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would pose a risk of loss of human life or a risk to
the public safety.
(2) EXCEPTION.—The Secretary may exclude
from assessment under paragraph (1) any non-Fed-
eral levee the failure or overtopping of which would
not pose a risk of loss of human life or a risk to the
public safety.
(3) PRIORITIZATION.—In determining the order
in which to assess levees under paragraph (1), the
Secretary shall give priority to levees the failure or
overtopping of which would constitute the highest risk
of loss of human life or a risk to the public safety,
as determined by the Secretary.
(4) DETERMINATION.—In assessing levees under
paragraph (1), the Secretary shall take into consider-
ation the potential of a levee to fail or overtop because
of—
(A) hydrologic or hydraulic conditions;
(B) storm surges;
(C) geotechnical conditions;
(D) inadequate operating procedures;
(E) structural, mechanical, or design defi-
ciencies; or
(F) other conditions that exist or may occur
in the vicinity of the levee.
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(5) STATE
PARTICIPATION.—On request of a
State levee safety agency, with respect to any levee the
failure of which would affect the State, the Secretary
shall—
(A) provide information to the State levee
safety agency relating to the construction, oper-
ation, and maintenance of the levee; and
(B) allow an official of the State levee safe-
ty agency to participate in the assessment of the
levee.
(6) REPORT.—As soon as practicable after the
date on which a levee is assessed under this section,
the Secretary shall provide to the Governor of the
State in which the levee is located a notice describing
the results of the assessment, including—
(A) a description of the results of the assess-
ment under this subsection;
(B) a description of any hazardous condi-
tion discovered during the assessment; and
(C) on request of the Governor, information
relating to any remedial measure necessary to
mitigate or avoid any hazardous condition dis-
covered during the assessment.
(7) SUBSEQUENT ASSESSMENTS.—
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(A) IN GENERAL.—After the date on which
a levee is initially assessed under this subsection,
the Secretary shall conduct a subsequent assess-
ment of the levee not less frequently than once
every 5 years.
(B) STATE ASSESSMENT OF NON-FEDERAL
LEVEES.—
(i) IN
GENERAL.—Each State shall
conduct assessments of non-Federal levees
located within the State in accordance with
the applicable State levee safety program.
(ii) AVAILABILITY OF INFORMATION.—
Each State shall make the results of the as-
sessments under clause (i) available for in-
clusion in the national inventory under
subsection (f).
(iii) NON-FEDERAL LEVEES.—
(I) IN GENERAL.—On request of
the Governor of a State, the Secretary
may assess a non-Federal levee in the
State.
(II) COST.—The State shall pay
100 percent of the cost of an assessment
under subclause (I).
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(III) FUNDING.—The Secretary
may accept funds from any levee
owner for the purposes of conducting
engineering assessments to determine
the performance and structural integ-
rity of a levee.
(h) STATE LEVEE SAFETY PROGRAMS.—
(1) ASSISTANCE TO STATES.—In carrying out
the program under this section, the Secretary shall
provide funds to State levee safety agencies (or an-
other appropriate State agency, as designated by the
Governor of the State) to assist States in establishing,
maintaining, and improving levee safety programs.
(2) APPLICATION.—
(A) IN GENERAL.—To receive funds under
this subsection, a State levee safety agency shall
submit to the Secretary an application in such
time, in such manner, and containing such in-
formation as the Secretary may require.
(B) INCLUSION.—An application under sub-
paragraph (A) shall include an agreement be-
tween the State levee safety agency and the Sec-
retary under which the State levee safety agency
shall, in accordance with State law—
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(i) review and approve plans and spec-
ifications to construct, enlarge, modify, re-
move, or abandon a levee in the State;
(ii) perform periodic evaluations dur-
ing levee construction to ensure compliance
with the approved plans and specifications;
(iii) approve the construction of a levee
in the State before the date on which the
levee becomes operational;
(iv) assess, at least once every 5 years,
all levees and reservoirs in the State the
failure of which would cause a significant
risk of loss of human life or risk to the pub-
lic safety to determine whether the levees
and reservoirs are safe;
(v) establish a procedure for more de-
tailed and frequent safety evaluations;
(vi) ensure that assessments are led by
a State-registered professional engineer with
related experience in levee design and con-
struction;
(vii) issue notices, if necessary, to re-
quire owners of levees to perform necessary
maintenance or remedial work, improve se-
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curity, revise operating procedures, or take
other actions, including breaching levees;
(viii) contribute funds to—
(I) ensure timely repairs or other
changes to, or removal of, a levee in
order to reduce the risk of loss of
human life and the risk to public safe-
ty; and
(II) if the owner of a levee does
not take an action described in sub-
clause (I), take appropriate action as
expeditiously as practicable;
(ix) establish a system of emergency
procedures and emergency response plans to
be used if a levee fails or if the failure of
a levee is imminent;
(x) identify—
(I) each levee the failure of which
could be reasonably expected to endan-
ger human life;
(II) the maximum area that could
be flooded if a levee failed; and
(III) necessary public facilities
that would be affected by the flooding;
and