IB 
Union Calendar No. 350 
109TH CONGRESS 
2D SESSION 
H. R. 4650 
[Report No. 109–609] 
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 
JULY 28, 2006 
Additional sponsors: Mr. HERGER, Mr. MCGOVERN, Mr. JINDAL, Mr. 
MURPHY, Mr. FORD, Ms. WOOLSEY, Mr. CALVERT, and Mr. CARNAHAN 
JULY 28, 2006 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on December 22, 2005] 
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. 
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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 2006’’. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) BOARD.—The term ‘‘Board’’ means the Na-
tional Levee Safety Advisory Board established under 
section 4(d). 
(2) COMMITTEE.—The term ‘‘Committee’’ means 
the Interagency Committee on Levee Safety estab-
lished by section 4(a). 
(3) LEVEE.— 
(A) IN GENERAL.—The term ‘‘levee’’ means 
an embankment (including floodwalls)— 
(i) the primary purpose of which is to 
provide hurricane, storm, and flood protec-
tion relating to seasonal high water and 
storm surges; and 
(ii) that normally is subject to water 
loading for only a few days or weeks during 
a year. 
(B) INCLUSION.—The term ‘‘levee’’ includes 
structures along canals that constrain water 
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flows and are subject to more frequent water 
loadings but that do not constitute a barrier 
across a watercourse. 
(4) FEDERAL ENTITY.—The term ‘‘Federal enti-
ty’’ means a Federal agency or entity that designs, fi-
nances, constructs, owns, operates, maintains, or reg-
ulates the construction, operation, or maintenance of 
a levee. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army. 
(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. 
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SEC. 3. INSPECTION AND INVENTORY 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; 
(C) each levee constructed by a Federal enti-
ty and identified to the Secretary by the head of 
such entity; 
(D) each levee constructed by a federally 
recognized Indian tribe, located on tribal lands, 
and identified to the Secretary by the head of 
such tribe; and 
(E) 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— 
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(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 re-
quests an exception; and 
(B) any levee that the Secretary determines 
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 subject to an 
inspection under this Act and the failure of which would 
affect the State, the Secretary shall— 
(1) allow an official of the State levee safety 
agency to participate in the inspection of the levee; 
and 
(2) provide information to the State levee safety 
agency relating to the location, construction, oper-
ation, or maintenance of the levee. 
(d) DETERMINATION.— 
(1) INSPECTION REQUIREMENTS.—For the pur-
pose of determining whether the failure of a levee, in-
cluding the release of any water constrained by the 
levee, constitutes a danger to human life or property, 
the Secretary shall take into consideration the possi-
bility that the levee may be in danger of failing due 
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to disparities in floodwall height or construction ma-
terials, overtopping due to flooding or storm surges, 
seepage, settlement, piping or internal erosion, crack-
ing, earth movement, earthquakes, hurricanes, the 
failure of bulkheads or sheet walls, flashboards, gates 
or conduits, wetlands erosion, soil erosion, hydrologic 
modification, 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 before 
the date of the inspection of the levee under this sec-
tion, the Secretary shall review the determination, 
taking into consideration information most recently 
available to the Secretary relating to the matters re-
ferred to in paragraph (1). 
(e) INSPECTION RESULTS.— 
(1) NOTICE TO STATES.—As soon as practicable 
after the inspection of a levee under this Act, the Sec-
retary shall notify the Governor of the State in which 
such levee is located, the Governor of any other af-
fected State, any affected local government authority, 
and any affected federally recognized Indian tribe of 
the results of the inspection. 
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(2) HAZARDOUS CONDITIONS.—If the Secretary 
finds a hazardous condition during an inspection, the 
Secretary shall— 
(A) immediately notify the Governor of the 
State in which such levee is located, the Governor 
of any other affected State, any affected local 
government authority, and any affected federally 
recognized Indian tribe; and 
(B) provide to a Governor or entity referred 
to in subparagraph (A), upon request, advice re-
lating to timely remedial measures necessary to 
mitigate or obviate the hazardous condition. 
(f) NATIONAL LEVEE INVENTORY.— 
(1) IN
GENERAL.—Not later than August 1, 
2007, and every 2 years thereafter, the Secretary shall 
publish and submit to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public 
Works of the Senate an inventory of— 
(A) levees subject to inspection under this 
Act, and a characterization of the risk posed by 
such levees; and 
(B) levees identified by a State under sec-
tion 5(e)(2)(H). 
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(2) CONSIDERATIONS.—In determining the risk 
a levee poses under paragraph (1)(A), the Secretary 
shall consider the condition of the levee and the poten-
tial impact on human lives and property if the levee 
fails. 
(3) CONTENTS.—An inventory to be submitted 
under paragraph (1) shall include for each levee the 
following information: 
(A) The location of the levee. 
(B) The owner of the levee and any other re-
sponsible party. 
(C) The physical condition of the levee. 
(D) The probability and consequences of a 
failure of the levee. 
SEC. 4. 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 composed 
of 5 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). 
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(3) The Secretary of the Interior (or the Sec-
retary’s designee). 
(4) The Director of the Federal Emergency Man-
agement Agency (or the Director’s designee). 
(5) The United States Commissioner of the Inter-
national Boundary and Water Commission (or the 
Commissioner’s designee). 
(c) DUTIES.—The Committee shall support the estab-
lishment and maintenance of effective Federal programs, 
policies, and guidelines to enhance levee safety for the pro-
tection of human life and property through coordination 
and information exchange among and between Federal and 
non-Federal entities concerning the implementation of Fed-
eral guidelines relating to levee safety. 
(d) NATIONAL LEVEE SAFETY ADVISORY BOARD.— 
(1) ESTABLISHMENT.—The Committee shall es-
tablish an advisory board, to be known as the ‘‘Na-
tional Levee Safety Advisory Board’’, to advise the 
Committee on— 
(A) the safety of levees in the United States; 
(B) the implementation of this Act by State 
levee safety agencies; and 
(C) policy relating to national levee safety. 
(2) MEMBERSHIP.—The Board shall be composed 
of 14 members appointed by the Secretary as follows: 
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(A) A representative of State levee safety 
agencies for each of the 8 civil works divisions of 
the Corps of Engineers. 
(B) 2 representatives of the private sector 
who have expertise in levee safety. 
(C) 4 representatives of local and regional 
governmental agencies with expertise in levee 
safety. 
(3) DUTIES.— 
(A) IN GENERAL.—The Board shall support 
the activities of the Committee and the establish-
ment and maintenance of effective programs, 
policies, and guidelines to enhance levee safety 
for the protection of human life and property 
throughout the United States. 
(B) COORDINATION AND INFORMATION EX-
CHANGE
AMONG
AGENCIES.—In carrying out 
subparagraph (A), the Board shall assist the 
Committee in coordination and information ex-
change among and between Federal entities and 
State levee safety agencies that share common 
problems and responsibilities relating to levee 
safety, including planning, design, construction, 
operation, emergency action planning, inspec-
tions, maintenance, regulation or licensing, tech-
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nical or financial assistance, research, and data 
management. 
(4) COMPENSATION OF MEMBERS.—A member of 
the Board shall serve without compensation. 
(5) TRAVEL EXPENSES.—To the extent amounts 
are made available in advance in appropriations 
Acts, the Secretary shall reimburse a member of the 
Board for travel expenses, including per diem in lieu 
of subsistence, at rates authorized for an employee of 
an agency under subchapter 1 of chapter 57 of title 
5, United States Code, while away from the home or 
regular place of business of the member in perform-
ance of services for the Board. 
(6) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Board. 
SEC. 5. NATIONAL LEVEE SAFETY PROGRAM. 
(a) IN GENERAL.—The Secretary, in consultation with 
the Committee and State levee safety agencies, shall estab-
lish and maintain a national levee safety program. 
(b) PURPOSES.—The purposes of the program under 
this section are— 
(1) to ensure that human life and property pro-
tected by new and existing levees are safe through the 
development of technologically, economically, socially, 
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