I 
109TH CONGRESS 
1ST SESSION H. R. 4650 
To direct the Secretary of the Army to carry out programs and activities 
to enhance the safety of levees in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 22, 2005 
Mr. DUNCAN (for himself, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 
YOUNG of Alaska, Mr. OBERSTAR, Mr. BOUSTANY, Mr. BAKER, and Mr. 
MELANCON) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
A BILL 
To direct the Secretary of the Army to carry out programs 
and activities to enhance the safety of levees in the 
United States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Levee Safety 
Program Act of 2005’’. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply:
(1) BOARD.—The term ‘‘Board’’ means the Na-
tional Levee Safety Review Board established under 
section 6(a). 
(2) 
COMMITTEE.—The 
term 
‘‘Committee’’ 
means the Interagency Committee on Levee Safety 
established under section 5(a). 
(3) LEVEE.— 
(A) IN
GENERAL.—The term ‘‘levee’’ 
means an embankment (including floodwalls)— 
(i) the primary purpose of which is to 
provide hurricane and flood protection re-
lating to seasonal high water and storm 
surges; and 
(ii) that normally is subject to water 
loading for only a few days or weeks dur-
ing a year. 
(B) INCLUSION.—The term ‘‘levee’’ in-
cludes structures along drainage canals that are 
subject to more frequent water loadings but 
that do not constitute a barrier across a water-
course. 
(4) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means a Federal agency that designs, fi-
nances, constructs, owns, operates, maintains, or
regulates the construction, operation, or mainte-
nance of a levee. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army, acting through the Chief 
of Engineers. 
(6) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
and 
(D) any other territory or possession of the 
United States. 
(7) STATE LEVEE SAFETY AGENCY.—The term 
‘‘State levee safety agency’’ means the State agency 
that has regulatory authority over the safety of any 
non-Federal levee in a State. 
(8) 
UNITED
STATES.—The 
term 
‘‘United 
States’’, when used in a geographical sense, means 
all of the States. 
SEC. 3. INSPECTION OF LEVEES. 
(a) IN GENERAL.—The Secretary shall carry out a 
program under which, as soon as practicable after the date 
of enactment of this Act, the Secretary shall inspect levees 
in the United States for the purpose of protecting human 
life and property.
(b) LEVEES TO BE INSPECTED.— 
(1) IN GENERAL.—In carrying out the program 
under subsection (a), the Secretary shall inspect— 
(A) each levee in the United States con-
structed by the Secretary; 
(B) each levee in the United States main-
tained by the Secretary; and 
(C) each levee located in a State identified 
by the Governor of the State in a list trans-
mitted to the Secretary. 
(2) EXCEPTIONS.—Notwithstanding paragraph 
(1), in carrying out the program under subsection 
(a), the Secretary shall not be required to inspect— 
(A) any levee that has been inspected by a 
State levee safety agency during the 1-year pe-
riod immediately preceding the date of enact-
ment of this Act, if the Governor of the State 
requests an exception; and 
(B) any levee that the Secretary deter-
mines would not pose a significant threat to 
human life or property in case of failure. 
(c) STATE PARTICIPATION.—On request of a State 
levee safety agency, with respect to any levee the failure 
of which would affect the State, the head of a Federal 
agency shall—
(1) provide information to the State levee safety 
agency relating to the construction, operation, or 
maintenance of the levee; and 
(2) allow an official of the State levee safety 
agency to participate in the inspection of the levee. 
(d) DETERMINATION.— 
(1) INSPECTION REQUIREMENTS.—For the pur-
pose of determining whether the failure a levee, in-
cluding the release of any water constrained by the 
levee, constitutes a danger to human life or prop-
erty, the Secretary shall take into consideration the 
possibility that the levee may be in danger of failing 
due to disparities in floodwall height or construction 
materials, overtopping due to storm surges, seepage, 
settlement, piping or internal erosion, sediment, 
cracking, earth movement, earthquakes, hurricanes, 
the failure of bulkheads or sheet walls, flashboards, 
gates or conduits, or other conditions that exist or 
may occur in any area in the vicinity of the levee. 
(2) PREVIOUSLY-INSPECTED LEVEES.—For any 
levee with respect to which the Secretary made any 
determination regarding the safety of the levee be-
fore the date of the inspection of the levee under this 
section, the Secretary shall review the determination,
taking into consideration information most recently 
available to the Secretary relating to— 
(A) the likelihood that a storm surge would 
exceed the designed level of protection of the 
levee; and 
(B) the effect of wetlands erosion, subsid-
ence, or any other natural process on the vul-
nerability of the area surrounding the levee to 
flooding or an extreme weather event. 
(e) INSPECTION RESULTS.— 
(1) NOTICE
TO
STATES.—As soon as prac-
ticable after the inspection of a levee, the Secretary 
shall notify the Governor of the State in which such 
levee is located of the results of the inspection. 
(2) HAZARDOUS CONDITIONS.— 
(A) ENGINEERING STUDIES.—In any case 
in which a hazardous condition is found during 
an inspection of a levee, the Secretary may per-
form, upon request of the owner of the levee, 
detailed engineering studies to determine the 
structural integrity of the levee, subject to reim-
bursement of such expense by the owner. 
(B) NOTICE AND REMEDIAL MEASURES.— 
The Secretary shall—
(i) immediately notify the Governor of 
a State of a hazardous condition found 
during an inspection of a levee located in 
the State under subparagraph (A); and 
(ii) provide to the Governor, upon re-
quest, advice relating to timely remedial 
measures necessary to mitigate or obviate 
the hazardous condition. 
(f) PRIORITY LIST.— 
(1) IN GENERAL.—Not later than August 1 of 
each year, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on En-
vironment and Public Works of the Senate a priority 
list of flood damage reduction studies and projects 
that constitutes a ranking of studies and projects 
that should be carried out, taking into consideration 
the results of any inspection under this section. 
(2) CONSIDERATIONS.—In establishing the pri-
ority list under paragraph (1), the Secretary shall 
consider— 
(A) the potential risk to human life or the 
environment if a study or project to address po-
tential flood damage is not carried out;
(B) the benefits of protecting critical infra-
structure and population centers; and 
(C) the implementation of Federal guide-
lines relating to levee safety. 
SEC. 4. NATIONAL LEVEE INVENTORY. 
The Secretary may maintain and periodically publish 
an inventory of levees in the United States, including the 
results of any levee inspection conducted under section 3. 
SEC. 5. INTERAGENCY COMMITTEE ON LEVEE SAFETY. 
(a) ESTABLISHMENT.—There is established a com-
mittee to be known as the ‘‘Interagency Committee on 
Levee Safety’’. 
(b) MEMBERSHIP.—The Committee shall be com-
posed of 4 members as follows: 
(1) The Secretary (or the Secretary’s designee), 
who shall serve as the chairperson of the Committee. 
(2) The Secretary of Agriculture (or the Sec-
retary’s designee). 
(3) The Secretary of the Interior (or the Sec-
retary’s designee). 
(4) The Director of the Federal Emergency 
Management Agency (or the Director’s designee). 
(c) DUTIES.—The Committee shall support the es-
tablishment and maintenance of effective Federal pro-
grams, policies, and guidelines to enhance levee safety for
the protection of human life and property through coordi-
nation and information exchange among Federal agencies 
concerning the implementation of Federal guidelines relat-
ing to levee safety. 
SEC. 6. NATIONAL LEVEE SAFETY REVIEW BOARD. 
(a) ESTABLISHMENT.—The Secretary shall establish 
an advisory board, to be known as the ‘‘National Levee 
Safety Review Board’’, to— 
(1) monitor the safety of levees in the United 
States; 
(2) monitor the implementation of this Act by 
State levee safety agencies; and 
(3) advise the Secretary on policy relating to 
national levee safety. 
(b) MEMBERSHIP.— 
(1) VOTING
MEMBERS.—The Board shall be 
composed of 10 voting members as follows: 
(A) The Secretary (or the Secretary’s des-
ignee), who shall serve as the chairperson of the 
Board. 
(B) The Secretary of Agriculture (or the 
Secretary’s designee). 
(C) The Secretary of the Interior (or the 
Secretary’s designee).
(D) The Administrator of the Environ-
mental Protection Agency (or the Administra-
tor’s designee). 
(E) The Director of the Federal Emer-
gency Management Agency (or the Director’s 
designee). 
(F) 4 representatives of State levee safety 
agencies, to be appointed by the Secretary. 
(G) 1 representative of the private sector 
who has expertise in levee safety, to be ap-
pointed by the Secretary. 
(2) NONVOTING MEMBERS.—The Secretary, in 
consultation with the voting members of the Board, 
may invite to participate in meetings of the Board 
as a nonvoting member— 
(A) a representative of the National Lab-
oratories; 
(B) a representative of any Federal or 
State agency; or 
(C) a levee safety expert. 
(c) DUTIES.— 
(1) IN GENERAL.—The Board shall support the 
establishment and maintenance of effective pro-
grams, policies, and guidelines to enhance levee safe-
ty for the protection of human life and property 
throughout the United States. 
(2) COORDINATION
AND
INFORMATION
EX-
CHANGE AMONG AGENCIES.—In carrying out para-
graph (1), the Board shall support coordination and 
information exchange among Federal agencies and 
State levee safety agencies that share common prob-
lems and responsibilities relating to levee safety, in-
cluding planning, design, construction, operation, 
emergency action planning, inspections, mainte-
nance, regulation or licensing, technical or financial 
assistance, research, and data management. 
(d) CONTRACTS.—The Board may use the expertise 
of Federal agencies and request the Secretary to enter into 
contracts for necessary studies to carry out this section. 
(e) WORKING GROUPS.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Board, may establish working groups 
to assist the Board in carrying out this section. 
(2) MEMBERSHIP.—A working group under 
paragraph (1) shall be composed of— 
(A) members of the Board; and 
(B) any other individual, as the Secretary 
determines to be appropriate. 
(f) COMPENSATION OF MEMBERS.—
(1) FEDERAL EMPLOYEES.—A member of the 
Board who is an officer or employee of the United 
States shall serve without compensation in addition 
to compensation received for the services of the 
member as an officer or employee of the United 
States. 
(2) OTHER MEMBERS.—A member of the Board 
who is not an officer or employee of the United 
States shall serve without compensation. 
(g) TRAVEL EXPENSES.— 
(1) REPRESENTATIVES
OF
FEDERAL
AGEN-
CIES.—To the extent amounts are made available in 
advance in appropriations Acts, a member of the 
Board who represents a Federal agency shall be re-
imbursed for travel expenses by the agency of the 
member, including per diem in lieu of subsistence, at 
rates authorized for an employee of an agency under 
subchapter I of chapter 57 of title 5, United States 
Code, while away from home or regular place of 
business of the member in the performance of serv-
ices for the Board. 
(2) 
OTHER
INDIVIDUALS.—To 
the 
extent 
amounts are made available in advance in appropria-
tions Acts, a member of the Board who represents 
a State levee safety agency, a member of the Board
who represents the private sector, and a member of 
a working group created under subsection (e) shall 
be reimbursed for travel expenses by the Secretary, 
including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under sub-
chapter 1 of chapter 57 of title 5, United States 
Code, while away from home or regular place of 
business of the member in performance of services 
for the Board. 
(h) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Board. 
SEC. 7. NATIONAL LEVEE SAFETY PROGRAM. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Committee, the Board, and State levee safety 
agencies, shall establish and maintain a national levee 
safety program. 
(b) PURPOSES.—The purposes of the program under 
this section are— 
(1) to ensure that new and existing levees are 
safe through the development of technologically and 
economically feasible programs and procedures for 
hazard reduction relating to levees; 
(2) to encourage acceptable engineering policies 
and procedures to be used for levee site investiga-
tion, design, construction, operation and mainte-
nance, and emergency preparedness; 
(3) to encourage the establishment and imple-
mentation of effective levee safety programs in each 
State based on State standards; 
(4) to develop and support public education and 
awareness projects to increase public acceptance and 
support of State levee safety programs; 
(5) to develop technical assistance materials for 
Federal and State levee safety programs; 
(6) to develop methods of providing technical 
assistance relating to levee safety to non-Federal en-
tities; and 
(7) to develop technical assistance materials, 
seminars, and guidelines to improve the security of 
levees in the United States. 
(c) STRATEGIC PLAN.—In carrying out the program 
under this section, the Secretary shall— 
(1) prepare a strategic plan to achieve the pur-
poses of the program under this section; and 
(2) not later than 120 days after the date of 
enactment of this Act, transmit the plan to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on En-
vironment and Public Works of the Senate.
(d) FEDERAL GUIDELINES.— 
(1) IN GENERAL.—In carrying out the program 
under this section, the Secretary, in consultation 
with the Board, shall establish Federal guidelines re-
lating to levee safety. 
(2) INCORPORATION
OF
FEDERAL
ACTIVI-
TIES.—The Federal guidelines under paragraph (1) 
shall incorporate, to the maximum extent prac-
ticable, activities and practices carried out by a Fed-
eral agency as of the date on which the guidelines 
are established. 
(3) INCORPORATION OF STATE AND LOCAL AC-
TIVITIES.—The program under this section shall in-
corporate, to the maximum extent practicable— 
(A) the activities and practices carried out 
by States, local governments, and the private 
sector to safely build, regulate, operate, and 
maintain levees; and 
(B) Federal activities that foster State ef-
forts to develop and implement effective pro-
grams for the safety of levees. 
(e) ASSISTANCE FOR STATE LEVEE SAFETY PRO-
GRAMS.— 
(1) IN GENERAL.—To encourage the establish-
ment and maintenance of effective State programs
intended to ensure levee safety, to protect human 
life and public property, and to improve State levee 
safety programs, the Secretary shall provide assist-
ance, using amounts made to carry out this Act, to 
assist States in establishing and carrying out levee 
safety programs. 
(2) CRITERIA.—To be eligible for assistance 
under this subsection, a State shall have in effect a 
State levee safety program under which the State 
levee safety agency shall, in accordance with State 
law— 
(A) review and approve plans and speci-
fications to construct, enlarge, modify, remove, 
and abandon levees; 
(B) perform periodic inspections during 
levee construction to ensure compliance with 
approved plans and specifications; 
(C) require or perform the inspection, at 
least once every 5 years, of all levees that would 
pose a significant threat to human life and pub-
lic property in case of failure to determine the 
continued safety of the levees and a procedure 
for more detailed and frequent safety inspec-
tions;
(D) require that all inspections of levees be 
performed under the supervision of a State-reg-
istered professional engineer with related expe-
rience in levee design and construction; 
(E) issue notices, when appropriate, to re-
quire owners of levees to perform necessary 
maintenance or remedial work, improve secu-
rity, revise operating procedures, or take other 
actions, including breaching levees when nec-
essary; 
(F) provide necessary funds— 
(i) to ensure timely repairs or other 
changes to, or removal of, a levee in order 
to protect human life and public property; 
and 
(ii) if the owner of the levee does not 
take an action described in clause (i), to 
take appropriate action as expeditiously as 
practicable; 
(G) establish a system of emergency proce-
dures to be used if a levee fails or if the failure 
of a levee is imminent; 
(H) identify—
(i) each levee the failure of which 
could be reasonably expected to endanger 
human life; 
(ii) the maximum area that could be 
flooded if the levee failed; and 
(iii) necessary public facilities that 
would be affected by the flooding; and 
(I) issue regulations to carry out the pro-
gram. 
(3) BUDGETING REQUIREMENT.—To be eligible 
for assistance under this subsection, a State shall al-
locate sufficient funds in its budget to carry out a 
State levee safety program. 
(4) WORK PLANS.—The Secretary shall enter 
into an agreement with each State receiving assist-
ance under this subsection to develop a work plan 
necessary for the State levee safety program to 
reach a level of program performance specified in 
the agreement. 
(5) MAINTENANCE
OF
EFFORT.—Assistance 
may not be provided to a State under this subsection 
for a fiscal year unless the State enters into such 
agreement with the Secretary as the Secretary re-
quires to ensure that the State will maintain the ag-
gregate expenditures of the State from all other
sources for programs to ensure levee safety for the 
protection of human life and property at or above a 
level equal to the average annual level of such ex-
penditures for the 2 fiscal years preceding the fiscal 
year. 
(6) APPROVAL OF PROGRAMS.— 
(A) SUBMISSION.—To be eligible for as-
sistance under this subsection, a State shall 
submit to the Secretary a State levee safety 
program and receive the Secretary’s approval of 
the program. 
(B) APPROVAL.— 
(i) IN GENERAL.—If the Secretary de-
termines that a program submitted by a 
State under subparagraph (A) substan-
tially meets the requirements of this sub-
section, the Secretary shall approve the 
program and immediately notify the State 
in writing of the approval. 
(ii) DEEMED APPROVAL.—A program 
submitted by a State under subparagraph 
(A) shall be deemed to be approved by the 
Secretary on the 120th day following the 
date of the Secretary’s receipt of the pro-
gram unless the Secretary before such
120th day approves or disapproves the pro-
gram. 
(C) NOTIFICATION
OF
DISAPPROVAL.—If 
the Secretary determines that a program sub-
mitted by a State under subparagraph (A) does 
not substantially meet the requirements of this 
subsection, the Secretary shall disapprove the 
program, immediately notify the State in writ-
ing of the disapproval, and provide the reasons 
for the disapproval and the changes that are 
necessary for the program to be approved. 
(7) REVIEWS OF STATE LEVEE SAFETY PRO-
GRAMS.— 
(A) PERIODIC REVIEWS.—Using the exper-
tise of the Board, the Secretary shall periodi-
cally review State levee safety programs. 
(B) 
REVOCATION
OF
PROGRAM
AP-
PROVAL.—If the Board finds that a State levee 
safety program has proven inadequate to rea-
sonably protect human life and public property 
and the Secretary concurs, the Secretary shall 
revoke approval of the State levee safety pro-
gram, and withhold assistance under this sub-
section, until the State levee safety program
again substantially meets the requirements for 
approval. 
(f) REPORT.—Not later than January 1, 2007, and 
every 2 years thereafter, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate a report describ-
ing— 
(1) the status of the program under this sec-
tion; 
(2) the progress made by Federal agencies dur-
ing the 2 preceding fiscal years in implementing 
Federal guidelines for levee safety; 
(3) the progress made by State levee safety 
agencies participating in the program; and 
(4) recommendations for legislative or other ac-
tion that the Secretary considers to be necessary, if 
any. 
SEC. 8. RESEARCH PROGRAM. 
(a) IN GENERAL.—The Secretary, in cooperation 
with the Board, shall carry out a program of technical and 
archival research to develop and support— 
(1) improved techniques, historical experience, 
and equipment for rapid and effective levee construc-
tion, rehabilitation, and inspection;
(2) the development of devices for the continued 
monitoring of levee safety; 
(3) the development and maintenance of infor-
mation resources systems required to manage levee 
safety projects; and 
(4) public policy initiatives and other improve-
ments relating to levee safety engineering, security, 
and management. 
(b) PARTICIPATION BY STATE LEVEE SAFETY AGEN-
CIES.—In carrying out the program under subsection (a), 
the Secretary shall— 
(1) solicit participation from State levee safety 
agencies; and 
(2) periodically update State levee safety agen-
cies, the Committee on Transportation and Infra-
structure of the House of Representatives, and the 
Committee on Environment and Public Works of the 
Senate on the status of the program. 
SEC. 9. LEVEE SAFETY TRAINING PROGRAM. 
The Secretary shall establish a program under which 
the Secretary shall provide, upon request of a State that 
has (or intends to develop) a State levee safety program, 
training for State levee safety agency staff and inspectors. 
SEC. 10. EFFECT OF ACT. 
Nothing in this Act—
(1) creates any liability of the United States or 
its officers or employees for the recovery of damages 
caused by an action or failure to act; or 
(2) relieves an owner or operator of a levee of 
a legal duty, obligation, or liability incident to the 
ownership or operation of a levee. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary to carry out this Act $10,000,000 for each of fiscal 
years 2007 through 2012. Such sums shall remain avail-
able until expended. 
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