49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–609 

NATIONAL LEVEE SAFETY PROGRAM ACT OF 2006 

JULY 28, 2006.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. YOUNG of Alaska, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 4650] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 4650) to direct the Secretary of the 

Army to carry out programs and activities to enhance the safety of 

levees in the United States, having considered the same, report favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Levee Safety Program Act of 2006’’. 

SEC. 2. DEFINITIONS. 

In this Act, the following definitions apply: 

(1) BOARD.—The term ‘‘Board’’ means the National Levee Safety Advisory 

Board established under section 4(d). 

(2) COMMITTEE.—The term ‘‘Committee’’ means the Interagency Committee on 

Levee Safety established by section 4(a). 

(3) LEVEE.— 

(A) IN GENERAL.—The term ‘‘levee’’ means an embankment (including 

floodwalls)— 

(i) the primary purpose of which is to provide hurricane, storm, and 

flood protection relating to seasonal high water and storm surges; and 

(ii) that normally is subject to water loading for only a few days or 

weeks during a year. 

(B) INCLUSION.—The term ‘‘levee’’ includes structures along canals that 

constrain water flows and are subject to more frequent water loadings but 

that do not constitute a barrier across a watercourse. 

(4) FEDERAL ENTITY.—The term ‘‘Federal entity’’ means a Federal agency or 

entity that designs, finances, constructs, owns, operates, maintains, or regulates 

the construction, operation, or maintenance of a levee. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Army. 

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(6) 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. 

(7) STATE LEVEE SAFETY AGENCY.—The term ‘‘State levee safety agency’’ 

means the State agency that has regulatory authority over the safety of any 

non-Federal levee in a State. 

(8) UNITED STATES.—The term ‘‘United States’’, when used in a geographical 

sense, means all of the States. 

SEC. 3. INSPECTION AND INVENTORY OF LEVEES. 

(a) IN GENERAL.—The Secretary shall carry out a program under which, as soon 

as practicable after the date of enactment of this Act, the Secretary shall inspect 

levees in the United States for the purpose of protecting human life and property. 

(b) LEVEES TO BE INSPECTED.— 

(1) IN GENERAL.—In carrying out the program under subsection (a), the Secretary shall inspect— 

(A) each levee in the United States constructed by the Secretary; 

(B) each levee in the United States maintained by the Secretary; 

(C) each levee constructed by a Federal entity and identified to the Secretary by the head of such entity; 

(D) each levee constructed by a federally recognized Indian tribe, located 

on tribal lands, and identified to the Secretary by the head of such tribe; 

and 

(E) each levee located in a State identified by the Governor of the State 

in a list transmitted to the Secretary. 

(2) EXCEPTIONS.—Notwithstanding paragraph (1), in carrying out the program 

under subsection (a), the Secretary shall not be required to inspect— 

(A) any levee that has been inspected by a State levee safety agency during the 1-year period immediately preceding the date of enactment of this 

Act if the Governor of the State requests an exception; and 

(B) any levee that the Secretary determines would not pose a significant 

threat to human life or property in case of failure. 

(c) STATE PARTICIPATION.—On request of a State levee safety agency with respect 

to any levee subject to an inspection under this Act and the failure of which would 

affect the State, the Secretary shall— 

(1) allow an official of the State levee safety agency to participate in the inspection of the levee; and 

(2) provide information to the State levee safety agency relating to the location, construction, operation, or maintenance of the levee. 

(d) DETERMINATION.— 

(1) INSPECTION REQUIREMENTS.—For the purpose of determining whether the 

failure of a levee, including the release of any water constrained by the levee, 

constitutes a danger to human life or property, the Secretary shall take into 

consideration the possibility that the levee may be in danger of failing due to 

disparities in floodwall height or construction materials, overtopping due to 

flooding or storm surges, seepage, settlement, piping or internal erosion, cracking, earth movement, earthquakes, hurricanes, the failure of bulkheads or sheet 

walls, flashboards, gates or conduits, wetlands erosion, soil erosion, hydrologic 

modification, or other conditions that exist or may occur in any area in the vicinity of the levee. 

(2) PREVIOUSLY-INSPECTED LEVEES.—For any levee with respect to which the 

Secretary made any determination regarding the safety of the levee before the 

date of the inspection of the levee under this section, the Secretary shall review 

the determination, taking into consideration information most recently available 

to the Secretary relating to the matters referred to in paragraph (1). 

(e) INSPECTION RESULTS.— 

(1) NOTICE TO STATES.—As soon as practicable after the inspection of a levee 

under this Act, the Secretary shall notify the Governor of the State in which 

such levee is located, the Governor of any other affected State, any affected local 

government authority, and any affected federally recognized Indian tribe of the 

results of the inspection. 

(2) HAZARDOUS CONDITIONS.—If the Secretary finds a hazardous condition 

during an inspection, the Secretary shall— 

(A) immediately notify the Governor of the State in which such levee is 

located, the Governor of any other affected State, any affected local government authority, and any affected federally recognized Indian tribe; and 

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(B) provide to a Governor or entity referred to in subparagraph (A), upon 

request, advice relating to timely remedial measures necessary to mitigate 

or obviate the hazardous condition. 

(f) NATIONAL LEVEE INVENTORY.— 

(1) IN GENERAL.—Not later than August 1, 2007, and every 2 years thereafter, 

the Secretary shall publish and submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an inventory of— 

(A) levees subject to inspection under this Act, and a characterization of 

the risk posed by such levees; and 

(B) levees identified by a State under section 5(e)(2)(H). 

(2) CONSIDERATIONS.—In determining the risk a levee poses under paragraph 

(1)(A), the Secretary shall consider the condition of the levee and the potential 

impact on human lives and property if the levee fails. 

(3) CONTENTS.—An inventory to be submitted under paragraph (1) shall include for each levee the following information: 

(A) The location of the levee. 

(B) The owner of the levee and any other responsible party. 

(C) The physical condition of the levee. 

(D) The probability and consequences of a failure of the levee. 

SEC. 4. INTERAGENCY COMMITTEE ON LEVEE SAFETY. 

(a) ESTABLISHMENT.—There is established a committee to be known as the ‘‘Interagency Committee on Levee Safety’’. 

(b) MEMBERSHIP.—The Committee shall be composed of 5 members as follows: 

(1) The Secretary (or the Secretary’s designee), who shall serve as the chairperson of the Committee. 

(2) The Secretary of Agriculture (or the Secretary’s designee). 

(3) The Secretary of the Interior (or the Secretary’s designee). 

(4) The Director of the Federal Emergency Management Agency (or the Director’s designee). 

(5) The United States Commissioner of the International Boundary and Water 

Commission (or the Commissioner’s designee). 

(c) DUTIES.—The Committee shall support the establishment and maintenance of 

effective Federal programs, policies, and guidelines to enhance levee safety for the 

protection of human life and property through coordination and information exchange among and between Federal and non-Federal entities concerning the implementation of Federal guidelines relating to levee safety. 

(d) NATIONAL LEVEE SAFETY ADVISORY BOARD.— 

(1) ESTABLISHMENT.—The Committee shall establish an advisory board, to be 

known as the ‘‘National Levee Safety Advisory Board’’, to advise the Committee 

on— 

(A) the safety of levees in the United States; 

(B) the implementation of this Act by State levee safety agencies; and 

(C) policy relating to national levee safety. 

(2) MEMBERSHIP.—The Board shall be composed of 14 members appointed by 

the Secretary as follows: 

(A) A representative of State levee safety agencies for each of the 8 civil 

works divisions of the Corps of Engineers. 

(B) 2 representatives of the private sector who have expertise in levee 

safety. 

(C) 4 representatives of local and regional governmental agencies with expertise in levee safety. 

(3) DUTIES.— 

(A) IN GENERAL.—The Board shall support the activities of the Committee 

and the establishment and maintenance of effective programs, policies, and 

guidelines to enhance levee safety for the protection of human life and property throughout the United States. 

(B) COORDINATION AND INFORMATION EXCHANGE AMONG AGENCIES.—In 

carrying out subparagraph (A), the Board shall assist the Committee in coordination and information exchange among and between Federal entities 

and State levee safety agencies that share common problems and responsibilities relating to levee safety, including planning, design, construction, 

operation, emergency action planning, inspections, maintenance, regulation 

or licensing, technical or financial assistance, research, and data management. 

(4) COMPENSATION OF MEMBERS.—A member of the Board shall serve without 

compensation. 

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(5) TRAVEL EXPENSES.—To the extent amounts are made available in advance 

in appropriations Acts, the Secretary shall reimburse a member of the Board 

for travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter 1 of chapter 57 of title 5, 

United States Code, while away from the home or regular place of business of 

the member in performance of services for the Board. 

(6) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. 

SEC. 5. NATIONAL LEVEE SAFETY PROGRAM. 

(a) IN GENERAL.—The Secretary, in consultation with the Committee and State 

levee safety agencies, shall establish and maintain a national levee safety program. 

(b) PURPOSES.—The purposes of the program under this section are— 

(1) to ensure that human life and property protected by new and existing levees are safe through the development of technologically, economically, socially, 

and environmentally feasible programs and procedures for hazard reduction and 

mitigation relating to levees; 

(2) to encourage acceptable engineering policies and procedures to be used for 

levee site investigation, design, construction, operation and maintenance, and 

emergency preparedness; 

(3) to encourage the establishment and implementation of effective levee safety programs in each State; 

(4) to develop and support public education and awareness projects to increase public acceptance and support of State levee safety programs; 

(5) to build public awareness of the residual risks associated with living in 

levee protected areas; 

(6) to develop technical assistance materials for Federal and State levee safety programs; 

(7) to develop methods of providing technical assistance relating to levee safety to non-Federal entities; and 

(8) to develop technical assistance materials, seminars, and guidelines to improve the security of levees in the United States. 

(c) STRATEGIC PLAN.—In carrying out the program under this section, the Secretary shall— 

(1) prepare a strategic plan to achieve the purposes of the program under this 

section; and 

(2) transmit, not later than 120 days after the date of enactment of this Act, 

the plan to the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Environment and Public Works of the 

Senate. 

(d) FEDERAL GUIDELINES.— 

(1) IN GENERAL.—In carrying out the program under this section, the Secretary, in consultation with the Committee, shall establish Federal guidelines 

relating to levee safety. 

(2) INCORPORATION OF FEDERAL ACTIVITIES.—The Federal guidelines under 

paragraph (1) shall incorporate, to the maximum extent practicable, activities 

and practices carried out by a Federal entity as of the date on which the guidelines are established. 

(3) INCORPORATION OF STATE AND LOCAL ACTIVITIES.—The program under this 

section shall incorporate, to the maximum extent practicable— 

(A) the activities and practices carried out by States, local governments, 

and the private sector to safely build, regulate, operate, and maintain levees; and 

(B) Federal activities that foster State efforts to develop and implement 

effective programs for the safety of levees. 

(e) ASSISTANCE FOR STATE LEVEE SAFETY PROGRAMS.— 

(1) IN GENERAL.—To encourage the establishment and maintenance of effective State programs intended to ensure levee safety to protect human life and 

property and to improve State levee safety programs, the Secretary shall provide assistance, using amounts made available to carry out this Act, to assist 

States in establishing and carrying out levee safety programs. 

(2) CRITERIA.—To be eligible for assistance under this subsection, a State 

shall be in the process of establishing or have in effect a State levee safety program under which the State levee safety agency, in accordance with State law, 

shall— 

(A) review and approve plans and specifications to construct, enlarge, 

modify, remove, and abandon levees; 

(B) perform periodic inspections during levee construction to ensure compliance with approved plans and specifications; 

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(C) require or perform the inspection, at least once every 5 years, of all 

levees that would pose a significant threat to human life and property in 

case of failure to determine the continued safety of the levees and a procedure for more detailed and frequent safety inspections; 

(D) require that all inspections of levees be performed under the supervision of a State-registered professional engineer with experience in levee 

design and construction; 

(E) issue notices, when appropriate, to require owners of levees to perform necessary maintenance or remedial work, improve security, revise operating procedures, or take other actions, including breaching levees when 

necessary; 

(F) provide necessary funds from State sources or by requiring levee owners to pay for timely repairs or other changes to, or removal of, a levee in 

order to protect human life and property; 

(G) establish a system of emergency procedures to be used by the State, 

or required to be used by levee owners, if a levee fails or the failure of a 

levee is imminent; 

(H) identify and provide information to the Secretary on— 

(i) each levee the failure of which could be reasonably expected to endanger human life and property; 

(ii) the maximum area that could be flooded if the levee failed; and 

(iii) critical public facilities that would be affected by the flooding, including costs and consequences of the flooding; and 

(I) issue regulations necessary to carry out the program. 

(3) BUDGETING REQUIREMENT.—To be eligible for assistance under this subsection, a State shall allocate sufficient funds in its budget to carry out a State 

levee safety program. 

(4) WORK PLANS.—The Secretary shall enter into an agreement with each 

State receiving assistance under this subsection to develop a work plan necessary for the State levee safety program to reach a level of program performance specified in the agreement. 

(5) MAINTENANCE OF EFFORT.—Assistance may not be provided to a State 

under this subsection for a fiscal year unless the State enters into such agreement with the Secretary as the Secretary requires to ensure that the State will 

maintain the aggregate expenditures of the State from all other sources for programs to ensure levee safety for the protection of human life and property at 

or above a level equal to the average annual level of such expenditures for the 

2 fiscal years preceding the fiscal year. 

(6) APPROVAL OF PROGRAMS.— 

(A) SUBMISSION.—To be eligible for assistance under this subsection, a 

State shall submit to the Secretary a State levee safety program and receive the Secretary’s approval of the program. 

(B) APPROVAL.— 

(i) IN GENERAL.—If the Secretary determines that a program submitted by a State under subparagraph (A) substantially meets the requirements of this subsection, the Secretary shall approve the program 

and immediately notify the State in writing of the approval. 

(ii) DEEMED APPROVAL.—A program submitted by a State under subparagraph (A) shall be deemed to be approved by the Secretary on the 

120th day following the date of the Secretary’s receipt of the program 

unless the Secretary before such 120th day approves or disapproves the 

program. 

(C) NOTIFICATION OF DISAPPROVAL.—If the Secretary determines that a 

program submitted by a State under subparagraph (A) does not substantially meet the requirements of this subsection, the Secretary shall disapprove the program, immediately notify the State in writing of the disapproval, and provide the reasons for the disapproval and the changes that 

are necessary for the program to be approved. 

(7) REVIEWS OF STATE LEVEE SAFETY PROGRAMS.— 

(A) PERIODIC REVIEWS.—The Secretary shall periodically review State 

levee safety programs. 

(B) REVOCATION OF PROGRAM APPROVAL.—If the Secretary finds that a 

State levee safety program has proven inadequate to reasonably protect 

human life and property, the Secretary shall revoke approval of the State 

levee safety program, and withhold assistance under this subsection, until 

the State levee safety program again substantially meets the requirements 

for approval. 

(f) REPORT.—Not later than January 1, 2007, and every 2 years thereafter, the 

Secretary shall submit to the Committee on Transportation and Infrastructure of 

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the House of Representatives and the Committee on Environment and Public Works 

of the Senate a report describing— 

(1) the status of the program under this section; 

(2) the progress made by Federal entities during the 2 preceding fiscal years 

in implementing Federal guidelines relating to levee safety; 

(3) the progress made by State levee safety agencies participating in the program; and 

(4) recommendations for legislative or other action that the Secretary considers to be necessary, if any. 

SEC. 6. RESEARCH PROGRAM. 

(a) IN GENERAL.—The Secretary, in cooperation with the Committee, shall carry 

out a program of technical and archival research to develop and support— 

(1) improved techniques, historical experience, and equipment for rapid and 

effective levee construction, maintenance, rehabilitation, and inspection; 

(2) the development of devices for the continued monitoring of levee safety; 

(3) the development and maintenance of information resources systems required to manage levee safety projects; and 

(4) public policy initiatives and other improvements relating to levee safety 

engineering, security, and management. 

(b) PARTICIPATION BY STATE LEVEE SAFETY AGENCIES.—In carrying out the program under subsection (a), the Secretary shall— 

(1) solicit participation from State levee safety agencies; and 

(2) periodically update State levee safety agencies, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate on the status of the program. 

SEC. 7. LEVEE SAFETY TRAINING PROGRAM. 

Upon request of a State that has (or intends to develop) a State levee safety program, the Secretary shall establish a program under which the Secretary shall provide training for State levee safety agency staff. 

SEC. 8. EFFECT OF ACT. 

Nothing in this Act— 

(1) creates 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) relieves an owner or operator of a levee of a legal duty, obligation, or liability incident to the ownership or operation of a levee. 

SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to the Secretary to carry out this Act 

$15,000,000 for each of fiscal years 2007 through 2012. Such sums shall remain 

available until expended. 

PURPOSE OF THE LEGISLATION

The purpose of H.R. 4650 is to direct the Secretary of the Army 

to carry out programs and activities to enhance the safety of levees 

and those living in levee-protected areas. 

BACKGROUND AND NEED FOR LEGISLATION

The 2005 hurricane season illustrated the importance of flood 

protection infrastructure and in particular the importance of levees. When they fail or are overwhelmed by a massive flood event, 

the consequences can be catastrophic. While much of the attention 

has been focused on the Gulf Coast, particularly on the hundreds 

of miles of levees protecting New Orleans, it is important to recognize that many other cities around the country face the same, if not 

greater risk, of flooding. 

The United States Army Corps of Engineers has constructed 

nearly 9,000 miles of the nation’s estimated 15,000 miles of levees. 

On the federal level, new levee construction requires complex engineering and its capacity is based on a level of protection that is justified by an analysis of the risks, costs, and benefits of constructing 

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the project. There are strict engineering standards required when 

a federal levee is designed and built. 

There are undoubtedly thousands of miles of other levees built 

by other federal agencies, states, towns, farmers, and landowners. 

Some of these are well-built and well-maintained levees. Others are 

not. What we know about the existence and condition of these 

other levees we often learn when one fails or is overwhelmed by a 

flood event. There has never been an inventory of the levees in the 

country that could identify where they are, what condition they are 

in, or what resources are at risk if one should fail or be overtopped. 

Except for the mainline levees of the lower Mississippi River, 

maintenance of the levees constructed by the Corps of Engineers is 

a non-federal responsibility. Little is known about the current condition of both federal and non-federal levees, including whether 

these levees were designed to meet current conditions, or whether 

they have been properly maintained by the non-federal interest. 

People and property behind a levee are always subject to some 

level of risk although, often those living and working behind levees 

are unaware of the risk. That risk may have to do with the height 

or the condition of the levee or the risk that a flood event will occur 

that is greater than the design of the levee. 

For urban areas, the federal government typically designs levees 

and flood damage reduction projects around a 1-percent annual 

probability of such an event, more commonly referred to as a ‘‘100- 

year flood’’, as the minimum standard for identifying, mapping, and 

managing flood hazards. Often in urban areas, a greater level of 

protection is warranted and larger levees are constructed. Levees 

that protect agricultural lands typically are designed to protect 

against smaller floods that are more likely to occur in a given year, 

such as a flood with an annual probability of 20 percent, more commonly referred to as a ‘‘five year flood.’’ 

The Federal Emergency Management Agency (FEMA) operates 

the National Flood Insurance Program as a way to manage flood 

risk without having to rely on federal disaster assistance. In the 

United States there is only a small private insurance market for 

flood insurance. Participating communities are required to adopt 

building codes and other types of activities that will reduce losses 

posed by a 100-year flood. However, structures built behind the 

protection of 100-year levees are not designated as being within the 

floodplain, and therefore occupants within these areas are not required to participate in the National Flood Insurance Program. 

FEMA does require levees protecting flood-prone areas to be certified for structural soundness, proper maintenance, and provide 

protection against a 100-year flood. The Army Corps of Engineers 

performs a majority of these certifications, however, this process is 

currently not designed to assess the geotechnical conditions of the 

levees or the hydrological conditions of the areas to be protected. 

While levee structures may be sound, the underlying geology or hydrology may impact the structure. Performing this type of assessment could represent a significant cost for levee owners. The Corps 

estimates that to perform these types of assessments for the 1,600 

miles of levees in California’s Central Valley will cost $100 million, 

or $60,000 per mile of levee. 

While some States have programs to regulate levees constructed 

by non-federal entities, the majority of States do not have such proVerDate Aug 31 2005 04:02 Aug 01, 2006 Jkt 049006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR609.XXX HR609
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grams. Those States that have programs are in response to the National Flood Insurance Program or regulatory programs that require localities to control land use or implement other floodplain 

management measures. Under the National Flood Insurance Program, the Federal Emergency Management Agency can exempt 

communities from certain requirements of the program if the communities can show that the levees protecting them are designed, 

constructed, located, and maintained according to certain criteria. 

The accuracy of maps used by the Federal Emergency Management 

Agency (FEMA) to define flood hazard areas are currently under 

review, as more than 75 percent of them are more than 10 years 

old, raising concerns that hydrologic data has changed since the 

maps were last reviewed. A 2004 analysis by the Army Corps of 

Engineers found some locations along the Missouri River where the 

100-year flood elevation is four feet higher than what was shown 

on previous flood maps. As FEMA updates its maps through its 

Map Modernization Initiative, some communities that were once 

thought to be protected from the 100-year flood event may find 

themselves with less protection and subjected to different flood insurance requirements. 

SUMMARY OF THE LEGISLATION

Section 1. Short title 

Section 1 of the bill specifies that the short title is the ‘‘National 

Levee Safety Program Act of 2006.’’ 

Section 2. Definitions 

Section 2 of the bill defines (1) ‘‘Board’’ to mean the National 

Levee Safety Advisory Board, (2) ‘‘Committee’’ to mean the Interagency Committee on Levee Safety, (3) ‘‘Levee’’ to mean an embankment or structure that’s primary purpose is to provide hurricane, storm, and flood protection relating to seasonal high water 

and storm surges and that is normally subject to water loading for 

only a few days or weeks during a year, including structures along 

canals that constrain water flows and are subject to more frequent 

water loadings but do not constitute a barrier across a watercourse, 

(4) ‘‘Federal Entity’’ to mean a federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a levee, (5) ‘‘Secretary’’ to 

mean the Secretary of the Army, (6) ‘‘State’’ to mean a State, the 

District of Columbia, the Commonwealth of Puerto Rico, or any territorial possession of the United States, (7) ‘‘State Levee Safety 

Agency’’ to mean a State agency that has regulatory authority over 

the safety of any non-federal levee in the State, and (8) ‘‘United 

States’’ to mean, in a geographical sense, all of the States. 

Section 3. Inspection and inventory of levees 

Section 3 of the bill creates a program authorizing the Secretary 

to inspect levees constructed or maintained by the Corps of Engineers, each levee constructed by other Federal entities or Indian 

tribe, and any levee identified by the Governor of a State. Levees 

that do not pose a significant threat in case of failure would be exempt from inspection under this Act. State officials are permitted 

to accompany the Secretary during inspections, and the Secretary 

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may provide information to the State levee safety agency relating 

to the location, construction, and maintenance of a levee. 

In determining whether the failure of a levee constitutes a danger to life or property, the bill requires the Secretary during the 

levee inspection to take into consideration multiple scenarios that 

could lead to a levee failure. The Secretary will then report to the 

Governors of the affected States, local governments, and tribes the 

results of these levee inspections. Should hazardous conditions be 

found during the inspection, the Secretary shall also provide to the 

Governors of the affected States advice relating to measures necessary to mitigate or obviate the hazard. 

Section 3 also requires the Secretary to submit to Congress by 

August 1, 2007, and every two years thereafter, a national inventory of levees inspected and a characterization of the risks posed 

by the levees. In determining the risk, the Secretary shall consider 

the condition of the levee and the potential impact on human lives 

and property if the levee fails. The inventory shall include the location of the levee, the owner of the levee, the physical condition of 

the levee, and the probability and consequences of failure of the 

levee. The Secretary is not required to conduct risk assessments of 

levees identified to the Secretary under section 5(e)(2)(H) of this 

Act. 

Section 4. Interagency Committee on Levee Safety 

Section 4 establishes the five-member Interagency Committee on 

Levee Safety to establish and maintain effective programs and policies to enhance levee safety among Federal and non-Federal entities. The five-member Committee shall include the Secretary of the 

Army, the Secretary of Agriculture, the Secretary of the Interior, 

the Director of the Federal Emergency Management Agency, and 

the United States Commissioner of the International Boundary and 

Water Commission. 

The Committee shall be supported by the National Levee Safety 

Advisory Board. The Board shall assist the Committee in coordination and information exchange between the Federal agencies and 

State levee safety agencies that share common challenges and responsibilities. The Board shall be comprised of eight representatives from State levee safety agencies representing each of the 

eight Army Corps of Engineers divisions, two representatives from 

the private sector who have expertise in levee safety, and four representatives of local and regional governmental agencies with expertise in levee safety. These Board members shall serve without 

compensation, but may be reimbursed for travel expenses including 

per diem. The Federal Advisory Committee Act shall not apply to 

this section. 

Section 5. National levee safety program 

Section 5 authorizes the Secretary to establish and maintain a 

national levee safety program, in consultation with State levee 

safety agencies and the Interagency Committee on Levee Safety. 

The program shall ensure that life and property is protected by levees that are safe through the development of technologically, economically, socially, and environmentally feasible programs and procedures for hazard reduction and mitigation. The program will encourage acceptable engineering policies and procedures to be used 

10 

for levee site investigation, design, construction, operation and 

maintenance, and emergency preparedness. The program shall encourage the establishment and implementation of effective levee 

safety programs. The program shall develop and support public 

education and awareness projects to increase public acceptance and 

support of State levee safety programs. The program shall build 

public awareness of the residual risks associated with living in 

levee protected areas. The program shall develop technical assistance materials for federal and State levee safety programs. The 

program shall develop methods of providing technical assistance relating to levee safety to non-federal entities. The program shall develop technical assistance materials, seminars, and guidelines to 

improve the security of levees. The program shall incorporate the 

activities and practices carried out by States, local governments, 

and the private sector to safely build, regulate, operate, and maintain levees. The program shall incorporate federal activities that 

foster State efforts to develop and implement effective programs for 

the safety of levees. 

In addition, the Secretary shall prepare a strategic plan to 

achieve the purposes of the program and submit it to the House 

Committee on Transportation and Infrastructure and the Senate 

Committee on Environment and Public Works within 120 days of 

enactment. In carrying out the program, the Secretary, in consultation with the Interagency Committee on Levee Safety, shall establish federal guidelines relating to levee safety, and shall incorporate activities and practices currently being carried out by federal agencies. 

To encourage the establishment and maintenance of State programs to ensure levee safety, and to improve State levee safety programs, the Secretary shall provide assistance through amounts 

available by the Act, to assist States in carrying out levee safety 

programs. 

To be eligible for assistance, a State shall be in the process of establishing or have in effect a State levee safety program. The State 

levee safety program shall review and approve plans and specifications to construct, enlarge, modify, remove, and abandon levees. 

The State levee safety program shall perform periodic inspections 

during levee construction to ensure compliance with approved 

plans and specifications. The State levee safety program shall require or perform the inspection, at least once every five years, of 

all levees that pose a significant threat to human life and property 

in case of failure to determine the continued safety of the levees 

and a procedure for more detailed and frequent safety inspections. 

The State levee safety program shall require all inspections of levees be performed under the supervision of a State-registered professional engineer with experience in levee design and construction. 

The State levee safety program shall issue notices when appropriate to require owners of levees to perform necessary maintenance or remedial work, improve security, revise operating procedures, or take other actions, including breaching levees when necessary. The State levee safety program shall provide necessary 

funds from State sources or require levee owners to pay for timely 

repairs or other changes to, or removal of, a levee in order to protect human life or property. The State levee safety program shall 

identify and provide information to the Secretary for each levee the 

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failure of which could be reasonably expected to endanger human 

life and property, on the maximum area that could be flooded if a 

levee failed, and critical public facilities that would be affected by 

the flooding including the costs and consequences of the flooding. 

The State levee safety program shall issue regulations necessary to 

carry out the program. Lastly, to be eligible for assistance, the 

State shall allocate sufficient funds in its budget to carry out a 

State levee safety program. 

The Secretary shall enter into an agreement with each State receiving assistance to develop a work plan necessary for the State 

levee safety program to reach a level of program performance specified in the agreement. Assistance may not be provided to a State 

for a fiscal year unless the State enters into such agreement with 

the Secretary as the Secretary requires to ensure the State will 

maintain the aggregate expenditures of the State from all other 

sources for programs to ensure levee safety for the protection of 

human life and property at or above a level equal to the average 

annual level of such expenditures for the two fiscal years preceding 

the fiscal year. To be eligible for assistance, a State shall submit 

to the Secretary for approval a State levee safety program. If the 

Secretary determines the program substantially meets the requirements, the Secretary shall approve the program and immediately 

inform the State in writing of the approval. A program submitted 

by a State shall be deemed to be approved by the Secretary on the 

120th day of the Secretary’s receipt of the program unless the Secretary approves or disapproves the program before the 120th day. 

If the Secretary determines the State program does not substantially meet the requirements, the Secretary shall disapprove the 

program, immediately notify the State in writing of the disapproval, and provide the reasons for the disapproval and the 

changes necessary for the program to be approved. 

The Secretary shall periodically review State levee safety programs. If the Secretary finds that a State levee safety program has 

proven inadequate to reasonably protect human life and property, 

the Secretary shall revoke approval of the State levee safety program, and withhold assistance under this subsection, until the 

State levee safety program again substantially meets the requirements for approval. Not later than January 1, 2007, and every two 

years 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 describing the status of the program, the progress 

made by Federal agencies during the two preceding fiscal years in 

implementing Federal guidelines for levee safety, the progress 

made by State levee safety agencies participating in the program, 

and recommendations for legislative or other action that the Secretary considers to be necessary, if any. 

Section 6. Research program 

Section 6 authorizes the Secretary, in cooperation with the Interagency Committee on Levee Safety, to carry out a program of technical and archival research to develop and support improved techniques, historical experience, and equipment for rapid and effective 

levee construction, rehabilitation, and inspection, the development 

of devices for the continued monitoring of levee safety, the developVerDate Aug 31 2005 04:02 Aug 01, 2006 Jkt 049006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR609.XXX HR609
12 

ment and maintenance of information resources systems required 

to manage levee safety projects, public policy initiatives and other 

improvements relating to levee safety engineering, security, and 

management. 

In carrying out the program, the Secretary shall solicit participation from State levee safety agencies, and periodically update State 

levee safety agencies, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on 

Environment and Public Works of the Senate on the status of the 

program. 

Section 7. Levee safety training program 

The Secretary shall establish a program under which the Secretary shall provide, upon request of a State, that has (or intends 

to develop) a State levee safety program, training for State levee 

safety agency staff. 

Section 8. Effect of Act 

Section 8 stipulates that nothing in this Act creates 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 relieves an owner 

or operator of a levee of a legal duty, obligation, or liability incident 

to the ownership or operation of a levee. 

Section 9. Authorization of appropriations 

Section 9 authorizes $15,000,000 in appropriations to the Secretary to carry out this Act for each of fiscal years 2007 through 

2012. Such sums shall remain available until expended. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

The Committee on Transportation and Infrastructure met in 

open session on June 28, 2006, and ordered H.R. 4650 favorably reported, with an amendment, to the House by voice vote. 

ROLLCALL VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each rollcall vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken in connection with ordering H.R. 4650 reported. A motion to order H.R. 4650 reported to the House was agreed to by 

voice vote. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison 

prepared by the Director of the Congressional Budget Office under 

section 402 of the Congressional Budget Act of 1974 has been timeVerDate Aug 31 2005 04:02 Aug 01, 2006 Jkt 049006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR609.XXX HR609
13 

ly submitted prior to the filing of the report and is included in the 

report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and section 308(a) of 

the Congressional Budget Act of 1974, the Committee references 

the report of the Congressional Budget Office included below. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objective of this legislation are to create a National Levee Safety Program, to encourage that new and existing levees are safe, to 

encourage acceptable levee engineering policies and procedures, to 

establish and implement State levee safety programs and standards, to support public education about levees, to develop technical 

assistance materials for Federal and State governments, to provide 

technical assistance to non-Federal entities, and to improve the security of levees. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

following cost estimate for H.R. 4650 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 13, 2006. 

Hon. DON YOUNG, 

Chairman, Committee on Transportation and Infrastructure, House 

of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4650, the National Levee 

Safety Program Act of 2006. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Julie Middleton. 

Sincerely, 

DONALD B. MARRON, 

Acting Director. 

Enclosure. 

H.R. 4650—National Levee Safety Program Act of 2006 

Summary: H.R. 4650 would authorize the appropriation of $15 

million a year over the 2007–2012 period for a levee (i.e., flood control embankments) safety program, including the inspection and inventory of levees, to be administered by the Army Corps of Engineers. The Corps would inspect levees that it constructed and 

maintains, as well as those financed, constructed, or maintained by 

other federal agencies and Indian tribes. In addition, the Corps 

would inspect other levees that are identified by state Governors 

as a threat to human life or property in case of a failure. The bill 

also would establish a National Levee Safety Advisory Board. Finally, H.R. 4650 would authorize a research program on levee construction and maintenance, and a training and assistance program 

for state levee safety officials. 

14 

Assuming appropriation of the authorized amounts, CBO estimates that carrying out this program would cost $71 million over 

the 2007–2011 period, and an additional $19 million after that period. Enacting H.R. 4650 would not affect direct spending or revenues. 

H.R. 4650 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA); 

the bill would benefit state, local, or tribal governments and any 

costs they incur would result from complying with conditions of federal assistance. 

Estimated cost to the Federal Government: For this estimate, 

CBO assumes that H.R. 4650 will be enacted near the start of fiscal year 2007 and that the authorized amounts will be appropriated for each year. Estimated outlays are based on historical 

spending patterns for similar programs. The estimated budgetary 

impact of H.R. 4650 is shown in the following table. The costs of 

this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2007 2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 15 15 15 15 15 15 

Estimated Outlays ........................................................................ 6 18 17 15 15 15 

Intergovernmental and private-sector impact: H.R. 4650 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. Enacting this bill would benefit state, local, and tribal governments that implement programs to improve levee safety; any 

costs they incur from establishing and maintaining an approved 

program would be incurred voluntarily. 

Estimate prepared by: Federal Costs: Julie Middleton. Impact on 

State, Local, and Tribal Governments: Lisa Ramirez-Branum. Impact on the Private Sector: Fatimot Ladipo. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

15 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 4650 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

H.R. 4650 makes no changes to existing law. 

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