and environmentally feasible programs and proce-
dures for hazard reduction and mitigation relating to 
levees; 
(2) to encourage acceptable engineering policies 
and procedures to be used for levee site investigation, 
design, construction, operation and maintenance, and 
emergency preparedness; 
(3) to encourage the establishment and imple-
mentation of effective levee safety programs in each 
State; 
(4) to develop and support public education and 
awareness projects to increase public acceptance and 
support of State levee safety programs; 
(5) to build public awareness of the residual 
risks associated with living in levee protected areas; 
(6) to develop technical assistance materials for 
Federal and State levee safety programs; 
(7) to develop methods of providing technical as-
sistance relating to levee safety to non-Federal enti-
ties; and 
(8) 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— 
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(1) prepare a strategic plan to achieve the pur-
poses of the program under this section; and 
(2) transmit, not later than 120 days after the 
date of enactment of this Act, the plan to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Envi-
ronment 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 Committee, shall establish Federal guidelines re-
lating to levee safety. 
(2) INCORPORATION OF FEDERAL ACTIVITIES.— 
The Federal guidelines under paragraph (1) shall in-
corporate, to the maximum extent practicable, activi-
ties and practices carried out by a Federal entity 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 sec-
tor to safely build, regulate, operate, and main-
tain levees; and 
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(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 in-
tended to ensure levee safety to protect human life 
and property and to improve State levee safety pro-
grams, the Secretary shall provide assistance, using 
amounts made available to carry out this Act, to as-
sist States in establishing and carrying out levee safe-
ty programs. 
(2) CRITERIA.—To be eligible for assistance 
under this subsection, a State shall be in the process 
of establishing or have in effect a State levee safety 
program under which the State levee safety agency, in 
accordance with State law, shall— 
(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 ap-
proved plans and specifications; 
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(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 prop-
erty in case of failure to determine the continued 
safety of the levees and a procedure for more de-
tailed and frequent safety inspections; 
(D) require that all inspections of levees be 
performed under the supervision of a State-reg-
istered professional engineer with experience in 
levee design and construction; 
(E) issue notices, when appropriate, to re-
quire owners of levees to perform necessary 
maintenance or remedial work, improve security, 
revise operating procedures, or take other ac-
tions, including breaching levees when necessary; 
(F) provide necessary funds from State 
sources or by requiring levee owners to pay for 
timely repairs or other changes to, or removal of, 
a levee in order to protect human life and prop-
erty; 
(G) establish a system of emergency proce-
dures to be used by the State, or required to be 
used by levee owners, if a levee fails or the fail-
ure of a levee is imminent; 
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(H) identify and provide information to the 
Secretary on— 
(i) each levee the failure of which could 
be reasonably expected to endanger human 
life and property; 
(ii) the maximum area that could be 
flooded if the levee failed; and 
(iii) critical public facilities that 
would be affected by the flooding, including 
costs and consequences of the flooding; and 
(I) issue regulations necessary to carry out 
the program. 
(3) BUDGETING REQUIREMENT.—To be eligible 
for assistance under this subsection, a State shall allo-
cate 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 agree-
ment. 
(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 agree-
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ment with the Secretary as the Secretary requires to 
ensure that the State will maintain the aggregate ex-
penditures of the State from all other sources for pro-
grams 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 expenditures for the 
2 fiscal years preceding the fiscal year. 
(6) APPROVAL OF PROGRAMS.— 
(A) SUBMISSION.—To be eligible for assist-
ance under this subsection, a State shall submit 
to the Secretary a State levee safety program 
and receive the Secretary’s approval of the pro-
gram. 
(B) APPROVAL.— 
(i) IN GENERAL.—If the Secretary de-
termines that a program submitted by a 
State under subparagraph (A) substantially 
meets the requirements of this subsection, 
the Secretary shall approve the program 
and immediately notify the State in writ-
ing 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 
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date of the Secretary’s receipt of the pro-
gram unless the Secretary before such 120th 
day approves or disapproves the program. 
(C) NOTIFICATION OF DISAPPROVAL.—If the 
Secretary determines that a program submitted 
by a State under subparagraph (A) does not sub-
stantially meet the requirements of this sub-
section, the Secretary shall disapprove the pro-
gram, immediately notify the State in writing 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.—The Secretary 
shall periodically review State levee safety pro-
grams. 
(B) REVOCATION OF PROGRAM APPROVAL.— 
If the Secretary finds that a State levee safety 
program has proven inadequate to reasonably 
protect human life and property, the Secretary 
shall revoke approval of the State levee safety 
program, and withhold assistance under this 
subsection, until the State levee safety program 
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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 describing— 
(1) the status of the program under this section; 
(2) the progress made by Federal entities during 
the 2 preceding fiscal years in implementing Federal 
guidelines relating to levee safety; 
(3) the progress made by State levee safety agen-
cies participating in the program; and 
(4) recommendations for legislative or other ac-
tion that the Secretary considers to be necessary, if 
any. 
SEC. 6. RESEARCH PROGRAM. 
(a) IN GENERAL.—The Secretary, in cooperation with 
the Committee, 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, maintenance, rehabilitation, and inspection; 
(2) the development of devices for the continued 
monitoring of levee safety; 
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(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. 7. LEVEE SAFETY TRAINING PROGRAM. 
Upon request of a State that has (or intends to de-
velop) a State levee safety program, the Secretary shall es-
tablish a program under which the Secretary shall provide 
training for State levee safety agency staff. 
SEC. 8. EFFECT OF ACT. 
Nothing in this Act— 
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(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. 9. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Secretary 
to carry out this Act $15,000,000 for each of fiscal years 
2007 through 2012. Such sums shall remain available until 
expended. 
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Union Calendar No. 350 
109TH CONGRESS 
2D SESSION 
H. R. 4650 
[Report No. 109–609] 
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. 
JULY 28, 2006 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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