I 
112TH CONGRESS 
2D SESSION 
H. R. 5831 
To direct the Secretary of the Army to undertake a comprehensive review 
of the Corps of Engineers policy guidelines on vegetation management 
for levees, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2012 
Ms. MATSUI (for herself, Mr. GARAMENDI, Mr. GEORGE MILLER of California, 
Mrs. NAPOLITANO, Mr. DANIEL E. LUNGREN of California, Mr. GARY G. 
MILLER of California, Mr. CALVERT, Ms. ZOE LOFGREN of California, 
Ms. SPEIER, Mrs. CAPPS, Mr. THOMPSON of California, Mr. WAXMAN, 
Mr. HONDA, Ms. ESHOO, Ms. HAHN, Ms. CHU, Ms. WOOLSEY, Mr. 
MCNERNEY, Mr. BACA, Ms. LINDA T. SA´NCHEZ of California, Ms. ROY-
BAL-ALLARD, Mr. CARDOZA, Mr. COSTA, Ms. LEE of California, Mr. 
BERMAN, Mr. FARR, Mr. SCHIFF, Ms. BASS of California, Mr. STARK, 
Mrs. DAVIS of California, and Ms. LORETTA SANCHEZ of California) in-
troduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure 
A BILL 
To direct the Secretary of the Army to undertake a com-
prehensive review of the Corps of Engineers policy guide-
lines on vegetation management for levees, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Levee Vegetation Re-
view Act of 2012’’. 
SEC. 2. FLOOD CONTROL POLICY. 
(a) REVIEW.—In order to determine whether current 
Federal policy relating to levee vegetation is appropriate 
for all regions of the United States, the Secretary of the 
Army shall undertake a comprehensive review of the Corps 
of Engineers policy guidelines on vegetation management 
for levees (in this section referred to as the ‘‘guidelines’’). 
The Secretary shall commence the review not later than 
6 months after the date of enactment of this Act. 
(b) FACTORS.— 
(1) IN
GENERAL.—In conducting the review, 
the Secretary shall examine the guidelines in view 
of— 
(A) the varied interests and responsibilities 
in managing flood risks, including the need to 
provide the greatest levee safety benefit with 
limited resources; 
(B) preserving, protecting, and enhancing 
natural resources, including the potential ben-
efit that vegetation on levees can have in pro-
viding habitat for species of concern; 
(C) protecting the rights of Native Ameri-
cans pursuant to treaties and statutes; and 
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(D) such other factors as the Secretary 
considers appropriate. 
(2) REGIONAL
AND
WATERSHED
CONSIDER-
ATIONS.—In conducting the review, the Secretary 
shall specifically consider factors that promote and 
allow for consideration of potential variances from 
national guidelines on a regional or watershed basis. 
Such factors may include regional or watershed soil 
conditions, hydrologic factors, vegetation patterns 
and characteristics, environmental resources, levee 
performance history, institutional considerations, 
and other relevant factors. The scope of a variance 
approved by the Secretary may include an exemption 
to national guidelines where appropriate. 
(c) 
COOPERATION
AND
CONSULTATION; 
REC-
OMMENDATIONS.— 
(1) IN GENERAL.—The review shall be under-
taken in cooperation with interested Federal agen-
cies and in consultation with interested representa-
tives of State and local governments, Native Amer-
ican Indian tribes, appropriate nongovernmental or-
ganizations, and the public. 
(2) RECOMMENDATIONS.—Corps of Engineers 
Regional Integration Teams, representing districts, 
divisions, and headquarters, in consultation with 
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State and Federal resources agencies, and with par-
ticipation by local agencies, shall recommend to the 
Chief of Engineers vegetation management policies 
for levees that conform with State and Federal laws 
and other applicable requirements. 
(d) PEER REVIEW.— 
(1) VIEWS OF NATIONAL ACADEMY OF ENGI-
NEERING.—As part of the review, the Secretary 
shall solicit and consider the views of the National 
Academy of Engineering on the engineering, envi-
ronmental, and institutional considerations under-
lying the guidelines. 
(2) AVAILABILITY OF VIEWS.—The views of the 
National Academy of Engineering obtained under 
paragraph (1) shall be— 
(A) made available to the public; and 
(B) included in supporting materials issued 
in connection with the revised guidelines re-
quired under subsection (e). 
(e) REVISION OF GUIDELINES.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary 
shall— 
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(A) revise the guidelines based on the re-
sults of the review, including the results of the 
peer review conducted under subsection (d); and 
(B) submit to Congress a report that con-
tains a summary of the activities of the Sec-
retary and a description of the findings of the 
Secretary under this section. 
(2) CONTENT; 
INCORPORATION
INTO
MAN-
UAL.—The revised guidelines shall— 
(A) provide a practical process for approv-
ing regional or watershed variances from the 
national guidelines, reflecting due consideration 
of measures to maximize public safety benefits 
with limited resources, regional climatic vari-
ations, environmental quality, implementation 
challenges, and allocation of responsibilities; 
and 
(B) be incorporated into the manual pro-
posed under section 5(c) of the Act entitled ‘‘An 
Act authorizing the construction of certain pub-
lic works on rivers and harbors for flood con-
trol, and for other purposes’’, approved August 
18, 1941 (33 U.S.C. 701n(c)). 
(f) CONTINUATION
OF
WORK.—Concurrent with 
completion of the requirements of this section, the Sec-
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retary shall proceed without interruption or delay with 
those ongoing or programmed projects and studies, or ele-
ments of projects or studies, that are not directly related 
to vegetation variance policy. 
Æ 
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