is permanently reconstructed, we cannot
estimate the costs.
I ask for your support in helping the people in flood-ravaged Alexander
1
017
NOÙ 23 '93 13:20 FROM USDA TAMMS, IL
PHOE. our
November 22, 1993
Honorable Michael Espy
County get on with their lives. Until the levee is rebuilt, the people, utilities,
businesses, and governmental agencies cannot make permanent plans for the future.
Sincerely,
Larry Lood Larry Lovell
General Manager
2
018
NOU 23 '93 13:51
FROM USDA TAMMS, IL
PAGE. 003
ATES POSTAL
UNITED
SERVICE
USAN
United States
Postal Service
November 22, 1993
Mr. Mike Espy
Secretary of Agriculture
U. S. Department of Agriculture
Washington, DC 20250
Dear Mr. Espy:
This letter is in support of the concerted effort to expedite the repair of
the Len Small Levee at Miller City, Illinois. A large percentage of the
patrons that we serve on our rural route reside in that area. Presently, as
was the case a short time ago, most residents have had to evacuate. Many
of the roads are under water, washed out or otherwise closed to traffic.
The aforementioned conditions make it impossible for us to deliver mail to
our patrons. We manage to deliver through the rain, sleet, snow and gloom
of night, but the floods have produced a different problem. We, nor the
patrons, can access their mail receptacles. As a result, patrons must
travel into town to the Post Office to retrieve their mail.
We realize that the lack of mail delivery is only a small part of the pro-
blems and inconveniences faced by flood victims. However, it can be a very
important part since their requests for assistance, applications and checks
are sent and received through the mail. We will greatly appreciate any and
all assistance you can give in this matter.
Thank you for your consideration.
Sincerely
Elbert S. Simon
Postmaster
019
NOV 23 '93 13:12 FROM USDA TAMMS, IL
PAGE 018
EGYPTIAN COMMUNITY UNIT
SCHOOL DISTRICT NO. 5
"Building for the Future"
R.R. #1, Tamms. IL 62988
(618) 776-5251
FAX: (618) 776-5122
November 22, 1993
Mike Espy, Secretary of Agriculture
Dear Sir:
This is in regard to the question of replacement of the breached
Len Small levee in Alexander County, Illinois, and the potential
impact that the decision might have on Egyptian Community Unit
School District No. 5.
As you know our school building was utilized as a disaster emer-
gency center when the levee breach occurred this past July. For-
tunately, our students were on summer vacation at the time which
allowed us to provide our facilities without major impact on the
educational process.
Should, however, the breached levee not be replaced our school
district faces an uncertain future with regard to consequences of
subsequent flooding. Some of the potential detrimental effects
include: continued erosion of our property tax base due to addi-
tional lost homes, businesses and farm land; loss of enrollment
as families are forced to relocate; costs of re-routing buses
during floods; loss of state aid and instructional time due to
reduced attendance during floods; and increased stress on staff
and students as a result of flooding.
Obviously, replacement of this leves is an expensive endeavor,
but surely the cost must be weighed against the price to be paid
by our communities in term of financial, physical and psychologi-
cal suffering that will result from failure to do SO.
Sincerely,
MichaelCoryine
Michael Corzine
Superintendent
020
NOV 23 '93 13:09 FROM USDA TAMMS, IL
PAGE. 009
Cairo School District No. One
"MAKING A SIGNIFICANT DIFFERENCEI"
№1
303 - 34th Street
Cairo, Illinois 62914
Telephone 1-618-734-4102
Fax 1-618-734-4047
November 22, 1993
Mr. Mike Esby
Secretary of Agricultural
U.S.D.A. Room 3709
South Agricultural Bldg.
14th & Independence Avenue, Southwest
washington, D.C. 20250
Dear Secretary Esby:
I am requesting that you bring. to bear the full powers of
your office in support of the rebuilding of the levee systems
that protect the farm land and real property in and about the
Dog-Tooth bend area -- the communities of Willard, Miller City
and Olive Branch in Alexander County, State of Illinois.
Two-thirds of this land surface is in the Cairo School District #1,
Alexander County, State of Illinois.
We have been informed by local county officials if immediate
action is not taken to restore this flood damaged farm land to
productivity, our school district will experience approximately a
four million dollar decrease in assessed evaluation. Our present
assessed evaluation is $18,600,00 which will decrease to around
$14,500,000. This would in effect bankrupt the school district
in the next few years.
Most sincerely yours,
Dr. Elton J. Crim
Superintendent
jw
16:32
021
NOV 23 '93 13:09 FROM USDA TAMMS, IL
PAGE. 010
Cairo School District No. One
"MAKING A SIGNIFICANT DIFFERENCE!"
N°1
303 - 34th Street
Cairo. Illinois 62914
Telephone 1-618-734-4102
Fax 1-618-734-4047
October 27, 1993
FILE COPY
U.S. Department of Education
Office of Impact Aid
400 Maryland Avenue S.W.
Washington, DC 20202
ATTENTION: Mr. Jack Owen
As per your request. I am sending the information requested. I am
enclosing for your information a newspaper article from our local newspaper
dated October 14, 1993, and a copy of our original letter which accompanied the
application filed September 13, 1993.
The original assumptions stated in our application letter unfortunately are
coming true. Itemized paragraphs #3, #4, #5, #6 and 7 are becoming fact.
Reference: Newspaper Article.
Our school district administration cannot state at this time the full
impact of loss of tax revenues. After reassessment of property is completed.
which will affect the 1994 tax collection, we should be in a position to
accurately assess our loss of revenue.
Question: Will the Cairo School District #1, Alexander County, State of
Illinois be notified and provided forms to submit claim for
assistance by your office or will this come from our State
Education Office?
Also, will it be necessary for the District to request same or
will the claim forms be mailed in a. timely fashion by either
Federal or State agencies?
Sincerely yours,
Dr. Elton & /RPJ
Dr. Elton J. Crim
Superintendent
R.Lec Verble R. Les Ventle
R. Leo Verble
Assistant Superintendent
jw
DEC-08
Enclosure
CC: Linda Larson. ISBE
10/27/93
1022
NOU 23 '93 13:09 FROM USDA TAMMS, IL
PAGE. 011
Cairo School District No. One
"MAKING A SIGNIFICANT DIFFERENCE!"
303 - 34th Street
Cairo, Illinois 62914
Telephone 1-618-734-4102
Fax 1-618-734-4047
September 1, 1993
COPY
This statement is offered in response to ISBE Memorandum Dated August 19, 1993.
RE: Federal Disaster Assistance Programs: "LEAs unsure of the need for federal
assistance or the extent of the need should file an application to protect their
eligibility. Amended applications can be submitted at a later date." (Page 2 of
memo-)
To Whom It May Concern:
Cairo School District No. One of Alexander County, State of Illinois,
wishes to be considered for both State and Federal Assistance for extraordinary
expenses and loss of revenues the district expects to incur as the results of
flooding over approximately two-thirds of the school district. Because of the
deadline imposed for making request for assistance and the fact that the flood
water still covers much of the land and road areas of our school district, it is
next to impossible to know the full extent of damage and the impact of the
flooding-
Based on our most recent survey of the situation, our findings are as
follows.
1] The district has had no loss of facilities or equipment.
2] We expect transportation cost to increase because of extended student
bus routes necessary to accommodate displaced students and damage to
roads, normally part of our bus routes. It is a certainty that these
alternate student bus routes will be required for several months if
not for the entire school year-
3] We anticipate some loss of enrollment.
4] The school district covers 54 square miles of land surface.
Approximately two-thirds of this area was damaged by the flood and is
mainly agricultural land. We expect in the very near future a rather
severe loss in assess evaluation. After a meeting with the County
Assessor. we were informed that farm land may be devalued as much as
thirty percent.
CR/CZ/IT
16:33
023
NOV 23 '93 13:10 FROM USDA TAMMS, IL
PAGE. 012
Should the federal government decide to purchase Come 0: all of this
land for the wat lands program. the loss wili be even greater. No one
knows at this point in time the actual loss in the tax revenue to this
school district.
Due to our district's severe economic situation, any loss will have a
serious impact on the ability to provide adequate educational programs
for our students. If the levee system that has been protecting this
farm land is not repaired, land values of $800 to $1200 per acre will
plummet to anyone's guess; but obviously to one quarter or less in
value.
5] Farm homes, grain storage facilities, utility buildings, equipment,
and etc. will not be replaced and much of the areas will not be
productive for several years to come. This will add to the devalue of
the tax base for our school district.
6] Secondary roads will be unusable for school bus routes for an extended
period of time.
7] The Alexander County Clerk's office cannot at this time predict the
effect of the flooding on tax revenue for FY'93 of FY'92 rates. The
residents of the flooded area have lost all expected farm revenues for
this year. Over 30,000 acreages of farm land will not produce any
revenue this year.
Until the flood water totally recedes and actual loss can be assessed and
all related loss to school district and other governmental agencies are known,
we feel that factual assistance required cannot be stated.
We are requesting that an opportunity be made available at a later date for
making a request for assistance by the Cairo School District.
A map of the school district is enclosed with the flooded area highlighted
as a graphic picture of the situation.
Dr. Elton J. Crin, Superintendent
jw
keep our young people" in the area--
and to do sà, jobs must be available to
Caino,
Vol. 106 No.39
024
keep them here.
Dozens of people present voiced
Flood To Reduce County Tax Revenues
their support for building the prison
11 Tamms during an open testimony
The Flood of 93 effects are still
years may be us bad or even worse
so that they would know where the
reject the proposal.
ression sponsored by SIPC. Those
being Tell throughout Alexander
Some of that land may never be
program stood financially.
State's A unney Jeff Farris late
who testified represented a broad
County but the crowning blows may
protective again
Labor negotiations dominated the
lold the board that they should rejus
specirum of the Southernmost Illi-
not bc delivered umil next year and
Shealso told the board that of icitits
remainder of the meeting.
the decision because the arbitroic
nols community.-young and old,
several years 10 come
advised Doot stricken counties than
Doug Franklin of Laborers' Inter-
failed to comply with the guideline
itudents and retired people and many
'Tox revchuo from 1993 for Alex
they may have to upply for low-in-
national Union Local 773 represented
as he did not pick one or the office
others.
ander County will be drastically ra
tercsi loans 10 got through Uic next
courthouse office employees and
proposul but instead "played Kin
Darrell Williams of Cairo, a student
duced next your," upervisor of As-
couple years. Then if the evaluations
presented the board with a three year
Solomonand split il down the middle.
1( Shawnce Community College,
sessments Dorothy Mayberry widthe
don't come back up within throe yours
conunct. Board Chairman Louis Maze
Inother business the board accepic
simply said, "We need the jobs.
county Bodrd of Commissioners at a
the loans would become grant
SUNCO that they would look over the
the resignation of Edward Smith from
Federal and state legislators urged
metting Inst Tuesday at the Alex
This your's LUXCR are finally be
contract and svould givé the union a
Alexander County Housing Author
Peters and the state to pick the Tamiris
ander County Courthouse.
ginning 10 pour in and County Tren-
written response within 10 driys.
ily and appointed Dill Tawin 10 tak
site.
Mayberry had mel with surio offi
surer Francos Lee reported that the
The Board also rejected an
his place on the board
U.S Glenn Poshard, D.III.,
cials INC provious Monda and stion
lirst Tax distribution would be mude
hrbitmier's decision on a union con-
Chief Judge of the Circuit Cou
spoke of the strengths of the south
said they were considering an 83%
IN approxemently three weeks
tract with the Fraternal Order of Po-
Stephen Spomer made a prese malic
emmost Illinois community. citing
reduction in assessments for land that
In other business the board made
lice and the Sheriff's Deparminent's
10 the com missioners on a proposal
education, access 10 health care and
had " total crop loss;
the motion after И request by Lcc 10
employees.
combine ull the cicuit's nine probatic
be people. He also spoke of the need
"That would kill us," commented
have the Victim's Advocate grant put
Commissioner Gene Farris mo-
offices.
or jobs to keep young people at home.
Mayberry. We were hoping for a
into 1 separate account. The motion
lioned for the board 10 reject the arbi-
The combination of offices wi
"We need the jobs. The bottom line
50% reduct but we will have to
also stated that the health insurance
trision proposal because the board
enable the coun to provide been
$ that we need the jobs," Poshard
wait and scc
for the program would come out of
does not recognize the FOP as the
services 10 all counties while bein
ald.
According to Mayberry there are
the grant money and not the general
bargaining agent for the Sheriffs
more COST afferive
State Rep. David Phelps, D.
more than 23,000 acres in Alexander
fund. It also requested that copies of
Department Mare and commissioner
Udorado, spoke of what he called
County which had 2 total crop loss.
all pmperwork and transactions be
Rollie "Mill" Minlock also agreed 10
ntangibles which made the Tamins
She also stated that the following
turned over to the board and treasurer
Schools, City Share
FROM USDA
Provides Comfort, Eases Pain
Financial Problems
Financial problems those of
for a better future
Cairo's school system and its city
"There are going O Dr some UL
government- were the primary topic
peraie people here and despens
of discussion at Tuesday's meeting of
the Cairo City Council.
people arcn't nice to ht around. lì W
Dr. Elton J. Crim, superintement
don't have a better school distric
NOV 23 '93 13:52
of Calro schools, appeared before the
than we beller get a bigger polic
council to share with city leaders the
elepariment.
budgetary crisis faced by Cairo Dis-
"I'm not here R) bury Cairo Uwa
trict Number One.
us all 10 work together for a bill
"The school district is broke." he
place for all."
11/23/93
said. The district has spent $500,000
Cairo Mayor Junes Wilson
a year more than is is getting. We've
sponded, "the city is following il
done all the fancy borrowing we can
some financial crisis, dollar for dull
do: now we're getting Into exotic
and we're exploring all avenues
11/23/93
16:35
025
NOU 23 '93 13:14 FROM USDA TAMMS, IL
PAGE. 021
HOV-22-97 MON 15:59 SHAWNEE COMM COLLEGE
P.02
HAWNEE
ZOMMUNITY
OLLEGE
College Road # Ultin, Illinois 62992 . (618) 634-2242
November 22. 1993
Honorable Michael Espy
US Department of Agriculture
Washington, DC
Dear Secretary Espy:
1 am writing requesting your support in allocating the necessary funds to reconstruct the Len-
Small Levee District in Union and Alexander counties in southernmost Illinois.
As you are well aware, the breach of this levee during the summer of 1993 had a devastating
effect upon hundreds of residents of Union and Alexander countles.
Fullure to repuir the Len-Small Levee District will take approximately 26,000 acres of farmland
NUE of production. The removal of this farmland from production will cause a decrease in
property value therefore reducing our tax base,
IL is my belief that without the reconstruction of this levee, several families will relocate from
our community college district. This will reduce the number of potential students who would
otherwise attend our Institution.
There is also a concern for the number of individuals who have became unemployed due to this
disaster. These individuals will not be able to regain employment status until the this matter has
been resolved.
The several hundred families that were effected by the flood and I would greatly appreciate any
support you give to this matter.
Sincerely,
JD. Hir
J.D. Hill
President
*Where the Community really Countsl'
11/23/93
16:35
NOV 23 '93 13:12
026
FROM USDA TAMMS, IL
PAGE. 017
Horseshoe Lake Chamber of Commerce
P.O. Box 243
Olive Branch. Illinois 62969
Phone: 618.776 5198
C
Hersechoo L=ke
November 22, 1993
Secretary of Agriculture
Mike Epsy
Washington D. D.
Dear Secretary:
We are writing in regards to the Fayeville Levee in Alexander County.
This levee was destroyed in the 1993 Mississippi River flood this year.
The economic loss because of this 18 astronomical. Many residents had
to move out, roads were weshed out, the water system destroyed, and
businesses came to a standstill.
There are still many who have been unable to return to their homes
because of no water.
All crops in the flooded area were lost. The bait shops closed because
there was no business. Two motels were hurt because of flood waters in
their business, one motel was closed because flood waters over the road
would not permit their customers access to motel.
There are more than 270 residences, businesses, hunting clubs, churches
and camping sites affected.
We realize the stress of financial difficulty in Washington, but need
your support to help get the levee system reconstructed. Our county
is desperate for this to be done as it is affecting many people's jobs
and we are already in a depressed state.
We would be 80 appreciative of anything you can do for us, and trust
the Soil Conservation Service will be permitted to rebuild this leve.
Doris Maze, President
Sincerely, Dorin mage
Horseshoe Chamber of COmmerce
11/23/93
16:36
1027
NOU 23 '93 13:13 FROM USDA TAMMS, IL
PAGE. 020
ta
Tamms State Bank
Second & Russell Ave. Tamms, Illinois 62988
Facility: 2801 Sycamore Cairo, Illinois 62914
TO:
MIKE ESPY, SECRETARY OF AGRICULTURE
FROM:
R. KIPP KREITZER,
EXECUTIVE VICE PRESIDENT
DATE:
NOVEMBER 22, 1993
RE:
IMPACT OF THE FLOOD OF 1993
May this short note serve as our response to the question of the
replacement of the Len Small levee in Alexander County, Illinois.
As the primary agricultural lender in Alexander County, we have first hand
knowledge of the impact of the flood, not only on our agricultural
borrowers, but also on the bank itself.
Many farm customers were unable to harvest their crops due to the
damage of the flood; consequently, they were unable to repay their
operating loans. Farmers are accustomed to the inconsistency of weather
and the resulting changes in crop yield from year to year. Very. seldom,
however, are they accustomed to having all their crops destroyed and be
unable to receive any income for their hard work. The economic impact of
being unable to plant and harvest crops for a two year period would be
devastating; and, this very well may happen, unless the breached levees
are replaced and/or repaired.
The inability to replace the levee would also have an adverse impact on
the bank. Obviously, certain loans would be in default and the bank may
be forced to foreclose. If the cropland is permanently non-farmable as a
result, the bank could be in a position of loss as well. Being located in a
rural community, Tamms State Bank takes responsibility, under the
Community Reinvestment Act, to make loans within our defined market
area. Since our market area is primarily agricultural, and our bank is one
of the largest originators of FmHA guaranteed loans in the State of
Illinois, we would be at a disadvantage in funding the legitimate credit
needs of our market and helping to provide the credit that creates the
income on which our borrowers pay taxes.
11/23/93
16:36
1
028
NOU 23 '93 13:11
FROM USDA TAMMS, IL
PAGE. 014
GB
ENTERPRISES, INC.
POST OFFICE BOX 249 / MANDEVILLE, LA 70470-0249 I (604) 897-3500
November 23, 1993
Mr. Mike Espy
Secretary of Agriculture
U.S.D.A.
Washington, DC
Dear Mr. Espy:
It has come to my attention that there is a strong possibility the Fayville levee in
Alexander County, Illinois will not be rebuilt following the flooding this summer that
destroyed it. I further understand that the fate of approximately 37,000 acres of
highly productive farmland ordinarily protected by the Fayville levee rests on the
decision to rebuild.
I would like to take this opportunity to express our concern on behalf of land owners
who have been so devastated by the flooding of 1993 and whose livelihood is
affected by the future of this levee decision. Many of these people have lost a lot of
what they own and cling to hopes of rebuilding only if they can regain protection
and production of their land.
Consolidated Grain & Barge Co. owns an elevator river terminal located in Mound
City, Illinois. We represent one of the major market places for the crops grown on
this approximately 37,000 acres of highly productive farmland. Production from this
area is very Important to our business. Loss of production from this area, because of
the number of acres involved and because of the high productivity of the land
compared to other land in the area, would have a strong adverse affect on our
business and the local economy. We presently employ 43 workers, however, a cut in
our business volume would surely mean layoffs. We respectfully submit a voice in
favor of rebuilding the Fayville levee.
Thank you for your time and consideration. Your attention to this pressing issue is
greatly appreciated.
Regards,
CGB Enterprises, Inc.
Richard R. Wilcof
Richard K. Wilcox
President and CEO
RKW/bc
11/23/93
16:37
029
NOU 23 '93 13:19
FROM USDA TAMMS, IL
PAGE. 005
ADM
GROWMARK
P.O. Box 138
100 COMMERCIAL
MOUND CITY, ILLINOIS 62963
(618) 748-9208
(800) 527-5281
November 22, 1993
Mike Epsy
Secretary of Agriculture
Washington, D. C.
Dear Sir:
Our business was greatly effected this year by the loss
of crops due to the extreme flooding in our area. In
particular, as a result of the levee break in the Miller
City area, many acres of prime farmland was inundated and
a large volume of grain was lost.
We urge that some branch of government assist these farmers
by rebuilding the levee as soon as possible. We are concerned
about future crops for this area if the repairs are not made
immediately. With each slight rise in the Mississippi
River, more damage is done to property, and if the repairs
are not made before time for spring planting, next year will
be another bad one for an area of the state which is already
hard pressed economically.
Alexander County desperately needs the money these farmers
put into our economy, and they need assistance urgently to
get this levee back. Your influence in this matter would be
greatly appreciated.
Sincerely,
Dand P. Party
David R. Porter
Manager
DP/bw
11/23/93 16:37
030
NOV 23 '93 13:14 FROM USDA TAMMS, IL
PAGE. 022
WORTHINGTON FARMS
Olive Branch, Illinois
November 22, 1993
U.S. Secretary of Agriculture
Mike Espy
USDA
Washington D.C. 20025
Dear Secretary Espy:
Our family has farmed and had a hunting club and lodging for
thirty years. Our roots are here in Alexander County. We
desperately need levee repair for the economy of all in this area.
We will greatly appreciate any help from any organization.
Ruth Sincerely, of CO. Worthington
Ruth & C.J. Worthington
11/23/93
16:37
|031
NOU 23 '93 13:14 FROM USDA TAMMS, IL
PAGE. 023
MELTON'S
BOATS
RED CASHE ILL 00913
November 22, 1993
Secretary of Agricultre, USDA
Mike Epsy
Washington, D. C. 20025
Dear Mr. Epsy:
I am writing in reference to the two levee systems in Alexander
County. They are the Lynn Small and Fayeville Levees.
This year the Fayeville Levee broke and it costed me between
$15000 - $20000 not counting the loss of income. I have had to
move out twice, and it appears I may have to move out again.
When the levee system WGB in place the river got up to 45 feet
but it did not get in my place. Since the levee broke and-is
gone the river is at 35 feet and almost in my place again.
I rent cabins to Fishermentand Goose Hunters, and since the river
has flooded this year I have no income.
Businesses in this area will not be able to exists without
the levees in place.
Please use your expertise in getting our levees rebuilt.
Yours truly,
Jim Melton
Rt 1 Box 211
Cache, Il. 62913
CC: Paul Simon
Jerry Costello
Jim Rea
David Phelps
J.H.melton
Camp
11/23/93
16:38
1032
NOV 23 '93 13:15 FROM USDA TAMMS. IL
PAGE. 024
November 22, 1993
Mike Espy, USDA Secretary
Washington, D. C.
Dear Mr. Espy:
As a business owner of Jones Service Station and Kozy Korner
Restaurant in Olive Branch, IL. I urge you to use your
influence to get the Fayeville Levee rebuild in Alexander
County.
The loss of income here has been drastic because of the
flood, and the loss of jobs due to the flood.
We are a small county, and this levee breakage has been
a great disaster economically for our area.
Any consideration you can give us will be greatly appreciated.
Yours,
Bobby Jones.
Box 398
Olive Branch, II. 62969
11/23/93 16:43
002
NOU 23 '93 13:15 FROM USDA TAMMS, IL
PAGE. 026
PATTON FARMS AND HUNTING CLUB
Rte 1, Miller City 62962
November 23, 1993
U.S. Secretary of Agriculture
Mike Espy
USDA
Washington D.C. 20025
Dear Mr. Secretary:
Our family has lived in Alexander County for 3 generations. We have
farmed the land this entire time and we have also run a hunting club
since 1953, I personally have lost my home and roughly 75% of my farm
land to date. However. I still want to remain in the area but have mixed
emotions about this until a levee can be rebuilt.
Having lived here since birth and my family before me, I can
personally attest that if the Len Small levee is not rebuilt, this entire
community is in jeopardy of survival.
Thank you for your attention on thie matter.
Sincerely,
Brea Patton
Greg Patton
RECEIVED
11/23/93 16:44
003
NOV 23 '93 13:19 FROM USDA TAMMS, IL
PAGE. 004
November 22, 1993
Secretary of Agriculture
Mike Espy, USDA
Washington DC 20025
Dear Secretary:
I wish to convey to you my wish that the Fayeville Levee be rebuilt
in Alexander County, Illinois.
This levee is greatly needed in our area to protect the homes of
around 200 people, plus two churches, camping area, and farmers.
As the general manager of the Food Town Grocery Store in Olive Branch,
I can tell you the flood this year has been a Aindrance to our
economy-
The Faywville Levee is needed, and I BE trusting you to be able to
forego the bureaucracy to get this job done.
Very truly yours,
Rodney Davis, General Manager
Food Town
Olive Branch, II. 62969
Rodney Dawd
11/23/93
16:44
8
NOU 23 '93 13:19 FROM USDA TAMMS, IL
004
PAGE. 003
Ogborn Bookkeeping & Tax Service
TARY'L OCBORN
PUBLIC ACCOUNTANT
1843 CAROLINA LANE
ROUTE 3. NORTH
CAPE GIRARDEAU. MISSOURI 63701
P. o. Box 238
(314) 334-1053
OLIVE BRANCH, ILLINOIS 62969
(618) 776.5312
NOVEMBER 22, 1993
MR. MIKE EPSY
SECRETARY OF AGRICULTURE
UNITED STATES DEPARTMENT OF AGRICULTURE
WASHINGTON, D.C.
RE: ALEXANDER CTY FLOOD DISASTER
DEAR SECRETARY EPSY:
THE PEOPLE OF ALEXANDER COUNTY ARE DESEPARATE TO HAVE THE
FAYEVILLE LEVEE REPAIRED. THE WHOLE COMMUNITY IS SUFFERING FRON
THE FLOOD OF 1993. WE CANNOT REBUILD AND RECOVER FROM THIS
DISASTER UNLESS THE LEVEE IS REPAIRED AND REPLACED. THE ROADS
AND WATER SYSTEM JUST CONTINUE TO WASH AWAY AS FAST AS THEY ARE
REPAIRED EVERY TIME THE RIVER RISES, AND THE PEOPLE JUST CONTINUE
TO HAVE TO MOVE FROM THEIR HOMES ABOUT THE TIME THEY HAVE CLEANED
UP AND REPAIRED FROM THE FLOOD. THE WHOLE ECONOMY IS STILL
SUFFERING FRON THE FLOOD UNTIL THE LEVEE IS REPAIRED AND
REPLACED.
SINCERELY YOURS,
Day L. Oqborn
GARY L OGBORN
PUBLIC ACCOUNTANT
11/23/93 16:44
005
NOU 23 '93 13:18 FROM USDA TAMMS, IL
PHGE. 002
November 22, 1993
Mike Espy, Secretary of USDA
Washington, DC.
Dear Mr. Espy:
I am writing to you concerning the Fayeville Levee that was destroyed
in the 1993 Mississippi River flood.
I own a service station in Olive Branch and my income has been greatly
reduced because of the levee breakage, and loss of jobs.
Many farmers lost their crops, and therefore are unable to pay their
bills, which leaves businesses in this area in 3 poor condition.
Should this levee not be rebuilt, this area will be restrictedation,
what it can accomplish.
Please do whatever is necessary to get this levee rebuilt, and know
that we are in your corner.
Thanks.
Raymber Yours truly,
Raymond Snell
Olive Branch, Il. 62969
SUBJECT: Memorandum for General Distribution: Restatement of
Federal Levee Policy
Purpose
The Purpose of this memorandum is to clarify the Federal policy
on repairing levees in the Midwest. The Army Corps of Engineers
(Corps) and the Department of Agriculture Soil Conservation
Service (SCS) are the principal Federal agencies responsible for
repairing levees, the Corps under its Public Law 84-99 program
and the SCS under its Emergency Watershed Protection (EWP)
program. This memorandum provides background on why the current
Corps policies were established, describes the process the two
agencies are using to identify levees that are under their
respective jurisdiction, addresses eligibility criteria and
allowable exceptions for provision of levee rehabilitation funds,
and establishes SCS criteria for prioritizing levee
rehabilitation funding.
Corps Policy
Existing Corps policy resulted in part from an internal Corps
review of its practices prior to 1986. Among the principal
findings in the review were:
a lack of sponsor commitment in fulfilling operations and
maintenance requirements subsequent to Federal investments in
rehabilitation,
recurring rehabilitation at Federal expense of levees not
meeting minimal engineering standards,
recognition of the difficulties associated with
determining, after a flood event, the level and adequacy of levee
design and maintenance that existed prior to the flood, and
issues related to state and local government floodplain
management prerogatives. As a result of the review in 1986, the
Corps proposed rules to overcome identified shortcomings to bring
discipline to the program and insure maximum benefits from
Federal expenditures. The rules clearly established the Corps
intent to develop a program that ensured levees accepted into the
active inventory met minimal standards. A public sponsorship
requirement addressed the need for a financially viable public
sponsor so as to ensure proper stewardship of the Federal
investment and proper consideration of state and local floodplain
management prerogatives. Based on numerous comments received
during the
comment period for the proposed rules, the Corps allowed a two-
year grace period from the implementation date of the new rules
for levees to obtain public sponsorship. This grace period ended
July 15, 1988.
Delineation
In 1986, the Corps and the SCS signed a Memorandum of Agreement
(MOA) which outlined how the two agencies would delineate
responsibility for repair of levees. The agencies agreed as a
general principle that the Corps would be responsible for
repairing levees with contributing drainage areas of 400 square
miles or greater. The SCS would handle levees with drainage
areas of less than 400 square miles. To ensure proper
implementation of this part of the MOA, appropriate Corps and SCS
officials in each state are identifying the geographic
delineation of Corps and SCS areas of responsibility. The 400
square-mile criterion will be used as a guide, but will be
adjusted where it is prudent to do SO. Should the local Corps
and SCS officials not agree on a delineation, the case will be
forwarded to agency headquarters officials for resolution. The
SCS will not fund the repair of any levee within the geographic
areas under Corps jurisdiction.
Levee Repair Policy in Corps of Engineers Geographic Areas.
Corps policy, as established in 1986, requires that levee
sponsors be active participants in the Corps program at the time
of a disaster event in order to be considered for eligibility for
assistance to repair the levees. An active status means that the
Corps has inspected the levee and has accepted the levee into its
program, or, that the levee sponsor has requested an inspection
prior to occurrence of the disaster event. Active status does
not guarantee repair -- the Corps also requires that the benefits
from the repair will exceed the costs and that repairs can be
undertaken in full compliance with environmental laws. In
addition, locally constructed levees must be cost-shared with a
20 percent non-federal share. These requirements are identified
in the Corps Engineering Regulation 500-1-1.
In 1986, the Corps informed levee sponsors of its PL 84-99
program eligibility requirements and invited them to apply for
participation in the program. Many sponsors responded to the
Corps invitation and levees were placed in the active status
based on field inspections conducted by Corps personnel. Many
other sponsors did not respond. As a result of the Midwest Flood
of 1993, many sponsors in this latter group have asked the Corps
to repair their levees. These levees are not eligible for Corps
assistance and they are ineligible for other Federal funding in
accordance with current FEMA, Corps, and SCS policy with two
exceptions:
- the first exception applies when the levee was constructed
after 1986, the levee sponsor can demonstrate that the
levee has been properly maintained and the levee sponsor
meets all other Corps eligibility requirements- in this
case the levee would be given the same consideration as if
it had been in active status before the flood;
- the second exception is when the levee protects critical
public infrastructure (e.g., major roads and water and
wastewater treatment plants) that are at risk behind
levees that were ineligible for the Corps program because
of lack of public sponsorship provided that the levee
would otherwise meet the requirements of the Corps'
program: in this case, the levees will be repaired using
funds made available from the Economic Development
Administration (EDA) under its Emergency authority
(details are covered below).
Levee Repair Policy in Soil Conservation Service Geographic
Areas.
Levees will be eligible for SCS's EWP when there is a potential
for loss of life or property without the repairs; the benefits
associated with repairing the levee exceed the cost of levee
repairs and other levee-dependent costs -- cropland restoration,
facilities repairs, and structure repairs -- that should occur
only if the levee is rebuilt; and, the levee owner agrees to meet
SCS's eligibility requirements for engineering and maintenance.
Eligibility for the EWP does not guarantee that the repairs will
be funded.
Funds available to repair levees are not sufficient to repair all
levees that are eligible for SCS assistance. Therefore, the SCS
will use the following criteria to prioritize levees they will
repair;
type of property protected by the levee,
past performance of sponsors,
past record of operations and maintenance,
environmental impact, and
local rules and regulations.
In a small number of cases, levees in the SCS's geographical
areas have been retained in the active status of the Corps PL 84-
99 program. These levees will be treated as if they were in the
Corps areas. They will be rebuilt by the Corps if the benefit-
cost and environmental compliance tests are met. If the Corps
determines that they are not eligible for PL 84-99 assistance,
they will not be repaired by any other agency.
EDA Funding and Repair Policy:
In some cases, levees within the Corps geographic area are
ineligible to receive assistance because of lack of participation
by a public sponsor prior to the 1993 Midwest flood. In those
cases, if it is determined that the levee protects critical
public infrastructure, it will be eligible for assistance from
EDA, provided also that:
- a public sponsor is identified and can demonstrate
sufficient financial capability to comply with the
requirements of this section;
- the levee otherwise meets the requirements of the
rehabilitation program established by the Corps for
operation, maintenance, and design;
- the benefits derived from repair or reconstruction exceed
the repair costs; and
- the public sponsor agrees to include its levee in the
Corps program and enters into a written agreement
acknowledging that future Federal assistance will be
conditional upon complying with the terms of the Corps
Levee Assistance Program and participation in the program.
Future assistance would be provided through the Corps of
Engineers PL 84-99 Emergency program).
In carrying out this program, EDA will coordinate with the Corps
to assure that the levee meets all necessary Corps criteria and
that future eligibility in the Corps program can be maintained.
The final decision as to whether or not a levee will be repaired
under this program will be solely that of EDA.
The non-Federal share of the cost of a levee rehabilitation
project for which assistance is made available by EDA shall be:
- to provide all lands, easements, rights-of-way, borrow
areas and dredged material disposal areas necessary for
the project; and
- to provide 25 percent of the costs of construction of the
project of which 5 percent of such costs shall be paid in
cash, or cash equivalent (as opposed to in-kind services)
from non-Federal sources.
Not more than $18 million will be made available from funds
provided to EDA under the Emergency Supplemental Appropriations
(P.L. 103-75) for this purpose. In order to assure that all
interested applicants are given an equal chance to be considered,
EDA will accept applications for assistance through December 20,
1993. If the total estimated cost of all applications exceeds
$18 million, it will be necessary to prioritize the work.
Prioritization will be based on the nature of the public
infrastructure protected and the degree to which the levee repair
meets the economic objectives of EDA.
November 16, 1993
MEMORANDUM FOR Mike Espy, Secretary, Department of Agriculture
Leon Panetta, Director, OMB
Carol Rasco, Assistant to the President for
Domestic Policy
Dr. Ed Dickey, Acting Assisting Secretary of the
Army for Civil Works
FROM:
Kathi Way, Special Assistant to the President
SUBJECT:
Federal Levee Policy for the Army Corps of
Engineers, Soil Conservation Service for Federal
Emergency Management Agency
In recent weeks there has been some misunderstanding on
Capitol Hill and in the midwest concerning the federal policy
administered by the Army Corps of Engineers (the Corps), and the
Soil Conservation Service (SCS) principal federal agencies
responsible for repairing levees. Specifically, questions have
been raised regarding (1) the eligibility requirements for levee
reconstruction funding, and (2) the respective levee
reconstruction jurisdictions for the Corps, and SCS. To clarify
the federal levee policy we have prepared the attached policy
statement which explains, in one single document, each agency's
eligibility requirements and jurisdiction.
Unless comments are received by 8:00 a.m., November 17,
1993, I will assume the attached policy is ready for release.
SUBJECT: Memorandum for General Distribution Restatement of
Federal Levee Policy
The Purpose of this memorandum is to clarify the Federal policy
on repairing levees in the Midwest. The Corps of Engineers and
the Soil Conservation Services (SCS) are the principal Federal
agencies responsible for repairing levees, the Corps under its
Public Law 84-99 program and the SCS under its Emergency
Watershed Protection (EWP) program. This memorandum provides
background on why the current Corps policies were established,
describes the process the two agencies are using to identify
levees that are under their respective jurisdiction, addresses
eligibility criteria and allowable exceptions for provision of
levee rehabilitation funds, and establishes SCS criteria for
prioritizing levee rehabilitation funding.
Existing Corps policy resulted in part from an internal Corps
review of its practices prior to 1986 in order to bring
discipline to the program and to realize the maximum benefits
from Federal expenditures. Among the principal findings in the
review were (1) a lack of sponsor commitment in fulfilling
operations and maintenance requirements subsequent to Federal
investments in rehabilitation, (2) recurring rehabilitation at
Federal expense of levees not meeting minimal engineering
standards, (3) recognition of the difficulties associated with
determining, after a flood event, the level and adequacy of levee
maintenance that existed prior to the flood, and (4) issues
related to state and local government floodplain management
prerogatives. As a result of the review in 1986, the Corps
proposed rules to overcome identified shortcomings in the
program. The rules clearly established the Corps' intent to
develop a program that ensured levees accepted into the active
inventory met minimal standards. A public sponsored requirement
addressed the need for a financially viable public sponsor so as
to ensure proper stewardship of the Federal investment and proper
consideration of state and local floodplain management
prerogatives. Based on numerous comments received during the
comment period for the proposed rules, the Corps allowed a two-
year grace period from the implementation date of the new rules
for levees to obtain public sponsorship. This grace period ended
July 15, 1988.
In 1996, the Corps and the SCS signed a Memorandum of Agreement
(MOA) which outlined how the two agencies would delineate
responsibility for repair of levees. The agencies agreed as a
general principle that the Corps would be responsible for
repairing levees with contributing drainage areas of 400 square
miles or greater. The SCS would handle levees with drainage
areas of less than 400 square miles. To ensure proper
implementation of this part of the MOA, appropriate Corps and SCS
officials in each state are identifying the geographic
delineation of Corps and SCS areas of responsibility. The 400
square-mile criterion will be used as a guide, but will be
adjusted where it is prudent to do so. Should the local Corps
and SCS officials not agree on a delineation, the case will be
forwarded to agency headquarters officials for resolution. In a
few cases, this delineation will result in levees classified by
the Corps as "active" in its P.L. 84-99 program being located in
an area of SCS responsibility.
Levee Repair Policy in Corps of Engineers Geographic Areas.
Corps policy, as established in 1986, requires that levee
sponsors be active participants in the Corps program at the time
of a disaster event in order to be considered for eligibility for
assistance to repair the levees. An active status means that the
Corps has inspected the levee and has accepted the levee into its
program, or, that the levee sponsor has requested an inspection
prior to occurrence of the disaster event. Active status does
not guarantee repair -- the Corps also requires that the benefits
from the repair will exceed the costs and that repairs can be
undertaken in full compliance with environmental laws. In
addition, locally constructed levees must be cost-shared with a
20 percent non-federal share. The SCS will not fund the repair
of any levee within the geographic areas under Corps
jurisdiction.
In 1986, the Corps informed levee sponsors of its PL 84-99
program eligibility requirements and invited them to apply for
participation in the program. Many sponsors responded to the
Corps' invitation and levees were placed in the active status
based on field inspections conducted by Corps personnel. Many
other sponsors did not respond. As a result of the Midwest Flood
of 1993, many sponsors in this latter group have asked the Corps
to repair their levees. These levees are not eligible for Corps
assistance and they are ineligible for other Federal funding in
accordance with current FEMA, Corps, and SCS policy.
Levee Repair Policy in Soil Conservation Service Geographic
Areas.
Levees will be eligible for SCS's EWP when there is a potential
for loss of life or property without the repairs; the benefits
associated with repairing the levee exceed the cost of levee
repairs and other levee-dependent cost -- cropland restoration,
facilities repairs, and structure repairs -- that should occur
only if the levee is rebuilt; and, the levee owner agrees to meet
SCS's eligibility for the EWP does not guarantee that the repairs
will be funded.
Funds available to repair levees are not sufficient to repair all
levees that are eligible for SCS assistance. Therefore, the SCS
will use the following criteria to prioritize levees they will
repair; (1) type of property protected by the levee, (2) past
performance of sponsors, (3) past record of operations and
maintenance, (4) environmental impact, and (5) local rules and
regulations. FEMA may fund levees within SCS's geographic area
of jurisdiction only in cases that meet the requirements of the
first exception mentioned above (i.e., the levee protects
critical public infrastructure and is ineligible for SCS
assistance).
In a small number of cases, levees in the SCS's geographical
areas have been retained in the active status of the Corps' PL
84-99 program. These levees will be treated as if they were in
the Corps' areas. They will be rebuilt by the Corps if the
benefit-cost and environmental compliance tests are met. If the
Corps determines that they are not eligible for PL 84-99
assistance, they will not be repaired by any other agency, unless
they meet the requirements of the first exception.
THE WHITE HOUSE
WASHINGTON
November 16, 1993
MEMORANDUM FOR Mike Espy, Secretary, Department of Agriculture
Leon Panetta, Director, OMB
Carol Rasco, Assistant to the President for
Domestic Policy
Dr. Ed Dickey, Acting Assisting Secretary of the
Army for Civil Works
FROM:
Kathi Way, Special Assistant to the President
SUBJECT:
Federal Levee Policy for the Army Corps of
Engineers, Soil Conservation Service for Federal
Emergency Management Agency
In recent weeks there has been some misunderstanding on
Capitol Hill and in the midwest concerning the federal policy
administered by the Army Corps of Engineers (the Corps), and the
Soil Conservation Service (SCS) principal federal agencies
responsible for repairing levees. Specifically, questions have
been raised regarding (1) the eligibility requirements for levee
reconstruction funding, and (2) the respective levee
reconstruction jurisdictions for the Corps, and SCS. To clarify
the federal levee policy we have prepared the attached policy
statement which explains, in one single document, each agency's
eligibility requirements and jurisdiction.
Unless comments are received by 8:00 a.m., November 17,
1993, I will assume the attached policy is ready for release.
THE WHITE HOUSE
WASHINGTON
November 16, 1993
MEMORANDUM FOR Mike Espy, Secretary, Department of Agriculture
Leon Panetta, Director, OMB
Carol Rasco, Assistant to the President for
Domestic Policy
Dr. Ed Dickey, Acting Assisting Secretary of the
Army for Civil Works
FROM:
Kathi Way, Special Assistant to the President
SUBJECT:
Federal Levee Policy for the Army Corps of
Engineers, Soil Conservation Service for Federal
Emergency Management Agency
In recent weeks there has been some misunderstanding on
Capitol Hill and in the midwest concerning the federal policy
administered by the Army Corps of Engineers (the Corps), and the
Soil Conservation Service (SCS) principal federal agencies
responsible for repairing levees. Specifically, questions have
been raised regarding (1) the eligibility requirements for levee
reconstruction funding, and (2) the respective levee
reconstruction jurisdictions for the Corps, and SCS. To clarify
the federal levee policy we have prepared the attached policy
statement which explains, in one single document, each agency's
eligibility requirements and jurisdiction.
Unless comments are received by 8:00 a.m., November 17,
1993, I will assume the attached policy is ready for release.
THE WHITE HOUSE
WASHINGTON
November 16, 1993
MEMORANDUM FOR Mike Espy, Secretary, Department of Agriculture
Leon Panetta, Director, OMB
Carol Rasco, Assistant to the President for
Domestic Policy
Dr. Ed Dickey, Acting Assisting Secretary of the
Army for Civil Works
FROM:
Kathi Way, Special Assistant to the President
SUBJECT:
Federal Levee Policy for the Army Corps of
Engineers, Soil Conservation Service for Federal
Emergency Management Agency
In recent weeks there has been some misunderstanding on
Capitol Hill and in the midwest concerning the federal policy
administered by the Army Corps of Engineers (the Corps), and the
Soil Conservation Service (SCS) principal federal agencies
responsible for repairing levees. Specifically, questions have
been raised regarding (1) the eligibility requirements for levee
reconstruction funding, and (2) the respective levee
reconstruction jurisdictions for the Corps, and SCS. To clarify
the federal levee policy we have prepared the attached policy
statement which explains, in one single document, each agency's
eligibility requirements and jurisdiction.
Unless comments are received by 8:00 a.m., November 17,
1993, I will assume the attached policy is ready for release.
THE WHITE HOUSE
WASHINGTON
November 16, 1993
MEMORANDUM FOR Mike Espy, Secretary, Department of Agriculture
Leon Panetta, Director, OMB
Carol Rasco, Assistant to the President for
Domestic Policy
Dr. Ed Dickey, Acting Assisting Secretary of the
Army for Civil Works
FROM:
Kathi Way, Special Assistant to the President
SUBJECT:
Federal Levee Policy for the Army Corps of
Engineers, Soil Conservation Service for Federal
Emergency Management Agency
In recent weeks there has been some misunderstanding on
Capitol Hill and in the midwest concerning the federal policy
administered by the Army Corps of Engineers (the Corps), and the
Soil Conservation Service (SCS) principal federal agencies
responsible for repairing levees. Specifically, questions have
been raised regarding (1) the eligibility requirements for levee
reconstruction funding, and (2) the respective levee
reconstruction jurisdictions for the Corps, and SCS. To clarify
the federal levee policy we have prepared the attached policy
statement which explains, in one single document, each agency's
eligibility requirements and jurisdiction.
Unless comments are received by 8:00 a.m., November 17,
1993, I will assume the attached policy is ready for release.
EXECUTIVE OFFICE OF THE PRESIDENT
26-Oct-1993 09:49am
TO:
FROM:
Kevin F. Neyland
Office of Mgmt and Budget, NRSS
SUBJECT: Federal Levee Policy Memo
A draft memo was distributed at yesterday's meeting at FEMA, which
has the stated purpose of clarifying Federal policy on repairing
levees in the Mid-West. FEMA (James Walk) is drafting the memo
with input from the Corps (Bob Stearns) and SCS (Tom Wehri). The
draft is a good start, but, in my opinion, needs further
clarification.
The need for the "clarification" in the first place is because
the SCS was rebuilding levees along the Grand River in Missouri
where adjacent levees in the Corps program were not being rebuilt.
I have the following concerns:
1) Geographic Demarkation
Originally, the memo was supposed to clarify the geographic
demarkation between the two agencies' responsibilities (e.g.,
Route 36 along the Grand River). As drafted, the memo does not
say anything about Route 36, only briefly mentions a 1986 MOU that
split responsibilities according at a 400 square mile drainage
area, and then says that the demarkation will be adjusted. This
is anything but clear.
2) Corps Rebuild Criteria
The memo includes a rationale for the Corps policies which is to
bring discipline to the program and to realize the maximum
benefits from Federal expenditures. This leads into a discussion
that levees must have public sponsorship and be maintained to
minimal standards. However, what is missing is a direct statement
that, to be rebuilt, the levee must have public sponsorship and
pass economic and environmental tests. This should be explicitly
stated so that there is no misunderstanding.
3) SCS Rebuild Criteria
The SCS criteria are too soft. The memo implies that all SCS
levees will be rebuilt as time and money permit because all that
they have is a priority system. The conclusion a reader would
reach is that the only thing slowing the SCS down is the lack of
appropriations. To be clear, the memo needs to explicitly state
that the SCS would require economic and environmental tests that
are similar to the Corps (in addition to the criteria that SCS
would not rebuild a levee rejected by the Corps) so that levee
rebuilding is not seen as an entitlement.
4) FEMA Rebuild Criteria
The memo describes an exception (i.e., protects public
infrastructure) under which FEMA could rebuild a levee. The memo
states this as "(i)n this case, FEMA may fund the levee repair.' "
Unfortunately, use of the word "may" does not clearly state what
FEMA would do. I would suggest that FEMA should explicitly state
what it would base its rebuild decision on using language along
the following lines: FEMA would consider making a public
assistance grant to repair the levee based on the following
considerations,
,
, and
.
(Hopefully,
economic and environmental considerations would be in the list).
DRAFT
DRAFT
DRAFT
SUBJECT: Federal Levee Policy
The purpose of this memorandum is to clarify the Federal policy
on repairing levees in the Midwest. The Corps of Engineers and
Soil Conservation Service (SCS) are the principal Federal
agencies responsible for repairing levees, the Corps under its
Public Law 84-99 program and the SCS under its Emergency
Watershed Protection Program. This memorandum provides
background on why the current Corps policies were established,
describes the process the two agencies are using to identify
levees that are under their respective jurisdictions, addresses
eligibility criteria and allowable exceptions for provision of
levee rehabilitation funds, and establishes SCS criteria for
prioritizing levee rehabilitation funding.
Existing Corps policy resulted in part from an internal Corps
review of its practices prior to 1986 in order to bring
discipline to the program and to realize the maximum benefits
from Federal expenditures. Among the principal findings in the
review were (1) a lack of sponsor commitment in fulfilling
operations and maintenance requirements subsequent to Federal
investments in rehabilitation, (2) recurring rehabilitation at
Federal expense of levees not meeting minimal engineering
standards, (3) recognition of the difficulties associated with
determining, after a flood event, the level and adequacy of levee
1
maintenance that existed prior to the food, and (4) issues
related to State and local government floodplain management
prerogatives. As a result of the review in 1986, the Corps
proposed rules to overcome identified shortcomings in the
program. The rules clearly established the Corps intent to
develop a program that ensured levees accepted into the active
inventory met minimal standards. The public sponsorship
requirement addressed the need for a financially viable public
sponsor SO as to ensure proper stewardship of the Federal
investment and proper consideration of State and local floodplain
management prerogatives. Based on numerous comments received
during the comment period for the proposed rules, the Corps
allowed a two-year grace period from the implementation date of
the new rules for levees to obtain public sponsorship. This
grace period ended July 15, 1988.
In 1986, the Corps and SCS signed a memorandum of understanding
(MOU) which outlined how the two agencies would delineate
responsibility for repair of levees. The agencies agreed that
the Corps would be responsible for repairing levees with
contributing drainage areas of 400 square miles or greater. The
SCS would handle levees with drainage areas of less than 400
square miles. To ensure proper implementation of this part of
the MOU, appropriate Corps and SCS officials in each State are
identifying the geographic areas of Corps and SCS responsibility.
The 400 square-mile criterion will be used as a guide, but will
2
be adjusted where it is prudent to do SO. Should the local Corps
and SCS officials not agree on a delineation, the case will be
forwarded to Agency Headquarters officials for resolution.
Corps policy, as established in 1986, requires that levee
sponsors be active participants in the Corps program at the time
of a disaster event in order to be eligible for assistance to
repair the levees. An active status means that the Corps has
inspected the levee and has accepted the levee into its program,
or, that the levee sponsor has requested an inspection prior to
occurrence of the disaster event. The SCS will not fund the
repair of any levee that would be eligible to participate in the
Corps program, but which is not in an active status in the Corps
program.
In 1986, the Corps informed levee sponsors of its PL 84-99
program eligibility requirements and invited them to apply for
participation in the program. Many levee sponsors responded to
the Corps invitation and were accepted into the PL 84-99 program
based on field inspections conducted by Corps personnel. Many
other sponsors did not respond. As a result of the Midwest Flood
of 1993, many sponsors in this latter group have asked the Corps
to repair their levees. The Corps has determined that these
levees are not eligible for Corps assistance. Further, they are
ineligible for other Federal funding in accordance with current
FEMA, Corps, and SCS policy, with two exceptions.
3
- The first exception to current policy is when the levee
protects critical public infrastructure, e.g., roads, water or
wastewater treatment plants, etc., that are at risk behind
ineligible levees. In this case, FEMA may fund the levee repair.
- The second exception applies when the levee was
constructed after 1986, the Corps has no record of official
notification to the levee sponsor of the Corps eligibility
requirements, the levee sponsor can demonstrate that the levee
has been properly maintained, and the levee sponsor meets all
other Corps eligibility requirements. In this case, the levee
would be eligible for Corps assistance.
Funds available to repair levees are not sufficient to repair all
levees that are eligible for SCS assistance. Therefore, the SCS
will use the following criteria to prioritize levees they will
repair: (1) type of property protected by the levee, (2) past
performance of sponsors, (3) past record of operations and
maintenance, (4) environmental impact, and (5) local rules and
regulations. FEMA may fund levees within SCS's geographic area
of jurisdiction only in cases in which SCS funding is not
available and the levee meets the requirements of the first
exception (i.e., the levee protects critical public
infrastructure, etc.).
4
SUBJECT: Memorandum for General Distribution Restatement of
Federal Levee Policy
The Purpose of this memorandum is to clarify the Federal policy
on repairing levees in the Midwest. The Corps of Engineers and
the Soil Conservation Services (SC) are the principal Federal
agencies responsible for repairing levees, the Corps under its
Public Law 84-99 program and the SCS under its Emergency
Watershed Protection (EWP) program. This memorandum provides
background on why the current Corps policies were established,
describes the process the two agencies are using to identify
levees that are under their respective jurisdiction, addresses
eligibility criteria and allowable exceptions for provision of
levee rehabilitation funds, and establishes SCS criteria for
prioritizing levee rehabilitation funding.
Existing Corps policy resulted in part from an internal Corps
review of its practices prior to 1986 in order to bring
discipline to the program and to realize the maximum benefits
from Federal expenditures. Among the principal findings in the
review were (1) a lack of sponsor commitment in fulfilling
operations and maintenance requirements subsequent to Federal
investments in rehabilitation, (2) recurring rehabilitation at
Federal expense of levees not meeting minimal engineering
standards, (3) recognition of the difficulties associated with
determining, after a flood event, the level and adequacy of levee
maintenance that existed prior to the flood, and (4) issues
related to state and local government floodplain management
prerogatives. As a result of the review in 1986, the Corps
proposed rules to overcome identified shortcomings in the
program. The rules clearly established the Corps' intent to
develop a program that ensured levees accepted into the active
inventory met minimal standards. A public sponsored requirement
addressed the need for a financially viable public sponsor so as
to ensure proper stewardship of the Federal investment and proper
consideration of state and local floodplain management
prerogatives. Based on numerous comments received during the
comment period for the proposed rules, the Corps allowed a two-
year grace period from the implementation date of the new rules
for levees to obtain public sponsorship. This grace period ended
July 15, 1988.
In 1996, the Corps and the SCS signed a Memorandum of Agreement
(MOA) which outlined how the two agencies would delineate
responsibility for repair of levees. The agencies agreed as a
general principle that the Corps would be responsible for
repairing levees with contributing drainage areas of 400 square
miles or greater. The SCS would handle levees with drainage
areas of less than 400 square miles. To ensure proper
implementation of this part of the MOA, appropriate Corps and SCS
officials in each state are identifying the geographic
delineation of Corps and SCS areas of responsibility. The 400
square-mile criterion will be used as a guide, but will be
adjusted where it is prudent to do SO. Should the local Corps
and SCS officials not agree on a delineation, the case will be
forwarded to agency headquarters officials for resolution. In a
few cases, this delineation will result in levees classified by
the Corps as "active" in its P.L. 84-99 program being located in
an area of SCS responsibility.
Levee Repair Policy in Corps of Engineers Geographic Areas.
Corps policy, as established in 1986, requires that levee
sponsors be active participants in the Corps program at the time
of a disaster event in order to be considered for eligibility for
assistance to repair the levees. An active status means that the
Corps has inspected the levee and has accepted the levee into its
program, or, that the levee sponsor has requested an inspection
prior to occurrence of the disaster event. Active status does
not guarantee repair -- the Corps also requires that the benefits
from the repair will exceed the costs and that repairs can be
undertaken in full compliance with environmental laws. In
addition, locally constructed levees must be cost-shared with a
20 percent non-federal share. The SCS will not fund the repair
of any levee within the geographic areas under Corps
jurisdiction.
In 1986, the Corps informed levee sponsors of its PL 84-99
program eligibility requirements and invited them to apply for
participation in the program. Many sponsors responded the Corps'
invitation and levees were placed in the active status based on
field inspections conducted by Corps personnel. Many other
sponsors did not respond. As a result of the Midwest Flood of
1993, many sponsors in this latter group have asked the Corps to
repair their levees. These levees are not eligible for Corps
assistance and they are ineligible for other Federal funding in
accordance with current FEMA, Corps, and SCS policy.
Levee Repair Policy in Soil Conservation Service Geographic
Areas.
Levees will be eligible for SCS's EWP when there is a potential
for loss of life or property without the repairs; the benefits
associated with repairing the levee exceed the cost of levee
repairs and other levee-dependent cost -- cropland restoration,
facilities repairs, and structure repairs -- that should occur
only if the levee is rebuilt; ad, the levee owner agrees to meet
SCS's eligibility for the EWP does not guarantee that the repairs
will be funded.
Funds available to repair levees are not sufficient to repair all
levees that are eligible for SCS assistance. Therefore, the SCS
will use the following criteria to prioritize levees they will
repair; (1) type of property protected by the levee, (2) past
performance of sponsors, (3) past record of operations and
maintenance, (4) environmental impact, and (5) local rules and
regulations. FEMA may fund levees within SCS's geographic area
of jurisdiction only in cases that meet the requirements of the
first exception mentioned above (i.e., the levee protects
critical public infrastructure and is ineligible for SCS
assistance).
In a small number of cases, levees in the SCS's geographical
areas have been retained in the active status of the Corps' PL
84-99 program. These levees will be treated as if they were in
the Corps' areas. They will be rebuilt by the Corps if the
benefit-cost and environmental compliance tests are met. If the
Corps determines that they are not eligible for PL 84-99
assistance, they will not be repaired by any other agency, unless
they meet the requirements of the first exception.
The White House
Washington
FAX COVER SHEET
OFFICE OF DOMESTIC POLICY
Kathryn Way
Special Assistant to the President
Cookie Walden
Staff Assistant
Old Executive Office Building, Room 218
Washington, DC 20500
Phone: (202) 456-7777 FAX: (202) 456-7028
TO:
Katie McCinty Will Stelle
FAX No.
2710
Kathi Way Brian Burke
FROM:
28
DATE: October 28, 1993
NUMBER OF PAGES (Including cover sheet)
8
COMMENTS:
The White House
Washington
FAX COVER SHEET
OFFICE OF DOMESTIC POLICY
Kathryn Way
Special Assistant to the President
Cookie Walden
Staff Assistant
Old Executive Office Building, Room 218
Washington, DC 20500
Phone: (202) 456-7777 FAX: (202) 456-7028
TO: Ed Dickey
FAX No.
703-697-3366
FROM: Kathi Way
DATE: October 26, 1993
NUMBER OF PAGES (Including cover sheet)
8
COMMENTS:
The White House
Washington
FAX COVER SHEET
OFFICE OF DOMESTIC POLICY
Kathryn Way
Special Assistant to the President
Cookie Walden
Staff Assistant
Old Executive Office Building, Room 218
Washington, DC 20500
Phone: (202) 456-7777
FAX: (202) 456-7028
TO:
Mike Espy, Secretary, Department of Agriculture
FAX No. 720-5437
FROM: Kathi Way
DATE: October 26, 1993
NUMBER OF PAGES (Including cover sheet)
8
COMMENTS:
The White House
Washington
FAX COVER SHEET
OFFICE OF DOMESTIC POLICY
Kathryn Way
Special Assistant to the President
Cookie Walden
Staff Assistant
Old Executive Office Building, Room 218
Washington, DC 20500
Phone: (202) 456-7777 FAX: (202) 456-7028
TO: Leon Panetta, Director, OMB
FAX No. 1005
FROM:
Kathi Way
DATE:
October 26, 1993
NUMBER OF PAGES (Including cover sheet)
8
COMMENTS:
The White House
Washington
FAX COVER SHEET
OFFICE OF DOMESTIC POLICY
Kathryn Way
Special Assistant to the President
Cookie Walden
Staff Assistant
Old Executive Office Building, Room 218
Washington, DC 20500
Phone: (202) 456-7777 FAX: (202) 456-7028
TO:
James Lee Witt, Director, FEMA
FAX No.
646-3930 -
FROM:
Kathi Way
DATE: October 26, 1993
NUMBER OF PAGES (Including cover sheet)
B
COMMENTS:
The White House
Washington
FAX COVER SHEET
OFFICE OF DOMESTIC POLICY
Kathryn Way
Special Assistant to the President
Cookie Walden
Staff Assistant
Old Executive Office Building, Room 218
Washington, DC 20500
Phone: (202) 456-7777 FAX: (202) 456-7028
TO: Carol Rasco
FAX No. 2878
FROM: Kathi Way
DATE: October 26, 1993
NUMBER OF PAGES (Including cover sheet)
00
COMMENTS:
The White House
Washington
FAX COVER SHEET
OFFICE OF DOMESTIC POLICY
Kathryn Way
Special Assistant to the President
Cookie Walden
Staff Assistant
Old Executive Office Building, Room 218
Washington, DC 20500
Phone: (202) 456-7777 FAX: (202) 456-7028
TO:
Oleta Fitzgerald
FAX No.
202-720-8819
FROM:
Kathi Way
DATE:
October 26, 1993
NUMBER OF PAGES (Including cover sheet)
8
COMMENTS:
The White House
Washington
FAX COVER SHEET
OFFICE OF DOMESTIC POLICY
Kathryn Way
Special Assistant to the President
Cookie Walden
Staff Assistant
Old Executive Office Building, Room 218
Washington, DC 20500
Phone: (202) 456-7777 FAX: (202) 456-7028
TO: T. J. Glauthier
FAX No.
H 4639
FROM: Kathi Way
DATE: October 26, 1993
NUMBER OF PAGES (Including cover sheet)
8
COMMENTS:
10/22/93 17:17
202 646 3304
SL-DA-PA
DOM. POL
001/007
Federal Emergency Management Agency
NEW
AGENCY
Washington, D.C. 20472
FACSIMILE REPORT FROM FAX (202) 646-3304
KATH WAY
Brin BURILE
TO: Vina MontantE
DATE: 10/22
AGENCY/DIVISION:
FAX NUMBER:
NO. OF PAGES 7 lacl COVER
FROM: JAMES A. WALKE 646-2751
AGENCY/DIVISION: PA
COMMENTS: Dreft /EVEE Policy
The White House
Washington
FAX COVER SHEET
OFFICE OF DOMESTIC POLICY
Kathryn Way
Special Assistant to the President
Cookie Walden
Staff Assistant
Old Executive Office Building, Room 218
Washington, DC 20500
Phone: (202) 456-7777 FAX: (202) 456-7028
TO: Bob Stearas
FAX No.
504-4389
FROM: Corbie Naeder
DATE:
10-27-93
NUMBER OF PAGES (Including cover sheet) 8
COMMENTS:
]
Pat Danner's
1st changes-
1 Before 86 you could get repairs
for anythis didn't WORK WELL
- after 86 - public hearings, public
campaign to provide information.
if you want to be active levy.
You need public sponsorship
and you had to maintain levees to
CORP standards.
some levees were dropped from
program.
AT THAT Time THERE WERE A number
of levees that didn't have public
Sponsor. They were given 2 years
to get sponsor.
- In 1989 - Corp management sent
another guidance informing people
of new regs.
- Then when flood occurred
there was a deadline for application
for Relief from this event
T.J. Gauthire
-
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. note
The White House [partial] (1 page)
nd
P6/b(6)
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Brian Burke
OA/Box Number: 4430
FOLDER TITLE:
Federal Levee Policy
2013-1074-S
sb40
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRAJ
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information |(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRA
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRAJ
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
THE WHITE HOUSE
WASHINGTON
Frank Yourty
(b)(6)
(b)(6)
PHOTOCOPY
PRESERVATION
OCT-13-93 WED 16:31
P.01
OFFICE OF THE
ASSISTANT SECRETARY OF THE ARMY
(CIVIL WORKS)
Room 7126, Pulaski Bldg.
20 Massachusetts Ave., N.W.
Washington, D. C. 20314-1000
FAX TO:
Kathryn Way
DATE: October 13,1993
OFFICE: Domestic Policy Council
Phone: (202)456-2334
Fax:
-7028
SUBJECT:
Levee Rehabilitation
Pages to follow: 3
FROM:
DR. ROBERT N. STEARNS
DEPUTY ASSISTANT SECRETARY
PROJECT MANAGEMENT
Phone: (202) 272-0126 Fax: (202) 504-4389
COMMENTS: Draft letter to Senator Bond --
for your review and Comments.
OCT-13-93 WED 16:31
P.02
Dear Senator Bond,
Thank you for your letter of October 8, 1993 concerning
polcies of the Army Corps Engineers regarding assistance for
rehabilitation of levees. This Administration fully supports quick
and effective responses to the needs of the midwestern citizens
whose lives have been so deeply affected by the flooding events of
the past summer.
In the case of the Corps of Engineers program, there has been
a serious misunderstanding of Corps policies and how they apply in
this case. Since 1986, the Corps has required local sponsorship
and a record of adequate maintenance before a flood event for any
levee to be considered eligible for assistance under the Corps
emergency authority (Public Law 84-99). This policy was
communicated to the local citizens in every way possible-- through
the formal process of public hearings and publication in the
Federal Register, through notices in local newspapers, and through
direct communication with levee districts and other owners.
In their reponse to numerous questions, some Corps employees
did not correctly convey this policy during public meetings held
after this summer's flood. Unfortunately, the impression was given
that applications for assistance might be favorably reviewed even
for levees that had not previously qualified for participation in
the program. Clarifying letters to Corps Division and District
offices from headquarters were intended to prevent any further
misunderstanidng, they did not change any of the existing policies.
The policy is designed to provide positive incentives to levee
owners to assure that levees are adequately maintained and, through
the levee districts, that they serve a commonality of interests.
These requirements promote the development of a sound system of
flood control structures. While they may appear to be unfair to
those who do not qualify, especially after a particularly severe
event, the qualification criteria are not significantly difficult
to meet.
If we relax the qualification criteria for this flood, we will
destroy the incentives to fully maintain the levees, thereby
creating a greater potential for damage in the future-- leading to
greater dangers for citizens in the flooding areas as well as
higher probable Federal expenditures in future years.
OCT-13-93 WED 16:32
P.03
CHRISTOPHER S. BOND
AUSSOURI
APPROPRIATIONS
BANKING. HOUSING AND
URBAN AFFAIRE
United States Senate
SMALL BUBINESS
SUDGET
WASHINGTON, DC 205 10-2503
October 8, 1993
The President
The White House
Washington, D.C. 20500
Dear Mr. President:
We are writing to express our concern with and opposition to a
recent reversal of policy by the Corps of Engineers regarding assistance
for rehabilitation of levees. The new policy will prevent many levee
districts from rebuilding high quality, high standard levees and we ask you
to reverse the decision of the Corps.
Several weeks ago, the Corps informed levee districts that levees
which met the Corps requirements could participate in the federal levee
program and would be eligible for rehabilitation assistance. In fact, some
levee districts had obtained damage and cost estimates from the Corps
and were prepared to begin rehabilitation construction within days.
However, last week the Corps reversed the policy under a directive from
th Washington office. Under this directive, only levees enrolled in the
program before the flood are eligible for assistance.
We support the federal program which requires that levees meet
high standards and ensure strong flood protection. Levee districts which
want to meet the higher standards should be allowed to participate in the
Corps levee program, regardless of their standing before the flooding.
Unfortunately, the recent policy will prevent many levee districts
from entering the program and will prevent the rebuilding of a high
standard levee system. Rather, levees who are not eligible for assistance
will be forced to construct levees which do not mest federal standards.
A haphazard approach to flood protection will be the result.
OCT-13-93 WED 16:32
P.04
The President
October 8, 1993
Page 2
Until this 500-year flood, the levees along the rivers repeatedly
protected families, homes and communities from devastation. As the
nation saw, it is Impossible to stop 8 500-year flood. However, we should
continue to Improve on our flood protection system so that flooding is
prevented Iri years without record-high rainfall. To prevent levee
districts from receiving Corps assistance will not allow for the
construction of a high quality levee system.
For the future of families, the children and communities along
rivers, we urge you to allow all interested levee districts into the Corps
program.
Sincerely,
RellBond
Christopher S. Bond
John C. Danforth
Cat Tann
Biu Emergen
Pat Danner
Bill Emerson
Jack
Harold L. Volkmer
Ike Skelton
a WIll
Alan Wheat