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 

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 

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

9 means land— 


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1 (A) acquired and deed restricted under sec2 tion 404(b) of the Robert T. Stafford Disaster 

3 Relief and Emergency Assistance Act (42 

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

5 of enactment of this Act; and 

6 (B) that is located— 

7 (i) in North Dakota; and 

8 (ii) in a community that— 

9 (I) is participating in the Na10 tional Flood Insurance Program on 

11 the date on which a State, local, or 

12 tribal government submits an applica13 tion requesting to construct a perma14 nent flood risk reduction levee under 

15 subsection (b); and 

16 (II) certifies to the Administrator 

17 and the Chief of Engineers that the 

18 community will continue to participate 

19 in the National Flood Insurance Pro20 gram. 

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

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

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

24 5170c(b)(2)(B)), the Administrator shall approve the con25 struction of a permanent flood risk reduction levee by a 


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1 State, local, or tribal government on covered hazard miti2 gation land if the Administrator and the Chief of Engi3 neers determine, through a process established by the Ad4 ministrator and Chief of Engineers, that— 

5 (1) construction of the proposed permanent 

6 flood risk reduction levee would more effectively 

7 mitigate against flooding risk than an open flood8 plain; 

9 (2) the proposed permanent flood risk reduction 

10 levee complies with Federal, State, and local require11 ments, including the consideration of mitigation of 

12 adverse impacts and floodplain management require13 ments, which shall include an evaluation of whether 

14 the construction, operation, and maintenance of the 

15 proposed levee would continue to meet best available 

16 industry standards and practices and would protect 

17 against the assessed flood risk; and 

18 (3) the State, local, or tribal government seek19 ing to construct the proposed levee has provided an 

20 adequate maintenance plan that documents the pro21 cedures the State, local, or tribal government will 

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

23 integrity of the proposed levee and the structure and 

24 systems of the proposed levee are maintained, in25 cluding— 


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1 (A) specifying the maintenance activities to 

2 be performed; 

3 (B) specifying the frequency with which 

4 maintenance activities will be performed; 

5 (C) specifying the person responsible for 

6 performing each maintenance activity (by name 

7 or title); 

8 (D) detailing the plan for financing the 

9 maintenance of the levee; and 

10 (E) documenting the ability of the State, 

11 local, or tribal government to finance the main12 tenance of the levee. 

13 (c) MAINTENANCE CERTIFICATION.— 

14 (1) IN GENERAL.—A State, local, or tribal gov15 ernment that constructs a permanent flood risk re16 duction levee under subsection (b) shall submit to 

17 the Administrator and the Chief of Engineers an an18 nual certification indicating whether the State, local, 

19 or tribal government is in compliance with the main20 tenance plan provided under subsection (b)(3). 

21 (2) REVIEW.—The Chief of Engineers shall re22 view a certification submitted under paragraph (1) 

23 and determine whether the State, local, or tribal 

24 government has complied with the maintenance plan. 

Æ 


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