H. R. 3080—94 
(xi) other relevant factors identified in public com-
ments that the Secretary determines to be appropriate. 
(B) SCOPE.—The scope of a variance approved by the 
Secretary may include a complete exemption to guidelines, 
if appropriate. 
(d) COOPERATION AND CONSULTATION; RECOMMENDATIONS.— 
(1) IN GENERAL.—The Secretary shall carry out the review 
under this section in consultation with other applicable Federal 
agencies, representatives of State, regional, local, and tribal 
governments, appropriate nongovernmental organizations, and 
the public. 
(2) RECOMMENDATIONS.— 
(A) REGIONAL
INTEGRATION
TEAMS.—Corps of Engi-
neers Regional Integration Teams, representing districts, 
divisions, and headquarters, in consultation with State and 
Federal resource agencies, and with participation by local 
agencies, shall submit to the Secretary any recommenda-
tions for vegetation management policies for levees that 
conform with Federal and State laws and other applicable 
requirements, including recommendations relating to the 
review of guidelines under subsection (b) and the consider-
ation of variances under subsection (c)(2). 
(B) STATE, TRIBAL, REGIONAL, AND LOCAL ENTITIES.— 
The Secretary shall consider and accept recommendations 
from any State, tribal, regional, or local entity for vegeta-
tion management policies for levees that conform with Fed-
eral and State laws and other applicable requirements, 
including recommendations relating to the review of guide-
lines under subsection (b) and the consideration of 
variances under subsection (c)(2). 
(e) INDEPENDENT CONSULTATION.— 
(1) IN GENERAL.—As part of the review, the Secretary shall 
solicit and consider the views of independent experts on the 
engineering, environmental, and institutional considerations 
underlying the guidelines, including the factors described in 
subsection (c) and any information obtained by the Secretary 
under subsection (d). 
(2) AVAILABILITY OF VIEWS.—The views of the independent 
experts obtained under paragraph (1) shall be— 
(A) made available to the public; and 
(B) included in supporting materials issued in connec-
tion with the revised guidelines required under subsection 
(f). 
(f) REVISION OF GUIDELINES.— 
(1) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall— 
(A) revise the guidelines based on the results of the 
review, including— 
(i) recommendations received as part of the con-
sultation described in subsection (d)(1); and 
(ii) the views received under subsection (e); 
(B) provide the public not less than 30 days to review 
and comment on draft guidelines before issuing final guide-
lines; and 
(C) submit to Congress and make publicly available 
a report that contains a summary of the activities of the
H. R. 3080—95 
Secretary and a description of the findings of the Secretary 
under this section. 
(2) CONTENT; INCORPORATION INTO MANUAL.—The revised 
guidelines shall— 
(A) provide a practical, flexible process for approving 
Statewide, tribal, regional, or watershed variances from 
the guidelines that— 
(i) reflect due consideration of the factors described 
in subsection (c); and 
(ii) incorporate State, tribal, and regional vegeta-
tion management guidelines for specific areas that— 
(I) are consistent with the guidelines; and 
(II) have been adopted through a formal public 
process; and 
(B) be incorporated into the manual proposed under 
section 5(c) of the Act of August 18, 1941 (33 U.S.C. 
701n(c)). 
(3) FAILURE TO MEET DEADLINES.—If the Secretary fails 
to submit a report by the required deadline under this sub-
section, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of 
Representatives a detailed explanation of— 
(A) why the deadline was missed; 
(B) solutions needed to meet the deadline; and 
(C) a projected date for submission of the report. 
(g) INTERIM ACTIONS.— 
(1) IN
GENERAL.—Until the date on which revisions to 
the guidelines are adopted in accordance with subsection (f), 
the Secretary shall not require the removal of existing vegeta-
tion as a condition or requirement for any approval or funding 
of a project, or any other action, unless the specific vegetation 
has been demonstrated to present an unacceptable safety risk. 
(2) REVISIONS.—Beginning on the date on which the revi-
sions to the guidelines are adopted in accordance with sub-
section (f), the Secretary shall reconsider, on request of an 
affected entity, any previous action of the Corps of Engineers 
in which the outcome was affected by the former guidelines. 
SEC. 3014. LEVEE CERTIFICATIONS. 
(a) IMPLEMENTATION
OF
FLOOD
PROTECTION
STRUCTURE 
ACCREDITATION TASK FORCE.—In carrying out section 100226 of 
Public Law 112–141 (42 U.S.C. 4101 note; 126 Stat. 942), the 
Secretary shall— 
(1) ensure that at least 1 program activity carried out 
under the inspection of completed works program of the Corps 
of Engineers provides adequate information to the Secretary 
to reach a levee accreditation decision under section 65.10 
of title 44, Code of Federal Regulations (or successor regulation); 
and 
(2) to the maximum extent practicable, carry out activities 
under the inspection of completed works program of the Corps 
of Engineers in alignment with the schedule established for 
the national flood insurance program established under chapter 
1 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4011 et seq.). 
(b) ACCELERATED LEVEE SYSTEM EVALUATIONS.—
H. R. 3080—96 
(1) IN GENERAL.—On receipt of a request from a non-Fed-
eral interest, the Secretary may carry out a levee system 
evaluation of a federally authorized levee for purposes of the 
national flood insurance program established under chapter 
1 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4011 et seq.) if the evaluation will be carried out earlier than 
such an evaluation would be carried out under subsection (a). 
(2) REQUIREMENTS.—A levee system evaluation under para-
graph (1) shall— 
(A) at a minimum, comply with section 65.10 of title 
44, Code of Federal Regulations (as in effect on the date 
of enactment of this Act); and 
(B) be carried out in accordance with such procedures 
as the Secretary, in consultation with the Administrator 
of the Federal Emergency Management Agency, may estab-
lish. 
(3) FUNDING.— 
(A) IN
GENERAL.—The Secretary may use amounts 
made available under section 22 of the Water Resources 
Development Act of 1974 (42 U.S.C. 1962d–16) to carry 
out this subsection. 
(B) COST SHARE.—The Secretary shall apply the cost 
share under section 22(b) of the Water Resources Develop-
ment Act of 1974 (42 U.S.C. 1962d–16(b)) to any activities 
carried out under this subsection. 
SEC. 3015. PLANNING ASSISTANCE TO STATES. 
Section 22 of the Water Resources Development Act of 1974 
(42 U.S.C. 1962d–16) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘or other non-Federal interest 
working with a State’’ after ‘‘cooperate with any State’’; 
and 
(ii) by inserting ‘‘, including plans to comprehen-
sively address water resources challenges,’’ after ‘‘of 
such State’’; and 
(B) in paragraph (2)(A), by striking ‘‘, at Federal 
expense,’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘subsection (a)(1)’’ 
each place it appears and inserting ‘‘subsection (a)’’; 
(B) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and 
(C) by inserting after paragraph (1) the following: 
‘‘(2) CONTRIBUTED FUNDS.—The Secretary may accept and 
expend funds in excess of the fees established under paragraph 
(1) that are provided by a State or other non-Federal interest 
for assistance under this section.’’; and 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) 
by 
striking 
‘‘$10,000,000’’ 
and 
inserting 
‘‘$30,000,000’’; and 
(ii) 
by 
striking 
‘‘$2,000,000’’ 
and 
inserting 
‘‘$5,000,000 in Federal funds’’; and 
(B) in paragraph (2), by striking ‘‘$5,000,000’’ and 
inserting ‘‘$15,000,000’’.
H. R. 3080—97 
SEC. 3016. LEVEE SAFETY. 
(a) PURPOSES.—Section 9001 of the Water Resources Develop-
ment Act of 2007 (33 U.S.C. 3301 note) is amended— 
(1) in the section heading, by inserting ‘‘; PURPOSES’’ after 
‘‘TITLE’’; 
(2) by striking ‘‘This title’’ and inserting the following: 
‘‘(a) SHORT TITLE.—This title’’; and 
(3) by adding at the end the following: 
‘‘(b) PURPOSES.—The purposes of this title are— 
‘‘(1) to ensure that human lives and property that are 
protected by new and existing levees are safe; 
‘‘(2) to encourage the use of appropriate engineering poli-
cies, procedures, and technical practices for levee site investiga-
tion, design, construction, operation and maintenance, inspec-
tion, assessment, and emergency preparedness; 
‘‘(3) to develop and support public education and awareness 
projects to increase public acceptance and support of levee 
safety programs and provide information; 
‘‘(4) to build public awareness of the residual risks associ-
ated with living in levee protected areas; 
‘‘(5) to develop technical assistance materials, seminars, 
and guidelines to improve the security of levees of the United 
States; and 
‘‘(6) to encourage the establishment of effective State and 
tribal levee safety programs.’’. 
(b) DEFINITIONS.—Section 9002 of the Water Resources Develop-
ment Act of 2007 (33 U.S.C. 3301) is amended— 
(1) by redesignating paragraphs (1), (2), (3), (4), (5), and 
(6), as paragraphs (3), (6), (7), (14), (15), and (16), respectively; 
(2) by inserting before paragraph (3) (as redesignated by 
paragraph (1)) the following: 
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of the Federal Emergency Management Agency. 
‘‘(2) CANAL STRUCTURE.— 
‘‘(A) IN GENERAL.—The term ‘canal structure’ means 
an embankment, wall, or structure along a canal or man-
made watercourse that— 
‘‘(i) constrains water flows; 
‘‘(ii) is subject to frequent water loading; and 
‘‘(iii) is an integral part of a flood risk reduction 
system that protects the leveed area from flood waters 
associated with hurricanes, precipitation events, sea-
sonal high water, and other weather-related events. 
‘‘(B) EXCLUSION.—The term ‘canal structure’ does not 
include a barrier across a watercourse.’’; 
(3) by inserting after paragraph (3) (as redesignated by 
paragraph (1)) the following: 
‘‘(4) FLOODPLAIN
MANAGEMENT.—The term ‘floodplain 
management’ means the operation of a community program 
of corrective and preventative measures for reducing flood dam-
age. 
‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning 
given the term in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b).’’; and 
(4) by striking paragraph (7) (as redesignated by paragraph 
(1)) and inserting the following: 
‘‘(7) LEVEE.—
H. R. 3080—98 
‘‘(A) IN GENERAL.—The term ‘levee’ means a manmade 
barrier (such as an embankment, floodwall, or other struc-
ture)— 
‘‘(i) the primary purpose of which is to provide 
hurricane, storm, or flood protection relating to sea-
sonal high water, storm surges, precipitation, or other 
weather events; and 
‘‘(ii) that is normally subject to water loading for 
only a few days or weeks during a calendar year. 
‘‘(B) INCLUSIONS.—The term ‘levee’ includes a levee 
system, including— 
‘‘(i) levees and canal structures that— 
‘‘(I) constrain water flows; 
‘‘(II) are subject to more frequent water 
loading; and 
‘‘(III) do not constitute a barrier across a 
watercourse; and 
‘‘(ii) roadway and railroad embankments, but only 
to the extent that the embankments are integral to 
the performance of a flood damage reduction system. 
‘‘(C) EXCLUSIONS.—The term ‘levee’ does not include— 
‘‘(i) a roadway or railroad embankment that is 
not integral to the performance of a flood damage 
reduction system; 
‘‘(ii) a canal constructed completely within natural 
ground without any manmade structure (such as an 
embankment or retaining wall to retain water or a 
case in which water is retained only by natural 
ground); 
‘‘(iii) a canal regulated by a Federal or State agency 
in a manner that ensures that applicable Federal 
safety criteria are met; 
‘‘(iv) a levee or canal structure— 
‘‘(I) that is not a part of a Federal flood damage 
reduction system; 
‘‘(II) that is not recognized under the National 
Flood Insurance Program as providing protection 
from the 1-percent-annual-chance or greater flood; 
‘‘(III) that is not greater than 3 feet high; 
‘‘(IV) the population in the leveed area of 
which is less than 50 individuals; and 
‘‘(V) the leveed area of which is less than 
1,000 acres; or 
‘‘(v) any shoreline protection or river bank protec-
tion system (such as revetments or barrier islands). 
‘‘(8) LEVEE FEATURE.—The term ‘levee feature’ means a 
structure that is critical to the functioning of a levee, 
including— 
‘‘(A) an embankment section; 
‘‘(B) a floodwall section; 
‘‘(C) a closure structure; 
‘‘(D) a pumping station; 
‘‘(E) an interior drainage work; and 
‘‘(F) a flood damage reduction channel.
H. R. 3080—99 
‘‘(9) LEVEE SYSTEM.—The term ‘levee system’ means 1 or 
more levee segments, including all levee features that are inter-
connected and necessary to ensure protection of the associated 
leveed areas— 
‘‘(A) that collectively provide flood damage reduction 
to a defined area; and 
‘‘(B) the failure of 1 of which may result in the failure 
of the entire system. 
‘‘(10) NATIONAL LEVEE DATABASE.—The term ‘national levee 
database’ means the levee database established under section 
9004. 
‘‘(11) PARTICIPATING
PROGRAM.—The term ‘participating 
program’ means a levee safety program developed by a State 
or Indian tribe that includes the minimum components nec-
essary for recognition by the Secretary. 
‘‘(12) REHABILITATION.—The term ‘rehabilitation’ means the 
repair, replacement, reconstruction, removal of a levee, or 
reconfiguration of a levee system, including a setback levee, 
that is carried out to reduce flood risk or meet national levee 
safety guidelines. 
‘‘(13) RISK.—The term ‘risk’ means a measure of the prob-
ability and severity of undesirable consequences.’’. 
(c) COMMITTEE ON LEVEE SAFETY.—Section 9003 of the Water 
Resources Development Act of 2007 (33 U.S.C. 3302) is amended— 
(1) in subsection (b)— 
(A) by striking paragraphs (1) and (2) and inserting 
the following: 
‘‘(1) NONVOTING
MEMBERS.—The following 2 nonvoting 
members: 
‘‘(A) The Secretary (or a designee of the Secretary). 
‘‘(B) The Administrator (or a designee of the Adminis-
trator).’’; 
(B) by redesignating paragraph (3) as paragraph (2); 
and 
(C) in paragraph (2) (as redesignated by subparagraph 
(B)) by inserting ‘‘voting’’ after ‘‘14’’; 
(2) by redesignating subsection (g) as subsection (h); and 
(3) by striking subsections (c) through (f) and inserting 
the following: 
‘‘(c) ADMINISTRATION.— 
‘‘(1) TERMS OF VOTING MEMBERS.— 
‘‘(A) IN GENERAL.—A voting member of the committee 
shall be appointed for a term of 3 years, except that, 
of the members first appointed— 
‘‘(i) 5 shall be appointed for a term of 1 year; 
‘‘(ii) 5 shall be appointed for a term of 2 years; 
and 
‘‘(iii) 4 shall be appointed for a term of 3 years. 
‘‘(B) REAPPOINTMENT.—A voting member of the com-
mittee may be reappointed to the committee, as the Sec-
retary determines to be appropriate. 
‘‘(C) VACANCIES.—A vacancy on the committee shall 
be filled in the same manner as the original appointment 
was made. 
‘‘(2) CHAIRPERSON.—
H. R. 3080—100 
‘‘(A) IN GENERAL.—The voting members of the com-
mittee shall appoint a chairperson from among the voting 
members of the committee. 
‘‘(B) TERM.—The chairperson shall serve a term of 
not more than 2 years. 
‘‘(d) STANDING COMMITTEES.— 
‘‘(1) IN GENERAL.—The committee may establish standing 
committees comprised of volunteers from all levels of govern-
ment and the private sector, to advise the committee regarding 
specific levee safety issues, including participating programs, 
technical issues, public education and awareness, and safety 
and the environment. 
‘‘(2) MEMBERSHIP.—The committee shall recommend to the 
Secretary for approval individuals for membership on the 
standing committees. 
‘‘(e) DUTIES AND POWERS.—The committee— 
‘‘(1) shall submit to the Secretary and Congress an annual 
report regarding the effectiveness of the levee safety initiative 
in accordance with section 9006; and 
‘‘(2) may secure from other Federal agencies such services, 
and enter into such contracts, as the committee determines 
to be necessary to carry out this subsection. 
‘‘(f) TASK FORCE COORDINATION.—The committee shall, to the 
maximum extent practicable, coordinate the activities of the com-
mittee with the Federal Interagency Floodplain Management Task 
Force. 
‘‘(g) COMPENSATION.— 
‘‘(1) FEDERAL EMPLOYEES.—Each member of the committee 
who is an officer or employee of the United States— 
‘‘(A) shall serve without compensation in addition to 
compensation received for the services of the member as 
an officer or employee of the United States; but 
‘‘(B) shall be allowed a per diem allowance for travel 
expenses, at rates authorized for an employee of an agency 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from the home or regular place of busi-
ness of the member in the performance of the duties of 
the committee. 
‘‘(2) NON-FEDERAL EMPLOYEES.—To the extent amounts are 
made available to carry out this section in appropriations Acts, 
the Secretary shall provide to each member of the committee 
who is not an officer or employee of the United States a stipend 
and a per diem allowance for travel expenses, at rates author-
ized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from the home 
or regular place of business of the member in performance 
of services for the committee. 
‘‘(3) STANDING COMMITTEE MEMBERS.—Each member of a 
standing committee shall serve in a voluntary capacity.’’. 
(d) INVENTORY
OF
LEVEES.—Section 9004 of the Water 
Resources Development Act of 2007 (33 U.S.C. 3303) is amended— 
(1) in subsection (a)(2)(A) by striking ‘‘and, for non-Federal 
levees, such information on levee location as is provided to 
the Secretary by State and local governmental agencies’’ and 
inserting ‘‘and updated levee information provided by States, 
Indian tribes, Federal agencies, and other entities’’; and 
(2) by adding at the end the following:
H. R. 3080—101 
‘‘(c) LEVEE REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary shall carry out a one- 
time inventory and review of all levees identified in the national 
levee database. 
‘‘(2) NO FEDERAL INTEREST.—The inventory and inspection 
under paragraph (1) does not create a Federal interest in the 
construction, operation, or maintenance of any levee that is 
included in the inventory or inspected under this subsection. 
‘‘(3) REVIEW CRITERIA.—In carrying out the inventory and 
review, the Secretary shall use the levee safety action classifica-
tion criteria to determine whether a levee should be classified 
in the inventory as requiring a more comprehensive inspection. 
‘‘(4) STATE AND TRIBAL PARTICIPATION.—At the request of 
a State or Indian tribe with respect to any levee subject to 
review under this subsection, the Secretary shall— 
‘‘(A) allow an official of the State or Indian tribe to 
participate in the review of the levee; and 
‘‘(B) provide information to the State or Indian tribe 
relating to the location, construction, operation, or mainte-
nance of the levee. 
‘‘(5) EXCEPTIONS.—In carrying out the inventory and review 
under this subsection, the Secretary shall not be required to 
review any levee that has been inspected by a State or Indian 
tribe using the same methodology described in paragraph (3) 
during the 1-year period immediately preceding the date of 
enactment of this subsection if the Governor of the State or 
chief executive of the tribal government, as applicable, requests 
an exemption from the review.’’. 
(e) LEVEE SAFETY INITIATIVE.— 
(1) IN GENERAL.—Sections 9005 and 9006 of the Water 
Resources Development Act of 2007 (33 U.S.C. 3304, 3305) 
are redesignated as sections 9007 and 9008, respectively. 
(2) LEVEE
SAFETY
INITIATIVE.—Title IX of the Water 
Resources Development Act of 2007 (33 U.S.C. 3301 et seq.) 
is amended by inserting after section 9004 the following: 
‘‘SEC. 9005. LEVEE SAFETY INITIATIVE. 
‘‘(a) ESTABLISHMENT.—The Secretary, in consultation with the 
Administrator, shall carry out a levee safety initiative. 
‘‘(b) MANAGEMENT.—The Secretary shall appoint— 
‘‘(1) an administrator of the levee safety initiative; and 
‘‘(2) such staff as are necessary to implement the initiative. 
‘‘(c) LEVEE SAFETY GUIDELINES.— 
‘‘(1) ESTABLISHMENT.—Not later than 1 year after the date 
of enactment of this subsection, the Secretary, in consultation 
with the Administrator and in coordination with State, local, 
and tribal governments and organizations with expertise in 
levee safety, shall establish a set of voluntary, comprehensive, 
national levee safety guidelines that— 
‘‘(A) are available for common, uniform use by all Fed-
eral, State, tribal, and local agencies; 
‘‘(B) incorporate policies, procedures, standards, and 
criteria for a range of levee types, canal structures, and 
related facilities and features; and 
‘‘(C) provide for adaptation to local, regional, or water-
shed conditions.
H. R. 3080—102 
‘‘(2) REQUIREMENT.—The policies, procedures, standards, 
and criteria under paragraph (1)(B) shall be developed taking 
into consideration the levee hazard potential classification 
system established under subsection (d). 
‘‘(3) INCORPORATION.—The guidelines shall address, to the 
maximum extent practicable— 
‘‘(A) the activities and practices carried out by State, 
local, and tribal governments, and the private sector to 
safely build, regulate, operate, and maintain levees; and 
‘‘(B) Federal activities that facilitate State efforts to 
develop and implement effective State programs for the 
safety of levees, including levee inspection, levee rehabilita-
tion, locally developed floodplain management, and public 
education and training programs. 
‘‘(4) CONSIDERATION BY FEDERAL AGENCIES.—To the max-
imum extent practicable, all Federal agencies shall consider 
the levee safety guidelines in carrying out activities relating 
to the management of levees. 
‘‘(5) PUBLIC COMMENT.—Prior to finalizing the guidelines 
under this subsection, the Secretary shall— 
‘‘(A) issue draft guidelines for public comment, 
including comment by States, non-Federal interests, and 
other appropriate stakeholders; and 
‘‘(B) consider any comments received in the develop-
ment of final guidelines. 
‘‘(d) HAZARD POTENTIAL CLASSIFICATION SYSTEM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a 
hazard potential classification system for use under the levee 
safety initiative and participating programs. 
‘‘(2) REVISION.—The Secretary shall review and, as nec-
essary, revise the hazard potential classification system not 
less frequently than once every 5 years. 
‘‘(3) CONSISTENCY.—The hazard potential classification 
system established pursuant to this subsection shall be con-
sistent with and incorporated into the levee safety action classi-
fication tool developed by the Corps of Engineers. 
‘‘(e) TECHNICAL ASSISTANCE AND MATERIALS.— 
‘‘(1) ESTABLISHMENT.—The Secretary, in consultation with 
the Administrator, shall provide technical assistance and 
training to promote levee safety and assist States, communities, 
and levee owners in— 
‘‘(A) developing levee safety programs; 
‘‘(B) identifying and reducing flood risks associated 
with levees; 
‘‘(C) identifying local actions that may be carried out 
to reduce flood risks in leveed areas; and 
‘‘(D) rehabilitating, improving, replacing, reconfiguring, 
modifying, and removing levees and levee systems. 
‘‘(2) ELIGIBILITY.—To be eligible to receive technical assist-
ance under this subsection, a State shall— 
‘‘(A) be in the process of establishing or have in effect 
a State levee safety program under which a State levee 
safety agency, in accordance with State law, carries out 
the guidelines established under subsection (c)(1); and 
‘‘(B) allocate sufficient funds in the budget of that 
State to carry out that State levee safety program.