```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2039 Considered and Passed Senate (CPS)]

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.

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

SECTION 1. LEVEES.

    (a) Definitions.--In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency; and
            (2) the term ``covered hazard mitigation land'' means 
        land--
                    (A) acquired and deed restricted under section 
                404(b) of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5170c(b)) before, 
                on, or after the date of enactment of this Act; and
                    (B) that is located--
                            (i) in North Dakota; and
                            (ii) in a community that--
                                    (I) is participating in the 
                                National Flood Insurance Program on the 
                                date on which a State, local, or tribal 
                                government submits an application 
                                requesting to construct a permanent 
                                flood risk reduction levee under 
                                subsection (b); and
                                    (II) certifies to the Administrator 
                                and the Chief of Engineers that the 
                                community will continue to participate 
                                in the National Flood Insurance 
                                Program.
    (b) Authority.--Notwithstanding clause (i) or (ii) of section 
404(b)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c(b)(2)(B)), the Administrator shall 
approve the construction of a permanent flood risk reduction levee by a 
State, local, or tribal government on covered hazard mitigation land if 
the Administrator and the Chief of Engineers determine, through a 
process established by the Administrator and Chief of Engineers and 
funded entirely by the State, local, or tribal government seeking to 
construct the proposed levee, that--
            (1) construction of the proposed permanent flood risk 
        reduction levee would more effectively mitigate against 
        flooding risk than an open floodplain or other flood risk 
        reduction measures;
            (2) the proposed permanent flood risk reduction levee 
        complies with Federal, State, and local requirements, including 
        mitigation of adverse impacts and implementation of floodplain 
        management requirements, which shall include an evaluation of 
        whether the construction, operation, and maintenance of the 
        proposed levee would continue to meet best available industry 
        standards and practices, would be the most cost-effective 
        measure to protect against the assessed flood risk and 
        minimizes future costs to the federal government;
            (3) the State, local, or tribal government seeking to 
        construct the proposed levee has provided an adequate 
        maintenance plan that documents the procedures the State, 
        local, or tribal government will use to ensure that the 
        stability, height, and overall integrity of the proposed levee 
        and the structure and systems of the proposed levee are 
        maintained, including--
                    (A) specifying the maintenance activities to be 
                performed;
                    (B) specifying the frequency with which maintenance 
                activities will be performed;
                    (C) specifying the person responsible for 
                performing each maintenance activity (by name or 
                title);
                    (D) detailing the plan for financing the 
                maintenance of the levee; and
                    (E) documenting the ability of the State, local, or 
                tribal government to finance the maintenance of the 
                levee.
    (c) Maintenance Certification.--
            (1) In general.--A State, local, or tribal government that 
        constructs a permanent flood risk reduction levee under 
        subsection (b) shall submit to the Administrator and the Chief 
        of Engineers an annual certification indicating whether the 
        State, local, or tribal government is in compliance with the 
        maintenance plan provided under subsection (b)(3).
            (2) Review.--The Chief of Engineers shall review a 
        certification submitted under paragraph (1) and determine 
        whether the State, local, or tribal government has complied 
        with the maintenance plan.
                                 <all>
```