II 

112TH CONGRESS 

2D SESSION S. 2039 

To allow a State or local government to construct levees on certain properties 

otherwise designated as open space lands. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2012 

Mr. HOEVEN (for himself and Mr. CONRAD) introduced the following bill; 

which was read twice 

JANUARY 26, 2012 

Considered, amended, read the third time, and passed 

A BILL 

To allow a State or local government to construct levees 

on certain properties otherwise designated as open space 

lands. 

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

3 SECTION 1. LEVEES. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘Administrator’’ means the Ad6 ministrator of the Federal Emergency Management 

7 Agency; and 


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1 (2) the term ‘‘covered hazard mitigation land’’ 

2 means land— 

3 (A) acquired and deed restricted under sec4 tion 404(b) of the Robert T. Stafford Disaster 

5 Relief and Emergency Assistance Act (42 

6 U.S.C. 5170c(b)) before, on, or after the date 

7 of enactment of this Act; and 

8 (B) that is located— 

9 (i) in North Dakota; and 

10 (ii) in a community that— 

11 (I) is participating in the Na12 tional Flood Insurance Program on 

13 the date on which a State, local, or 

14 tribal government submits an applica15 tion requesting to construct a perma16 nent flood risk reduction levee under 

17 subsection (b); and 

18 (II) certifies to the Administrator 

19 and the Chief of Engineers that the 

20 community will continue to participate 

21 in the National Flood Insurance Pro22 gram. 

23 (b) AUTHORITY.—Notwithstanding clause (i) or (ii) 

24 of section 404(b)(2)(B) of the Robert T. Stafford Disaster 

25 Relief and Emergency Assistance Act (42 U.S.C. 


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1 5170c(b)(2)(B)), the Administrator shall approve the con2 struction of a permanent flood risk reduction levee by a 

3 State, local, or tribal government on covered hazard miti4 gation land if the Administrator and the Chief of Engi5 neers determine, through a process established by the Ad6 ministrator and Chief of Engineers and funded entirely 

7 by the State, local, or tribal government seeking to con8 struct the proposed levee, that— 

9 (1) construction of the proposed permanent 

10 flood risk reduction levee would more effectively 

11 mitigate against flooding risk than an open flood12 plain or other flood risk reduction measures; 

13 (2) the proposed permanent flood risk reduction 

14 levee complies with Federal, State, and local require15 ments, including mitigation of adverse impacts and 

16 implementation of floodplain management require17 ments, which shall include an evaluation of whether 

18 the construction, operation, and maintenance of the 

19 proposed levee would continue to meet best available 

20 industry standards and practices, would be the most 

21 cost-effective measure to protect against the as22 sessed flood risk and minimizes future costs to the 

23 federal government; 

24 (3) the State, local, or tribal government seek25 ing to construct the proposed levee has provided an 


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1 adequate maintenance plan that documents the pro2 cedures the State, local, or tribal government will 

3 use to ensure that the stability, height, and overall 

4 integrity of the proposed levee and the structure and 

5 systems of the proposed levee are maintained, in6 cluding— 

7 (A) specifying the maintenance activities to 

8 be performed; 

9 (B) specifying the frequency with which 

10 maintenance activities will be performed; 

11 (C) specifying the person responsible for 

12 performing each maintenance activity (by name 

13 or title); 

14 (D) detailing the plan for financing the 

15 maintenance of the levee; and 

16 (E) documenting the ability of the State, 

17 local, or tribal government to finance the main18 tenance of the levee. 

19 (c) MAINTENANCE CERTIFICATION.— 

20 (1) IN GENERAL.—A State, local, or tribal gov21 ernment that constructs a permanent flood risk re22 duction levee under subsection (b) shall submit to 

23 the Administrator and the Chief of Engineers an an24 nual certification indicating whether the State, local, 


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1 or tribal government is in compliance with the main2 tenance plan provided under subsection (b)(3). 

3 (2) REVIEW.—The Chief of Engineers shall re4 view a certification submitted under paragraph (1) 

5 and determine whether the State, local, or tribal 

6 government has complied with the maintenance plan. 

Æ 


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