I 

113TH CONGRESS 

1ST SESSION H. R. 399 

To direct the Secretary of the Army to undertake a comprehensive review 

of the Corps of Engineers policy guidelines on vegetation management 

for levees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 2013 

Ms. MATSUI (for herself, Mr. GARAMENDI, Mr. GEORGE MILLER of California, 

Mr. GARY G. MILLER of California, Mr. CA ́RDENAS, Mr. THOMPSON of 

California, Ms. LOFGREN, Mr. COSTA, Mrs. NAPOLITANO, Mrs. CAPPS, 

Ms. ESHOO, Mr. HONDA, Ms. LINDA T. SA ́NCHEZ of California, Ms. LORETTA SANCHEZ of California, Mr. FARR, Ms. LEE of California, Mrs. 

NEGRETE MCLEOD, Ms. ROYBAL-ALLARD, Mrs. DAVIS of California, Ms. 

BASS, Mr. WAXMAN, Ms. HAHN, Ms. CHU, Mr. BERA of California, Mr. 

MCNERNEY, and Mr. CALVERT) introduced the following bill; which was 

referred to the Committee on Transportation and Infrastructure 

A BILL 

To direct the Secretary of the Army to undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees, 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 ‘‘Levee Vegetation Re5 view Act of 2013’’. 


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1 SEC. 2. FLOOD CONTROL POLICY. 

2 (a) REVIEW.—In order to determine whether current 

3 Federal policy relating to levee vegetation is appropriate 

4 for all regions of the United States, the Secretary of the 

5 Army shall undertake a comprehensive review of the Corps 

6 of Engineers policy guidelines on vegetation management 

7 for levees (in this section referred to as the ‘‘guidelines’’). 

8 The Secretary shall commence the review not later than 

9 6 months after the date of enactment of this Act. 

10 (b) FACTORS.— 

11 (1) IN GENERAL.—In conducting the review, 

12 the Secretary shall examine the guidelines in view 

13 of— 

14 (A) the varied interests and responsibilities 

15 in managing flood risks, including the need to 

16 provide the greatest levee safety benefit with 

17 limited resources; 

18 (B) preserving, protecting, and enhancing 

19 natural resources, including the potential ben20 efit that vegetation on levees can have in pro21 viding habitat for species of concern; 

22 (C) protecting the rights of Native Ameri23 cans pursuant to treaties and statutes; and 

24 (D) such other factors as the Secretary 

25 considers appropriate. 


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1 (2) REGIONAL AND WATERSHED CONSIDER2 ATIONS.—In conducting the review, the Secretary 

3 shall specifically consider factors that promote and 

4 allow for consideration of potential variances from 

5 national guidelines on a regional or watershed basis. 

6 Such factors may include regional or watershed soil 

7 conditions, hydrologic factors, vegetation patterns 

8 and characteristics, environmental resources, levee 

9 performance history, institutional considerations, 

10 and other relevant factors. The scope of a variance 

11 approved by the Secretary may include an exemption 

12 to national guidelines where appropriate. 

13 (c) COOPERATION AND CONSULTATION; REC14 OMMENDATIONS.— 

15 (1) IN GENERAL.—The review shall be under16 taken in cooperation with interested Federal agen17 cies and in consultation with interested representa18 tives of State and local governments, Native Amer19 ican Indian tribes, appropriate nongovernmental or20 ganizations, and the public. 

21 (2) RECOMMENDATIONS.—Corps of Engineers 

22 Regional Integration Teams, representing districts, 

23 divisions, and headquarters, in consultation with 

24 State and Federal resources agencies, and with par25 ticipation by local agencies, shall recommend to the 


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1 Chief of Engineers vegetation management policies 

2 for levees that conform with State and Federal laws 

3 and other applicable requirements. 

4 (d) PEER REVIEW.— 

5 (1) VIEWS OF NATIONAL ACADEMY OF ENGI6 NEERING.—As part of the review, the Secretary 

7 shall solicit and consider the views of the National 

8 Academy of Engineering on the engineering, envi9 ronmental, and institutional considerations under10 lying the guidelines. 

11 (2) AVAILABILITY OF VIEWS.—The views of the 

12 National Academy of Engineering obtained under 

13 paragraph (1) shall be— 

14 (A) made available to the public; and 

15 (B) included in supporting materials issued 

16 in connection with the revised guidelines re17 quired under subsection (e). 

18 (e) REVISION OF GUIDELINES.— 

19 (1) IN GENERAL.—Not later than 2 years after 

20 the date of enactment of this Act, the Secretary 

21 shall— 

22 (A) revise the guidelines based on the re23 sults of the review, including the results of the 

24 peer review conducted under subsection (d); and 


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1 (B) submit to Congress a report that con2 tains a summary of the activities of the Sec3 retary and a description of the findings of the 

4 Secretary under this section. 

5 (2) CONTENT; INCORPORATION INTO MAN6 UAL.—The revised guidelines shall— 

7 (A) provide a practical process for approv8 ing regional or watershed variances from the 

9 national guidelines, reflecting due consideration 

10 of measures to maximize public safety benefits 

11 with limited resources, regional climatic vari12 ations, environmental quality, implementation 

13 challenges, and allocation of responsibilities; 

14 and 

15 (B) be incorporated into the manual pro16 posed under section 5(c) of the Act entitled ‘‘An 

17 Act authorizing the construction of certain pub18 lic works on rivers and harbors for flood con19 trol, and for other purposes’’, approved August 

20 18, 1941 (33 U.S.C. 701n(c)). 

21 (f) CONTINUATION OF WORK.—Concurrent with 

22 completion of the requirements of this section, the Sec23 retary shall proceed without interruption or delay with 

24 those ongoing or programmed projects and studies, or eleVerDate Mar 15 2010 23:33 Jan 29, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399

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1 ments of projects or studies, that are not directly related 

2 to vegetation variance policy. 

Æ 


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