Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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verified on Title 42's 8,356 sections); make check green. make
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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
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chapter_name: "NATIONAL LEVEE SAFETY PROGRAM"
section: "3301"
citation: "33 U.S.C. § 3301"
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# 33 U.S.C. § 3301 - Definitions
## Text
In this chapter, the following definitions apply:
(1) Administrator The term “Administrator” means the Administrator of the Federal Emergency Management Agency.
(2) Canal structure (A) In general The term “canal structure” means an embankment, wall, or structure along a canal or manmade watercourse that—
(i) constrains water flows;
(ii) is subject to frequent water loading; and
(iii) is an integral part of a flood risk reduction system that protects the leveed area from flood waters associated with hurricanes, precipitation events, seasonal high water, and other weather-related events.
(B) Exclusion The term “canal structure” does not include a barrier across a watercourse.
(3) Committee The term “committee” means the Committee on Levee Safety established by section 3302(a) of this title.
(4) Floodplain management The term “floodplain management” means the operation of a community program of corrective and preventative measures for reducing flood damage.
(5) Indian tribe The term “Indian tribe” has the meaning given the term in section 5304 of title 25.
(6) Inspection The term “inspection” means an actual inspection of a levee—
(A) to establish the global information system location of the levee;
(B) to determine the general condition of the levee; and
(C) to estimate the number of structures and population at risk and protected by the levee that would be adversely impacted if the levee fails or water levels exceed the height of the levee.
(7) Levee (A) In general The term “levee” means a manmade barrier (such as an embankment, floodwall, or other structure)—
(i) the primary purpose of which is to provide hurricane, storm, or flood protection relating to seasonal high water, storm surges, precipitation, or other weather events; and
(ii) that is normally subject to water loading for only a few days or weeks during a calendar year.
(B) Inclusions The term “levee” includes a levee system, including—
(i) levees and canal structures that—
(I) constrain water flows;
(II) are subject to more frequent water loading; and
(III) do not constitute a barrier across a watercourse; and
(ii) roadway and railroad embankments, but only to the extent that the embankments are integral to the performance of a flood damage reduction system.
(C) Exclusions The term “levee” does not include—
(i) a roadway or railroad embankment that is not integral to the performance of a flood damage reduction system;
(ii) a canal constructed completely within natural ground without any manmade structure (such as an embankment or retaining wall to retain water or a case in which water is retained only by natural ground);
(iii) a canal regulated by a Federal or State agency in a manner that ensures that applicable Federal safety criteria are met;
(iv) a levee or canal structure—
(I) that is not a part of a Federal flood damage reduction system;
(II) that is not recognized under the National Flood Insurance Program as providing protection from the 1-percent-annual-chance or greater flood;
(III) that is not greater than 3 feet high;
(IV) the population in the leveed area of which is less than 50 individuals; and
(V) the leveed area of which is less than 1,000 acres; or
(v) any shoreline protection or river bank protection system (such as revetments or barrier islands).
(8) Levee feature The term “levee feature” means a structure that is critical to the functioning of a levee, including—
(A) an embankment section;
(B) a floodwall section;
(C) a closure structure;
(D) a pumping station;
(E) an interior drainage work; and
(F) a flood damage reduction channel.
(9) Levee system The term “levee system” means 1 or more levee segments, including all levee features that are interconnected and necessary to ensure protection of the associated leveed areas—
(A) that collectively provide flood damage reduction to a defined area; and
(B) the failure of 1 of which may result in the failure of the entire system.
(10) National levee database The term “national levee database” means the levee database established under section 3303 of this title.
(11) Participating program The term “participating program” means a levee safety program developed by a State, regional district, or Indian tribe that includes the minimum components necessary for recognition by the Secretary.
(12) Regional district The term “regional district” means a subdivision of a State government, or a subdivision of multiple State governments, that is authorized to acquire, construct, operate, and maintain projects for the purpose of flood damage reduction.
(13) Rehabilitation (A) In general The term “rehabilitation” means the repair, replacement, reconstruction, removal of a levee, or reconfiguration of a levee system, including a setback levee, that is carried out to reduce flood risk, increase resiliency to extreme weather events, or meet national levee safety guidelines.
(B) Inclusions The term “rehabilitation” includes improvements to a levee in conjunction with any repair, replacement, reconstruction, or reconfiguration.
(14) Risk The term “risk” means a measure of the probability and severity of undesirable consequences.
(15) State The term “State” means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(16) State levee safety agency The term “State levee safety agency” means the agency of a State that has regulatory authority over the safety of any non-Federal levee in the State.
(17) United States The term “United States”, when used in a geographical sense, means all of the States.
(Pub. L. 110114, title IX, § 9002, Nov. 8, 2007, 121 Stat. 1288; Pub. L. 113121, title III, § 3016(b), June 10, 2014, 128 Stat. 1289; Pub. L. 114322, title I, § 1130(a), Dec. 16, 2016, 130 Stat. 1650; Pub. L. 117263, div. H, title LXXXI, § 8387(a), Dec. 23, 2022, 136 Stat. 3830.)
## Notes
Editorial Notes
Amendments2022—Par. (13). Pub. L. 117263 designated existing provisions as subpar. (A) and inserted heading, inserted “, increase resiliency to extreme weather events,” after “flood risk”, and added subpar. (B). 2016—Par. (11). Pub. L. 114322, § 1130(a)(1), substituted “State, regional district, or Indian tribe” for “State or Indian tribe”. Pars. (12) to (17). Pub. L. 114322, § 1130(a)(2), (3), added par. (12) and redesignated former pars. (12) to (16) as (13) to (17), respectively. 2014—Pars. (1) to (6). Pub. L. 113121, § 3016(b)(1)(3), added pars. (1), (2), (4), and (5), and redesignated former pars. (1) and (2) as (3) and (6), respectively. Former pars. (3), (4), (5), and (6) redesignated (7), (14), (15), and (16), respectively. Par. (7). Pub. L. 113121, § 3016(b)(4), added par. (7) and struck out former par. (7) which defined “levee”. Pub. L. 113121, § 3016(b)(1), redesignated par. (3) as (7). Pars. (8) to (16). Pub. L. 113121, § 3016(b)(1), (4), added pars. (8) to (13) and redesignated pars. (4) to (6) as (14) to (16), respectively.
Statutory Notes and Related Subsidiaries
Short TitlePub. L. 110114, title IX, § 9001(a), formerly § 9001, Nov. 8, 2007, 121 Stat. 1288, renumbered § 9001(a) and amended by Pub. L. 113121, title III, § 3016(a)(1), (2), June 10, 2014, 128 Stat. 1289, provided that: “This title [enacting this chapter] may be cited as the National Levee Safety Act of 2007.”
Purposes of the Safety ProgramPub. L. 110114, title IX, § 9001(b), as added Pub. L. 113121, title III, § 3016(a)(3), June 10, 2014, 128 Stat. 1289, provided that: “The purposes of this title [enacting this chapter] are— “(1) to ensure that human lives and property that are protected by new and existing levees are safe; “(2) to encourage the use of appropriate engineering policies, procedures, and technical practices for levee site investigation, design, construction, operation and maintenance, inspection, assessment, and emergency preparedness; “(3) to develop and support public education and awareness projects to increase public acceptance and support of levee safety programs and provide information; “(4) to build public awareness of the residual risks associated with living in levee protected areas; “(5) to develop technical assistance materials, seminars, and guidelines to improve the security of levees of the United States; and “(6) to encourage the establishment of effective State and tribal levee safety programs.”
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# 33 U.S.C. § 3302 - Committee on Levee Safety
## Text
(a) Establishment There is established a committee to be known as the “Committee on Levee Safety”.
(b) Membership The committee shall be composed of 16 members as follows:
(1) Nonvoting members.— The following 2 nonvoting members:
(A) The Secretary (or a designee of the Secretary).
(B) The Administrator (or a designee of the Administrator).
(2) The following 14 voting members appointed by the Secretary:
(A) Eight representatives of State levee safety agencies, one from each of the eight civil works divisions of the Corps of Engineers.
(B) Two representatives of the private sector who have expertise in levee safety.
(C) Two representatives of local and regional governmental agencies who have expertise in levee safety.
(D) Two representatives of Indian tribes who have expertise in levee safety.
(c) Administration (1) Terms of voting members (A) In general A voting member of the committee shall be appointed for a term of 3 years, except that, of the members first appointed—
(i) 5 shall be appointed for a term of 1 year;
(ii) 5 shall be appointed for a term of 2 years; and
(iii) 4 shall be appointed for a term of 3 years.
(B) Reappointment A voting member of the committee may be reappointed to the committee, as the Secretary determines to be appropriate.
(C) Vacancies A vacancy on the committee shall be filled in the same manner as the original appointment was made.
(2) Chairperson (A) In general The voting members of the committee shall appoint a chairperson from among the voting members of the committee.
(B) Term The chairperson shall serve a term of not more than 2 years.
(d) Standing committees (1) In general The committee may establish standing committees comprised of volunteers from all levels of government and the private sector, to advise the committee regarding specific levee safety issues, including participating programs, technical issues, public education and awareness, and safety and the environment.
(2) Membership The committee shall recommend to the Secretary for approval individuals for membership on the standing committees.
(e) Duties and powers The committee—
(1) shall submit to the Secretary and Congress an annual report regarding the effectiveness of the levee safety initiative in accordance with section 3303b of this title; and
(2) may secure from other Federal agencies such services, and enter into such contracts, as the committee determines to be necessary to carry out this subsection.
(f) Task force coordination The committee shall, to the maximum extent practicable, coordinate the activities of the committee with the Federal Interagency Floodplain Management Task Force.
(g) Compensation (1) Federal employees Each member of the committee who is an officer or employee of the United States—
(A) shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States; but
(B) shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of the duties of the committee.
(2) Non-Federal employees To the extent amounts are made available to carry out this section in appropriations Acts, the Secretary shall provide to each member of the committee who is not an officer or employee of the United States a stipend and a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in performance of services for the committee.
(3) Standing committee members Each member of a standing committee shall serve in a voluntary capacity.
(h) Applicability of chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the committee.
(Pub. L. 110114, title IX, § 9003, Nov. 8, 2007, 121 Stat. 1288; Pub. L. 110274, § 1, July 15, 2008, 122 Stat. 2493; Pub. L. 113121, title III, § 3016(c), June 10, 2014, 128 Stat. 1291; Pub. L. 117286, § 4(a)(207), Dec. 27, 2022, 136 Stat. 4328.)
## Notes
Editorial Notes
Amendments2022—Subsec. (h). Pub. L. 117286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text. 2014—Subsec. (b). Pub. L. 113121, § 3016(c)(1), added par. (1), redesignated par. (3) as (2), inserted “voting” after “14” in introductory provisions of par. (2), and struck out former pars. (1) and (2) which read as follows: “(1) The Secretary (or the Secretarys designee), who shall serve as the chairperson of the Committee. “(2) The Administrator of the Federal Emergency Management Agency (or the Administrators designee).” Subsecs. (c) to (h). Pub. L. 113121, § 3016(c)(2), (3), added subsecs. (c) to (g), redesignated former subsec. (g) as (h), and struck out former subsecs. (c) to (f) which related to duties, purposes, compensation of members, and travel expenses, respectively. 2008—Subsec. (f). Pub. L. 110274 substituted “Subject to the availability of appropriations,” for “To the extent amounts are made available in advance in appropriations Acts,”.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 3303 - Inventory and inspection of levees
## Text
(a) Levee database (1) In general Not later than 1 year after December 16, 2016, the Secretary shall establish and maintain a database with an inventory of the Nations levees.
(2) Contents The database shall include—
(A) location information of all Federal levees in the Nation (including global information system information) and updated levee information provided by States, regional districts, Indian tribes, Federal agencies, and other entities;
(B) utilizing such information as is available, the general condition of each levee; and
(C) an estimate of the number of structures and population at risk and protected by each levee that would be adversely impacted if the levee fails or water levels exceed the height of the levee.
(3) Availability of information (A) Availability to Federal, State, regional, tribal, and local governmental agencies The Secretary shall make all of the information in the database available to appropriate Federal, State, regional, tribal, and local governmental agencies.
(B) Availability to the public The Secretary shall make the information in the database described in paragraph (2)(A), and such other information in the database as the Secretary determines appropriate, available to the public.
(b) Inventory and inspection of levees (1) Federal levees The Secretary, at Federal expense, shall establish an inventory and conduct an inspection of all federally owned and operated levees.
(2) Federally constructed, nonfederally operated and maintained levees The Secretary shall establish an inventory and conduct an inspection of all federally constructed, non-federally operated and maintained levees, at the original cost share for the project.
(3) Participating levees For non-Federal levees the owners of which are participating in the emergency response to natural disasters program established under section 701n of this title, the Secretary shall establish an inventory and conduct an inspection of each such levee if the owner of the levee requests such inspection. The Federal share of the cost of an inspection under this paragraph shall be 65 percent.
(c) Levee review (1) In general The Secretary shall carry out a one-time inventory and review of all levees identified in the national levee database.
(2) No Federal interest The inventory and inspection under paragraph (1) does not create a Federal interest in the construction, operation, or maintenance of any levee that is included in the inventory or inspected under this subsection.
(3) Review criteria In carrying out the inventory and review, the Secretary shall use the levee safety action classification criteria to determine whether a levee should be classified in the inventory as requiring a more comprehensive inspection.
(4) State, regional, and tribal participation At the request of a State, regional district, or Indian tribe with respect to any levee subject to review under this subsection, the Secretary shall—
(A) allow an official of the State, regional district, or Indian tribe to participate in the review of the levee; and
(B) provide information to the State, regional district, or Indian tribe relating to the location, construction, operation, or maintenance of the levee.
(5) Exceptions In carrying out the inventory and review under this subsection, the Secretary shall not be required to review any levee that has been inspected by a State, regional district, or Indian tribe using the same methodology described in paragraph (3) during the 1-year period immediately preceding June 10, 2014, if the Governor of the State or chief executive of the regional district or tribal government, as applicable, requests an exemption from the review.
(d) Identification of deficiencies (1) In general For each levee included in an inventory established under subsection (b) or for which the Secretary has conducted a review under subsection (c), the Secretary shall—
(A) identify the specific engineering and maintenance deficiencies, if any; and
(B) describe the recommended remedies to correct each deficiency identified under subparagraph (A), and, if requested by owner of a non-Federal levee, the associated costs of those remedies.
(2) Consultation In identifying deficiencies and describing remedies for a levee under paragraph (1), the Secretary shall consult with relevant non-Federal interests, including by providing an opportunity for comment by those non-Federal interests.
(Pub. L. 110114, title IX, § 9004, Nov. 8, 2007, 121 Stat. 1290; Pub. L. 113121, title III, § 3016(d), June 10, 2014, 128 Stat. 1292; Pub. L. 114322, title I, § 1130(b), Dec. 16, 2016, 130 Stat. 1650; Pub. L. 116260, div. AA, title I, § 131, Dec. 27, 2020, 134 Stat. 2644.)
## Notes
Editorial Notes
Amendments2020—Subsec. (d). Pub. L. 116260 added subsec. (d). 2016—Subsec. (a)(1). Pub. L. 114322, § 1130(b)(1)(A), substituted “1 year after December 16, 2016,” for “one year after November 8, 2007,”. Subsec. (a)(2)(A). Pub. L. 114322, § 1130(b)(1)(B), substituted “States, regional districts, Indian tribes, Federal agencies, and other entities” for “States, Indian tribes, Federal agencies, and other entities”. Subsec. (a)(3)(A). Pub. L. 114322, § 1130(b)(1)(C), substituted “Federal, State, regional, tribal, and local” for “Federal, State, and local” in heading and text. Subsec. (c)(4). Pub. L. 114322, § 1130(b)(2)(A), substituted “State, regional, and tribal” for “State and tribal” in heading and “State, regional district, or Indian tribe” for “State or Indian tribe” wherever appearing in text. Subsec. (c)(5). Pub. L. 114322, § 1130(b)(2)(B), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” and “chief executive of the regional district or tribal government” for “chief executive of the tribal government”. 2014—Subsec. (a)(2)(A). Pub. L. 113121, § 3016(d)(1), substituted “and updated levee information provided by States, Indian tribes, Federal agencies, and other entities” for “and, for non-Federal levees, such information on levee location as is provided to the Secretary by State and local governmental agencies”. Subsec. (c). Pub. L. 113121, § 3016(d)(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 3303b - Reports
## Text
(a) State of levees (1) In general Not later than 1 year after December 16, 2016, and biennially thereafter, the Secretary in coordination with the committee, shall submit to Congress and make publicly available a report describing the state of levees in the United States and the effectiveness of the levee safety initiative, including—
(A) progress achieved in implementing the levee safety initiative;
(B) State, regional, and tribal participation in the levee safety initiative;
(C) recommendations to improve coordination of levee safety, floodplain management, and environmental protection concerns, including—
(i) identifying and evaluating opportunities to coordinate public safety, floodplain management, and environmental protection activities relating to levees; and
(ii) evaluating opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and
(D) any recommendations for legislation and other congressional actions necessary to ensure national levee safety.
(2) Inclusion Each report under paragraph (1) shall include a report of the committee that describes the independent recommendations of the committee for the implementation of the levee safety initiative.
(b) National dam and levee safety program Not later than 3 years after June 10, 2014, to the maximum extent practicable, the Secretary and the Administrator, in coordination with the committee, shall submit to Congress and make publicly available a report that includes recommendations regarding the advisability and feasibility of, and potential approaches for, establishing a joint national dam and levee safety program.
(c) Alignment of Federal programs relating to levees Not later than 2 years after December 16, 2016, the Comptroller General of the United States shall submit to Congress a report on opportunities for alignment of Federal programs to provide incentives to State, regional, tribal, and local governments and individuals and entities—
(1) to promote shared responsibility for levee safety;
(2) to encourage the development of strong State, regional, and tribal levee safety programs;
(3) to better align the levee safety initiative with other Federal flood risk management programs; and
(4) to promote increased levee safety through other Federal programs providing assistance to State, regional, tribal, and local governments.
(d) Liability for certain levee engineering projects Not later than 1 year after December 16, 2016, the Secretary shall submit to Congress and make publicly available a report that includes recommendations that identify and address any legal liability associated with levee engineering projects that prevent—
(1) levee owners from obtaining needed levee engineering services; or
(2) development and implementation of a State, regional, or tribal levee safety program.
(Pub. L. 110114, title IX, § 9006, as added Pub. L. 113121, title III, § 3016(e)(2), June 10, 2014, 128 Stat. 1299; amended Pub. L. 114322, title I, § 1130(d), Dec. 16, 2016, 130 Stat. 1652.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 9006 of Pub. L. 110114 was renumbered section 9008, and is classified to section 3305 of this title.
Amendments2016—Subsec. (a)(1). Pub. L. 114322, § 1130(d)(1)(A), substituted “1 year after December 16, 2016” for “1 year after June 10, 2014” in introductory provisions. Subsec. (a)(1)(B). Pub. L. 114322, § 1130(d)(1)(B), substituted “State, regional, and tribal” for “State and tribal”. Subsec. (c). Pub. L. 114322, § 1130(d)(2)(A), in introductory provisions, substituted “2 years after December 16, 2016” for “2 years after June 10, 2014” and “State, regional, tribal, and local” for “State, tribal, and local”. Subsec. (c)(2). Pub. L. 114322, § 1130(d)(2)(B), substituted “State, regional, and tribal” for “State and tribal”. Subsec. (c)(4). Pub. L. 114322, § 1130(d)(2)(C), substituted “State, regional, tribal, and local” for “State and local”. Subsec. (d). Pub. L. 114322, § 1130(d)(3)(A), substituted “1 year after December 16, 2016” for “1 year after June 10, 2014” in introductory provisions. Subsec. (d)(2). Pub. L. 114322, § 1130(d)(3)(B), substituted “State, regional, or tribal” for “State or tribal”.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 3304 - Limitations on statutory construction
## Text
Nothing in this chapter shall be construed as—
(1) creating any liability of the United States or its officers or employees for the recovery of damages caused by an action or failure to act; or
(2) relieving an owner or operator of a levee of a legal duty, obligation, or liability incident to the ownership or operation of a levee.
(Pub. L. 110114, title IX, § 9007, formerly § 9005, Nov. 8, 2007, 121 Stat. 1290; renumbered § 9007, Pub. L. 113121, title III, § 3016(e)(1), June 10, 2014, 128 Stat. 1293.)
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# 33 U.S.C. § 3305 - Authorization of appropriations
## Text
There is authorized to be appropriated to the Secretary—
(1) to carry out sections 3302, 3303a(c), 3303a(d), 3303a(e), and 3303a(f) of this title, $4,000,000 for each of fiscal years 2019 through 2023;
(2) to carry out section 3303 of this title, $20,000,000 for each of fiscal years 2019 through 2023; and
(3) to carry out section 3303a(h) of this title, $30,000,000 for each of fiscal years 2019 through 2023.
(Pub. L. 110114, title IX, § 9008, formerly § 9006, Nov. 8, 2007, 121 Stat. 1291; renumbered § 9008 and amended Pub. L. 113121, title III, § 3016(e)(1), (f), June 10, 2014, 128 Stat. 1293, 1300; Pub. L. 115270, title I, § 1144(2), Oct. 23, 2018, 132 Stat. 3785.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115270 substituted “2019 through 2023” for “2015 through 2019” in pars. (1) to (3). 2014—Pub. L. 113121, § 3016(f)(2), substituted “Secretary—” for “Secretary to carry out this chapter $20,000,000 for each of fiscal years 2008 through 2013.” and added pars. (1) to (3). Pub. L. 113121, § 3016(f)(1), which directed the substitution of “is” for “are”, could not be executed because “are” does not appear in text.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 3306 - Certain levee improvements
## Text
(a) In general Notwithstanding section 211 of the Water Resources Development Act of 2000 (31 U.S.C. 6505 note), the Secretary, at the request of a local government, is authorized to provide technical services, on a reimbursable basis, to the local government to assess the reasons a federally constructed levee owned or operated by the local government is not accredited by the Federal Emergency Management Agency.
(b) Federal levees In carrying out this section, in a case in which a levee owned and operated by the Secretary is hydraulically tied to a levee described in subsection (a), the Secretary is encouraged to cooperate, to the maximum extent practicable, with the relevant local governmental entities in assessing the reasons the levee described in subsection (a) is not accredited.
(c) Limitation Nothing in this section—
(1) affects the responsibilities of a local government to operate and maintain its flood control infrastructure; or
(2) obligates the Secretary to expend additional Federal resources on levees owned and operated by the Secretary.
(Pub. L. 115270, title I, § 1123, Oct. 23, 2018, 132 Stat. 3779.)
## Notes
Editorial Notes
References in TextSection 211 of the Water Resources Development Act of 2000, referred to in subsec. (a), is section 211 of Pub. L. 106541, which is set out as a note under section 6505 of Title 31, Money and Finance.
Codification Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Americas Water Infrastructure Act of 2018, and not as part of the National Levee Safety Act of 2007 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270, set out as a note under section 2201 of this title.
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# 33 U.S.C. § 3307 - Assessment of Corps of Engineers levees
## Text
(a) In general The Secretary shall periodically conduct assessments of federally authorized levees under the jurisdiction of the Corps of Engineers, to evaluate the potential Federal interest in the modification (including realignment or incorporation of natural features and nature-based features, as such terms are defined in section 2289a(a) of this title) of levee systems to meet one or more of the following objectives:
(1) Increasing the flood risk reduction benefits of such systems.
(2) Achieving greater flood resiliency.
(3) Restoring hydrological and ecological connections with adjacent floodplains that achieve greater environmental benefits without undermining flood risk reduction or flood resiliency for levee-protected communities.
(b) Levees operated by non-Federal interests The Secretary shall carry out an assessment under subsection (a) for a federally authorized levee system operated by a non-Federal interest only if the non-Federal interest—
(1) requests the assessment; and
(2) agrees to provide 50 percent of the cost of the assessment.
(c) Assessments (1) Considerations In conducting an assessment under subsection (a), the Secretary shall consider and identify, with respect to each levee system—
(A) an estimate of the number of structures and population at risk and protected by the levee system that would be adversely impacted if the levee system fails or water levels exceed the height of any levee segment within the levee system (which may be the applicable estimate included in the levee database established under section 3303 of this title, if available);
(B) the number of times the non-Federal interest has received emergency flood-fighting or repair assistance under section 701n of this title for the levee system, and the total expenditures on postflood repairs over the life of the levee system;
(C) the functionality of the levee system with regard to higher precipitation levels, including due to changing climatic conditions and extreme weather events;
(D) the potential costs and benefits (including environmental benefits and implications for levee-protected communities) from modifying the applicable levee system to restore connections with adjacent floodplains; and
(E) available studies, information, literature, or data from relevant Federal, State, or local entities.
(2) Prioritization In conducting an assessment under subsection (a), the Secretary shall, to the maximum extent practicable, prioritize levee systems—
(A) associated with an area that has been subject to flooding in two or more events in any 10-year period; and
(B) for which the non-Federal interest has received emergency flood-fighting or repair assistance under section 701n of this title with respect to such flood events.
(3) Scope The Secretary shall ensure that an assessment under subsection (a) shall be similar in cost and scope to an initial assessment prepared by the Secretary pursuant to section 549a of this title.
(d) Flood plain management services In conducting an assessment under subsection (a), the Secretary shall consider information on floods and flood damages compiled under section 709a of this title.
(e) Report to Congress (1) In general Not later than 18 months after December 23, 2022, and periodically thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the assessments conducted under subsection (a).
(2) Inclusion The Secretary shall include in each report submitted under paragraph (1)—
(A) identification of any levee system for which the Secretary has conducted an assessment under subsection (a);
(B) a description of any opportunities identified under such subsection for the modification of a levee system, including the potential benefits of such modification for the purposes identified under such subsection;
(C) information relating to the willingness and ability of each applicable non-Federal interest to participate in a modification to the relevant levee system, including by obtaining any real estate necessary for the modification; and
(D) a summary of the information considered and identified under subsection (c)(1).
(f) Incorporation of information The Secretary shall include in the levee database established under section 3303 of this title the information included in each report submitted under subsection (e), and make such information publicly available (including on a publicly available website).
(g) Levee system defined In this section, the term “levee system” has the meaning given that term in section 3301(9) of this title.
(h) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended.
(Pub. L. 117263, div. H, title LXXXI, § 8121, Dec. 23, 2022, 136 Stat. 3712.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the National Levee Safety Act of 2007 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117263, set out as a note under section 2201 of this title.