A bill to allow a State or local government to construct levees on certain properties otherwise designated as open space lands.

Bill: 112-s-2039
Sponsor: Sen. Hoeven, John [R-ND]
Introduced: 2012-01-26 in the Senate
Policy area: Emergency Management
Subjects: Disaster relief and insurance
Floods and storm protection
Land transfers
Land use and conservation
North Dakota
State and local government operations

Summary:
action_date: 2012-01-26
text: 
Directs the Administrator of the Federal Emergency Management Agency (FEMA) to approve the construction of a permanent flood risk reduction levee by a state, local, or tribal government under specified circumstances on land: (1) acquired and deed restricted under hazard mitigation provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (2) located in North Dakota in a community that is participating in the National Flood Insurance Program on the date on which a state, local, or tribal government requests construction of such a levee and certifies to the Administrator and the Chief of Engineers that the community will continue to participate in the Program.
 
 Requires such approval if the Administrator and the Chief of Engineers determine that: (1) construction of the proposed levee would more effectively mitigate against flooding risk than an open floodplain; (2) the proposed levee complies with federal, state, and local requirements, including the consideration of mitigation of adverse impacts and floodplain management requirements; and (3) the state, local, or tribal government seeking to construct the levee has provided an adequate maintenance plan that meets specified requirements.
 
Requires: (1) a state, local, or tribal government that constructs such a levee to submit to the Administrator and the Chief of Engineers an annual certification indicating whether such government is in compliance with the maintenance plan; and (2) the Chief to review such certification and determine whether such government has complied with that plan.

action_date: 2012-01-26
text: 
Directs the Administrator of the Federal Emergency Management Agency (FEMA) to approve the construction of a permanent flood risk reduction levee by a state, local, or tribal government under specified circumstances on land: (1) acquired and deed restricted under hazard mitigation provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (2) located in North Dakota in a community that is participating in the National Flood Insurance Program on the date on which a state, local, or tribal government requests construction of such a levee and certifies to the Administrator and the Chief of Engineers that the community will continue to participate in the Program.
 
 Requires such approval if the Administrator and the Chief of Engineers determine, through a process funded entirely by the state, local, or tribal government seeking to construct it, that: (1) construction of the proposed levee would more effectively mitigate against flooding risk than an open floodplain or other flood risk reduction measures; (2) the proposed levee complies with federal, state, and local requirements, including mitigation of adverse impacts and implementation of floodplain management requirements, which shall include an evaluation of whether its construction, operation, and maintenance would continue to meet best available industry standards and practices, would be the most cost-effective measure to protect against the assessed flood risk, and minimizes future costs to the federal government; and (3) such government has provided an adequate maintenance plan that documents the procedures it will use to ensure that the stability, height, and overall integrity of the proposed levee and its structure and systems are maintained.
 
Requires: (1) a state, local, or tribal government that constructs such a levee to submit to the Administrator and the Chief of Engineers an annual certification indicating whether such government is in compliance with the maintenance plan; and (2) the Chief to review such certification and determine whether such government has complied with that plan.


Legislative actions:
action_date: 2012-07-23
text: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 126 - 254 (Roll no. 500). (text: CR H5105)
action_date: 2012-07-23
text: Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 126 - 254 (Roll no. 500).(text: CR H5105)
action_date: 2012-07-23
text: Considered as unfinished business. (consideration: CR H5115-5116)
action_date: 2012-07-23
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2012-07-23
text: DEBATE - The House proceeded with forty minutes of debate on S. 2039.
action_date: 2012-07-23
text: Considered under suspension of the rules. (consideration: CR H5105-5110)
action_date: 2012-07-23
text: Mr. Young (AK) moved to suspend the rules and pass the bill.
action_date: 2012-01-30
text: Referred to the Subcommittee on Water Resources and Environment.
action_date: 2012-01-27
text: Referred to the House Committee on Transportation and Infrastructure.
action_date: 2012-01-27
text: Received in the House.
action_date: 2012-01-26
text: Message on Senate action sent to the House.
action_date: 2012-01-26
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2012-01-26
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2012-01-26
text: Measure laid before Senate by unanimous consent. (consideration: CR S136-137)
action_date: 2012-01-26
text: Introduced in the Senate, read twice.
action_date: 2012-01-26
text: Introduced in Senate