I 

112TH CONGRESS 

1ST SESSION H. R. 3251 

To ensure that Federal assistance provided under the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act for the construction of 

certain emergency levees is not conditioned on the subsequent dismantlement of those levees, except as provided for in a status certificate, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 24, 2011 

Mr. KLINE (for himself, Mr. PETERSON, Mr. LONG, and Mr. BOSWELL) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To ensure that Federal assistance provided under the Robert 

T. Stafford Disaster Relief and Emergency Assistance 

Act for the construction of certain emergency levees is 

not conditioned on the subsequent dismantlement of 

those levees, except as provided for in a status certificate, 

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, 


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1 SECTION 1. ASSISTANCE FOR CERTAIN EMERGENCY LEV2 EES. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, Federal assistance provided under the Robert 

5 T. Stafford Disaster Relief and Emergency Assistance Act 

6 (42 U.S.C. 5121 et seq.), if for the construction of a cov7 ered levee, may not be conditioned on the dismantlement 

8 of the covered levee, except as provided for in a status 

9 certificate. 

10 (b) PROVISION OF STATUS CERTIFICATES.—The 

11 Secretary of the Army, acting through the Chief of Engi12 neers, shall provide a status certificate for each covered 

13 levee constructed with Federal assistance provided under 

14 the Robert T. Stafford Disaster Relief and Emergency As15 sistance Act (42 U.S.C. 5121 et seq.). 

16 (c) DEFINITIONS.—In this section, the following defi17 nitions apply: 

18 (1) COVERED LEVEE.—The term ‘‘covered 

19 levee’’ means a levee or similar structure con20 structed— 

21 (A) in response to a major disaster or 

22 emergency; and 

23 (B) in an area in which at least 1 other 

24 levee or similar structure was constructed in re25 sponse to a major disaster or emergency, and 

26 subsequently dismantled, during the 10-year peVerDate Mar 15 2010 00:58 Oct 25, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3251.IH H3251

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1 riod preceding the date on which the President 

2 declares the major disaster or emergency appli3 cable for purposes of subparagraph (A). 

4 (2) MAJOR DISASTER OR EMERGENCY.—The 

5 term ‘‘major disaster or emergency’’ means a major 

6 disaster or emergency declared to exist by the Presi7 dent under section 401 of the Robert T. Stafford 

8 Disaster Relief and Emergency Assistance Act (42 

9 U.S.C. 5170). 

10 (3) STATUS CERTIFICATE.—The term ‘‘status 

11 certificate’’ means a written determination by the 

12 Secretary of the Army, acting through the Chief of 

13 Engineers, that a levee or similar structure— 

14 (A) is either— 

15 (i) constructed in a manner that satis16 fies standards applicable to a permanent 

17 levee or similar structure; 

18 (ii) not constructed in a manner that 

19 satisfies standards described in clause (i), 

20 but there is an adequate plan for improve21 ments to ensure that such standards will 

22 be satisfied; or 

23 (iii) not constructed in a manner that 

24 satisfies standards described in clause (i) 

25 and there is no adequate plan for improveVerDate Mar 15 2010 00:58 Oct 25, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3251.IH H3251

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1 ments to ensure that such standards will 

2 be satisfied; and 

3 (B) may safely remain in place— 

4 (i) subject to conditions specified; and 

5 (ii) for a period of time specified. 

Æ 


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