I 

116TH CONGRESS 

1ST SESSION H. R. 5476 

To direct the Secretary of the Army to carry out a program to convert 

temporary structures at risk of flood events into permanent features, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2019 

Mrs. AXNE (for herself and Mr. BACON) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure 

A BILL 

To direct the Secretary of the Army to carry out a program 

to convert temporary structures at risk of flood events 

into permanent features, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Local Expertise is 

5 Vital for Effective Embankments Act’’ or the ‘‘LEVEE 

6 Act’’. 

7 SEC. 2. ESTABLISHING PERMANENT FEATURES FROM 

8 EMERGENCY RESPONSE MEASURES. 

9 (a) DEFINITIONS.—In this section: 


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1 (1) IMPACTED COMMUNITY.—The term ‘‘im2 pacted community’’ means an entity that has re3 ceived emergency flood fighting assistance under sec4 tion 5 of the Act of August 18, 1941 (commonly 

5 known as the ‘‘Flood Control Act of 1941’’) (55 

6 Stat. 650, chapter 377; 33 U.S.C. 701n), involving 

7 the construction of a temporary structure. 

8 (2) PERMANENT FEATURE.—The term ‘‘perma9 nent feature’’ means a structural or nonstructural 

10 measure typical in a flood control project. 

11 (3) SMALL OR DISADVANTAGED COMMUNITY.— 

12 The term ‘‘small or disadvantaged community’’ 

13 means a community— 

14 (A) with a population of less than 10,000; 

15 or 

16 (B) that is— 

17 (i) financially disadvantaged; and 

18 (ii) at risk from repeat flooding 

19 events. 

20 (b) EVALUATION OF TEMPORARY STRUCTURES.— 

21 Notwithstanding any other provision of law, on request of 

22 an impacted community, the Secretary shall evaluate 

23 whether the temporary structure warrants consideration 

24 for a permanent feature, in accordance with subsection 

25 (c). 


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1 (c) CONSIDERATIONS.—In evaluating a temporary 

2 structure under subsection (b), the Secretary shall con3 sider— 

4 (1) the likelihood that a similar structure will 

5 need to be constructed in the area in the future if 

6 the temporary structure, or a similar structure, is 

7 not made permanent; 

8 (2) the extent to which similar structures have 

9 been constructed in the area previously and re10 moved; 

11 (3) the economic, safety, and environmental 

12 benefits and impacts of establishing a permanent 

13 feature in the watershed of the impacted community; 

14 (4) the extent of the modifications necessary to 

15 make the temporary structure a permanent feature; 

16 and 

17 (5) the costs of the modifications described in 

18 paragraph (4). 

19 (d) CONVERSION OF TEMPORARY STRUCTURES.— 

20 (1) IN GENERAL.—After the Secretary com21 pletes an evaluation under subsection (b), if the Sec22 retary determines that the temporary structure 

23 should become a permanent feature, or that a per24 manent feature would prevent damage similar to 

25 damage prevented by the temporary structure, and 


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1 subject to paragraph (2), the Secretary shall begin 

2 the planning and design of the permanent feature in 

3 accordance with all applicable design and construc4 tion standards and legal requirements of the Sec5 retary, including all applicable environmental laws. 

6 (2) PROJECT COST.— 

7 (A) IN GENERAL.—The Secretary may 

8 carry out the planning, design, and construction 

9 of a project described in paragraph (1) if the 

10 total construction cost of the project is not ex11 pected to exceed $25,000,000. 

12 (B) LARGE PROJECTS.—If the total con13 struction cost of a project described in para14 graph (1) is expected to be greater than 

15 $25,000,000, the Secretary— 

16 (i) shall submit to Congress a request 

17 to carry out the project in a manner simi18 lar to a Chief’s Report; and 

19 (ii) may not carry out the project 

20 until Congress authorizes the construction 

21 of the project. 

22 (C) DEMOLITION.—Demolition of a tem23 porary structure under this section shall be sub24 ject to the cost-share requirement under para25 graph (3), but the costs of that demolition shall 


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1 not be included in the total construction cost of 

2 the project under subparagraphs (A) and (B). 

3 (3) COST-SHARE.— 

4 (A) IN GENERAL.—The non-Federal share 

5 of the cost of carrying out a project under this 

6 section shall be not more than 35 percent. 

7 (B) SMALL OR DISADVANTAGED COMMU8 NITIES.—In the case of a project carried out 

9 under this section in an impacted community 

10 that is a small or disadvantaged community, 

11 the Federal share of the cost of such project 

12 may be up to 100 percent, based on the ability 

13 of the community to pay. 

Æ 


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