I 
116TH CONGRESS 
1ST SESSION H. R. 5476 
To direct the Secretary of the Army to carry out a program to convert 
temporary structures at risk of flood events into permanent features, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 18, 2019 
Mrs. AXNE (for herself and Mr. BACON) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure 
A BILL 
To direct the Secretary of the Army to carry out a program 
to convert temporary structures at risk of flood events 
into permanent features, and for other purposes. 
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 ‘‘Local Expertise is 
Vital for Effective Embankments Act’’ or the ‘‘LEVEE 
Act’’. 
SEC. 2. ESTABLISHING PERMANENT FEATURES FROM 
EMERGENCY RESPONSE MEASURES. 
(a) DEFINITIONS.—In this section: 
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(1) IMPACTED
COMMUNITY.—The term ‘‘im-
pacted community’’ means an entity that has re-
ceived emergency flood fighting assistance under sec-
tion 5 of the Act of August 18, 1941 (commonly 
known as the ‘‘Flood Control Act of 1941’’) (55 
Stat. 650, chapter 377; 33 U.S.C. 701n), involving 
the construction of a temporary structure. 
(2) PERMANENT FEATURE.—The term ‘‘perma-
nent feature’’ means a structural or nonstructural 
measure typical in a flood control project. 
(3) SMALL OR DISADVANTAGED COMMUNITY.— 
The term ‘‘small or disadvantaged community’’ 
means a community— 
(A) with a population of less than 10,000; 
or 
(B) that is— 
(i) financially disadvantaged; and 
(ii) at risk from repeat flooding 
events. 
(b) EVALUATION
OF TEMPORARY STRUCTURES.— 
Notwithstanding any other provision of law, on request of 
an impacted community, the Secretary shall evaluate 
whether the temporary structure warrants consideration 
for a permanent feature, in accordance with subsection 
(c). 
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(c) CONSIDERATIONS.—In evaluating a temporary 
structure under subsection (b), the Secretary shall con-
sider— 
(1) the likelihood that a similar structure will 
need to be constructed in the area in the future if 
the temporary structure, or a similar structure, is 
not made permanent; 
(2) the extent to which similar structures have 
been constructed in the area previously and re-
moved; 
(3) the economic, safety, and environmental 
benefits and impacts of establishing a permanent 
feature in the watershed of the impacted community; 
(4) the extent of the modifications necessary to 
make the temporary structure a permanent feature; 
and 
(5) the costs of the modifications described in 
paragraph (4). 
(d) CONVERSION OF TEMPORARY STRUCTURES.— 
(1) IN
GENERAL.—After the Secretary com-
pletes an evaluation under subsection (b), if the Sec-
retary determines that the temporary structure 
should become a permanent feature, or that a per-
manent feature would prevent damage similar to 
damage prevented by the temporary structure, and 
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subject to paragraph (2), the Secretary shall begin 
the planning and design of the permanent feature in 
accordance with all applicable design and construc-
tion standards and legal requirements of the Sec-
retary, including all applicable environmental laws. 
(2) PROJECT COST.— 
(A) IN
GENERAL.—The Secretary may 
carry out the planning, design, and construction 
of a project described in paragraph (1) if the 
total construction cost of the project is not ex-
pected to exceed $25,000,000. 
(B) LARGE PROJECTS.—If the total con-
struction cost of a project described in para-
graph (1) is expected to be greater than 
$25,000,000, the Secretary— 
(i) shall submit to Congress a request 
to carry out the project in a manner simi-
lar to a Chief’s Report; and 
(ii) may not carry out the project 
until Congress authorizes the construction 
of the project. 
(C) DEMOLITION.—Demolition of a tem-
porary structure under this section shall be sub-
ject to the cost-share requirement under para-
graph (3), but the costs of that demolition shall 
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not be included in the total construction cost of 
the project under subparagraphs (A) and (B). 
(3) COST-SHARE.— 
(A) IN GENERAL.—The non-Federal share 
of the cost of carrying out a project under this 
section shall be not more than 35 percent. 
(B) SMALL OR DISADVANTAGED COMMU-
NITIES.—In the case of a project carried out 
under this section in an impacted community 
that is a small or disadvantaged community, 
the Federal share of the cost of such project 
may be up to 100 percent, based on the ability 
of the community to pay. 
Æ 
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