33 U.S.C. § 3303a (NAVIGATION AND NAVIGABLE WATERS)
§ 3303a. 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 December 16, 2016, the Secretary, in consultation with the Administrator and in coordination with State, regional, 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 Federal, State, regional, local, and tribal 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 watershed conditions.
(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, regional, local, and tribal governments and the private sector to safely build, regulate, operate, and maintain levees; and
(B) Federal activities that facilitate State, regional, or tribal efforts to develop and implement effective State, regional, or tribal programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed floodplain management, and public education and training programs.
(4) Consideration by Federal agencies
To the maximum 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, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders; and
(B) consider any comments received in the development 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 necessary, 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 consistent with and incorporated into the levee safety action classification 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, regional districts, Indian tribes, 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 assistance 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.
(3) Work plans
The Secretary shall enter into an agreement with each State receiving technical assistance under this subsection to develop a work plan necessary for the State levee safety program of that State to reach a level of program performance that meets the guidelines established under subsection (c)(1).
(f) Public education and awareness
(1) In general
The Secretary, in coordination with the Administrator, shall carry out public education and awareness efforts relating to the levee safety initiative.
(2) Contents
In carrying out the efforts under paragraph (1), the Secretary and the Administrator shall—
(A) educate individuals living in leveed areas regarding the risks of living in those areas; and
(B) promote consistency in the transmission of information regarding levees among Federal agencies and regarding risk communication at the State and local levels.
(g) State, regional, and tribal levee safety program
(1) Guidelines
(A) In general
Not later than 1 year after December 16, 2016, in consultation with the Administrator, the Secretary shall issue guidelines that establish the minimum components necessary for recognition of a State, regional, or tribal levee safety program as a participating program.
(B) Guideline contents
The guidelines under subparagraph (A) shall include provisions and procedures requiring each participating State, regional district, and Indian tribe to certify to the Secretary that the State, regional district, or Indian tribe, as applicable—
(i) has the authority to participate in the levee safety initiative;
(ii) can receive funds under this chapter;
(iii) has adopted any levee safety guidelines developed under this chapter;
(iv) will carry out levee inspections;
(v) will carry out, consistent with applicable requirements, flood risk management and any emergency action planning procedures the Secretary determines to be necessary relating to levees;
(vi) will carry out public education and awareness activities consistent with the efforts carried out under subsection (f); and
(vii) will collect and share information regarding the location and condition of levees, including for inclusion in the national levee database.
(C) Public comment
Prior to finalizing the guidelines under this paragraph, the Secretary shall—
(i) issue draft guidelines for public comment; and
(ii) consider any comments received in the development of final guidelines.
(2) Assistance to States, regional districts, and Indian tribes
(A) Establishment
The Administrator may provide assistance, subject to the availability of funding specified in appropriations Acts for Federal Emergency Management Agency activities pursuant to this chapter and subject to amounts available under subparagraph (E), to States, regional districts, and Indian tribes in establishing participating programs, conducting levee inventories, and improving levee safety programs in accordance with subparagraph (B).
(B) Requirements
To be eligible to receive assistance under this section, a State, regional district, or Indian tribe shall—
(i) meet the requirements of a participating program established by the guidelines issued under paragraph (1);
(ii) use not less than 25 percent of any amounts received to identify and assess non-Federal levees within the State or regional district or on land of the Indian tribe;
(iii) submit to the Secretary and Administrator any information collected by the State, regional district, or Indian tribe in carrying out this subsection for inclusion in the national levee safety database; and
(iv) identify actions to address hazard mitigation activities associated with levees and leveed areas identified in the hazard mitigation plan of the State approved by the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(C) Measures to assess effectiveness
(i) In general
Not later than 1 year after June 10, 2014, the Administrator shall implement quantifiable performance measures and metrics to assess the effectiveness of the assistance provided in accordance with subparagraph (A).
(ii) Considerations
In assessing the effectiveness of assistance under clause (i), the Administrator shall consider the degree to which the State, regional, or tribal program—
(I) ensures that human lives and property that are protected by new and existing levees are safe;
(II) encourages the use of appropriate engineering policies, procedures, and technical practices for levee site investigation, design, construction, operation and maintenance, inspection, assessment, and emergency preparedness;
(III) develops and supports public education and awareness projects to increase public acceptance and support of levee safety programs and provide information;
(IV) builds public awareness of the residual risks associated with living in levee protected areas; and
(V) develops technical assistance materials, seminars, and guidelines to improve the security of levees of the United States.
(D) Maintenance of effort
Technical assistance or grants may not be provided to a State under this subsection during a fiscal year unless the State enters into an agreement with the Administrator to ensure that the State will maintain during that fiscal year aggregate expenditures for programs to ensure levee safety that equal or exceed the average annual level of such expenditures for the State for the 2 fiscal years preceding that fiscal year.
(E) Authorization of appropriations
(i) In general
There is authorized to be appropriated to the Administrator to carry out this subsection $25,000,000 for each of fiscal years 2015 through 2019.
(ii) Allocation
For each fiscal year, amounts made available under this subparagraph shall be allocated among the States, regional districts, and Indian tribes as follows:
(I) ⅓ among States, regional districts, and Indian tribes that qualify for assistance under this subsection.
(II) ⅔ among States, regional districts, and Indian tribes that qualify for assistance under this subsection, to each such State, regional district, or Indian tribe in the proportion that—
(aa) the miles of levees in the State or regional district or on the land of the Indian tribe that are listed on the inventory of levees; bears to
(bb) the miles of levees in all States and regional districts and on the land of all Indian tribes that are in the national levee database.
(iii) Maximum amount of allocation
The amounts allocated to a State, regional district, or Indian tribe under this subparagraph shall not exceed 50 percent of the reasonable cost of implementing the State, regional, or tribal levee safety program.
(F) Prohibition
No amounts made available to the Administrator under this chapter shall be used for levee construction, rehabilitation, repair, operations, or maintenance.
(h) Levee rehabilitation assistance program
(1) Establishment
The Secretary shall provide assistance to States, regional districts, Indian tribes, and local governments relating to addressing flood mitigation activities that result in an overall reduction in flood risk.
(2) Requirements
To be eligible to receive assistance under this subsection, a State, regional district, Indian tribe, or local government shall—
(A) participate in, and comply with, all applicable Federal floodplain management and flood insurance programs;
(B) have in place a hazard mitigation plan that—
(i) includes all levee risks; and
(ii) complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552);
(C) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require;
(D) commit to provide normal operation and maintenance of the project for the 50 year-period following completion of rehabilitation; and
(E) comply with such minimum eligibility requirements as the Secretary, in consultation with the committee, may establish to ensure that each owner and operator of a levee under a participating State, regional, or tribal levee safety program—
(i) acts in accordance with the guidelines developed under subsection (c); and
(ii) carries out activities relating to the public in the leveed area in accordance with the hazard mitigation plan described in subparagraph (B).
(3) Floodplain management plans
(A) In general
Not later than 1 year after the date of execution of a project agreement for assistance under this subsection, a State, regional district, Indian tribe, or local government shall prepare a floodplain management plan in accordance with the guidelines under subparagraph (D) to reduce the impacts of future flood events in each applicable leveed area.
(B) Inclusions
A plan under subparagraph (A) shall address—
(i) potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in each applicable leveed area;
(ii) plans for flood fighting and evacuation; and
(iii) public education and awareness of flood risks.
(C) Implementation
Not later than 1 year after the date of completion of construction of the applicable project, a floodplain management plan prepared under subparagraph (A) shall be implemented.
(D) Guidelines
Not later than 180 days after December 16, 2016, the Secretary, in consultation with the Administrator, shall develop such guidelines for the preparation of floodplain management plans prepared under this paragraph as the Secretary determines to be appropriate.
(E) Technical support
The Secretary may provide technical support for the development and implementation of floodplain management plans prepared under this paragraph.
(4) Use of funds
(A) In general
Assistance provided under this subsection may be used—
(i) for any rehabilitation activity to maximize overall risk reduction associated with a levee under a participating State, regional, or tribal levee safety program; and
(ii) only for a levee that is not federally operated and maintained.
(B) Prohibition
Assistance provided under this subsection shall not be used—
(i) to perform routine operation or maintenance for a levee; or
(ii) to make any modification to a levee that does not result in an improvement to public safety.
(5) No proprietary interest
A contract for assistance provided under this subsection shall not be considered to confer any proprietary interest on the United States.
(6) Cost share
The maximum Federal share of the cost of any assistance provided under this subsection shall be 65 percent.
(7) Project limit
The maximum amount of Federal assistance for a project under this subsection shall be $10,000,000.
(8) Limitation
A project shall not receive Federal assistance under this subsection more than 1 time.
(9) Federal interest
For a project that is not a project eligible for rehabilitation assistance under section 701n of this title, the Secretary shall determine that the proposed rehabilitation is in the Federal interest prior to providing assistance for such rehabilitation.
(10) Other laws
Assistance provided under this subsection shall be subject to all applicable laws (including regulations) that apply to the construction of a civil works project of the Corps of Engineers.
(i) Effect of section
Nothing in this section—
(1) affects the requirement under section 100226(b)(2) of Public Law 112–141 (42 U.S.C. 4101 note; 126 Stat. 942); or
(2) confers any regulatory authority on—
(A) the Secretary; or
(B) the Administrator, including for the purpose of setting premium rates under the national flood insurance program established under chapter 1 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).
(Pub. L. 110–114, title IX, § 9005, as added Pub. L. 113–121, title III, § 3016(e)(2), June 10, 2014, 128 Stat. 1293; Pub. L. 114–322, title I, § 1130(c), Dec. 16, 2016, 130 Stat. 1650.)
heading: References in Text
text: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (g)(2)(B)(iv), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
The Disaster Mitigation Act of 2000, referred to in subsec. (h)(2)(B)(ii), is Pub. L. 106–390, Oct. 30, 2000, 114 Stat. 1552. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 5121 of Title 42 and Tables.
The National Flood Insurance Act of 1968, referred to in subsec. (i)(2)(B), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to chapter 50 (§ 4001 et seq.) of Title 42, The Public Health and Welfare. Chapter I of the Act is classified principally to subchapter I (§ 4011 et seq.) of chapter 50 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 42 and Tables.
heading: Prior Provisions
text: A prior section 9005 of Pub. L. 110–114 was renumbered section 9007, and is classified to section 3304 of this title.
heading: Amendments
text: 2016—Subsec. (c)(1). Pub. L. 114–322, § 1130(c)(1)(A)(i), substituted “1 year after December 16, 2016,” for “1 year after June 10, 2014,” and “State, regional, local, and tribal governments and organizations” for “State, local, and tribal governments and organizations” in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 114–322, § 1130(c)(1)(A)(ii), substituted “Federal, State, regional, local, and tribal agencies” for “Federal, State, tribal, and local agencies”.
Subsec. (c)(3)(A). Pub. L. 114–322, § 1130(c)(1)(B)(i), substituted “State, regional, local, and tribal governments” for “State, local, and tribal governments,”.
Subsec. (c)(3)(B). Pub. L. 114–322, § 1130(c)(1)(B)(ii), inserted “, regional, or tribal” after “State” in two places.
Subsec. (c)(5)(A). Pub. L. 114–322, § 1130(c)(1)(C), substituted “States, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders” for “States, non-Federal interests, and other appropriate stakeholders”.
Subsec. (e)(1). Pub. L. 114–322, § 1130(c)(2), substituted “States, regional districts, Indian tribes, communities, and levee owners” for “States, communities, and levee owners” in introductory provisions.
Subsec. (g). Pub. L. 114–322, § 1130(c)(3)(A), substituted “State, regional, and tribal” for “State and tribal” in heading.
Subsec. (g)(1)(A). Pub. L. 114–322, § 1130(c)(3)(B)(i), substituted “1 year after December 16, 2016,” for “1 year after June 10, 2014,” and “State, regional, or tribal” for “State or tribal”.
Subsec. (g)(1)(B). Pub. L. 114–322, § 1130(c)(3)(B)(ii), substituted “State, regional district, and Indian tribe” for “State and Indian tribe” and “State, regional district, or Indian tribe” for “State or Indian tribe” in introductory provisions.
Subsec. (g)(2). Pub. L. 114–322, § 1130(c)(3)(C)(i), substituted “States, regional districts, and Indian tribes” for “States” in heading.
Subsec. (g)(2)(A). Pub. L. 114–322, § 1130(c)(3)(C)(ii), substituted “States, regional districts, and Indian tribes” for “States and Indian tribes”.
Subsec. (g)(2)(B). Pub. L. 114–322, § 1130(c)(3)(C)(iii)(I), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” in introductory provisions.
Subsec. (g)(2)(B)(ii). Pub. L. 114–322, § 1130(c)(3)(C)(iii)(II), substituted “levees within the State or regional district” for “levees within the State”.
Subsec. (g)(2)(B)(iii). Pub. L. 114–322, § 1130(c)(3)(C)(iii)(III), substituted “State, regional district, or Indian tribe” for “State or Indian tribe”.
Subsec. (g)(2)(C)(ii). Pub. L. 114–322, § 1130(c)(3)(C)(iv), substituted “State, regional, or tribal” for “State or tribal” in introductory provisions.
Subsec. (g)(2)(E)(ii). Pub. L. 114–322, § 1130(c)(3)(C)(v)(I), substituted “States, regional districts, and Indian tribes” for “States and Indian tribes” wherever appearing.
Subsec. (g)(2)(E)(ii)(II). Pub. L. 114–322, § 1130(c)(3)(C)(v)(II)(aa), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” in introductory provisions.
Subsec. (g)(2)(E)(ii)(II)(aa). Pub. L. 114–322, § 1130(c)(3)(C)(v)(II)(bb), substituted “miles of levees in the State or regional district” for “miles of levees in the State”.
Subsec. (g)(2)(E)(ii)(II)(bb). Pub. L. 114–322, § 1130(c)(3)(C)(v)(II)(cc), substituted “miles of levees in all States and regional districts” for “miles of levees in all States”.
Subsec. (g)(2)(E)(iii). Pub. L. 114–322, § 1130(c)(3)(C)(v)(III), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” and “State, regional, or tribal” for “State or tribal”.
Subsec. (h)(1). Pub. L. 114–322, § 1130(c)(4)(A), substituted “States, regional districts, Indian tribes, and local governments” for “States, Indian tribes, and local governments”.
Subsec. (h)(2). Pub. L. 114–322, § 1130(c)(4)(B)(i), substituted “State, regional district, Indian tribe, or local government” for “State, Indian tribe, or local government” in introductory provisions.
Subsec. (h)(2)(E). Pub. L. 114–322, § 1130(c)(4)(B)(ii), substituted “State, regional, or tribal” for “State or tribal” in introductory provisions.
Subsec. (h)(3)(A). Pub. L. 114–322, § 1130(c)(4)(C)(i), substituted “State, regional district, Indian tribe, or local government” for “State, Indian tribe, or local government”.
Subsec. (h)(3)(D). Pub. L. 114–322, § 1130(c)(4)(C)(ii), substituted “180 days after December 16, 2016” for “180 days after June 10, 2014”.
Subsec. (h)(4)(A)(i). Pub. L. 114–322, § 1130(c)(4)(D), substituted “State, regional, or tribal” for “State or tribal”.
heading: Rehabilitation of Existing Levees
text: Pub. L. 113–121, title III, § 3017, June 10, 2014, 128 Stat. 1300, provided that:
“(a) In General.—
The Secretary [of the Army] shall carry out measures that address consolidation, settlement, subsidence, sea level rise, and new datum to restore federally authorized hurricane and storm damage reduction projects that were constructed as of the date of enactment of this Act [June 10, 2014] to the authorized levels of protection of the projects if the Secretary determines the necessary work is technically feasible, environmentally acceptable, and economically justified.
“(b) Limitation.—
This section shall only apply to those projects for which the executed project partnership agreement provides that the non-Federal interest is not required to perform future measures to restore the project to the authorized level of protection of the project to account for subsidence and sea-level rise as part of the operation, maintenance, repair, replacement, and rehabilitation responsibilities.
“(c) Cost Share.—
“(1) In general.—
The non-Federal share of the cost of construction of a project carried out under this section shall be determined as provided in subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).
“(2) Certain activities.—
The non-Federal share of the cost of operations, maintenance, repair, replacement, and rehabilitation for a project carried out under this section shall be 100 percent.
“(d) Report to Congress.—
Not later than 5 years after the date of enactment of this Act, the Secretary shall include in the annual report developed under section 7001 [33 U.S.C. 2282d]—
“(1) any recommendations relating to the continued need for the authority provided under this section;
“(2) a description of the measures carried out under this section;
“(3) any lessons learned relating to the measures implemented under this section; and
“(4) best practices for carrying out measures to restore hurricane and storm damage reduction projects.
“(e) Termination of Authority.—
The authority of the Secretary under this subsection [probably should be “section”] terminates on the date that is 10 years after the date of enactment of this Act.”
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.