I 118th CONGRESS 1st Session H. R. 5722 IN THE HOUSE OF REPRESENTATIVES September 26, 2023 Mrs. Miller of Illinois (for herself, Mr. Bost , Mr. Sorensen , and Mr. LaHood ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the Corps of Engineers to update Upper Mississippi River levee and floodwall design standards, and for other purposes.

1. Upper Mississippi River levee and floodwall design standards (a) Updates required (1) In general In carrying out the Upper Mississippi River levee and floodwall projects, the Secretary of the Army, acting through the Chief of Engineers, shall not less frequently than every 20 years update the design probabilities used to establish the design profiles for levees and floodwalls, using the most recent probabilities and flood frequency profiles and current appropriate factors of safety as needed for wave action, settlement, other existing and anticipated future uncertainties, and Federal Emergency Management Agency guidelines to maintain accreditations. (2) Contents In updating the design probabilities under paragraph (1), the Secretary shall obtain public input at each stage of development, including base elevation data, base hydrological and hydraulic assumptions, and shall utilize a public involvement group for meaningful public engagement throughout the development of the updated flood frequency profiles. (b) Uniform flood protection Local sponsors of the Upper Mississippi River levee and floodwall projects in paragraph (b) may maintain flood protection at levels consistent with the profiles established under subsection (a) such that— (1) the maintenance for Uniform Flood Protection is hereby deemed as not injurious to the federally authorized flood protection project, and no change in risk transfer from original Corps of Engineers probability-based design, and previously approved alterations approved pursuant to section 208.10 of title 33, Code of Federal Regulations, prior to 33 USC 408 EC 1165–2–216 dated 31, July 2014; (2) alterations to the Upper Mississippi River levee and floodwall projects made prior to July 31, 2014, having met the standard established by section 208.10 of title 33, Code of Federal Regulations, are hereby federally authorized; (3) repairs made by the United States of America pursuant to section 5 of the Flood Control Act of 1941 ( 33 U.S.C. 701n ) shall be consistent with the most recent probabilities and flood frequency profiles and appropriate factors of safety; (4) maintenance under this section shall include local sponsor alteration or improvement of the Upper Mississippi River levee and floodwall projects to the prior approved level of protection using the profiles established under subsection (a); (5) maintenance to meet current flood frequency profiles shall be within section 208.10 of title 33, Code of Federal Regulations, and coordinated with the local sponsor’s respective St. Louis or Rock Island Corps of Engineers District, to preserve the existing and prior approved systemic flood damage reduction planning, in general of rural areas protected to the 2 percent probability event, districts protecting combination urban, critical infrastructure, and rural areas at 1 percent and districts protecting highly industrial or all urban at 0.2 percent levels, as prior Corps of Engineers approved; and (6) maintenance to meet current flood frequency profiles are voluntary and shall be the local sponsor’s responsibility at local sponsor’s cost. (c) Project defined In this section, the term Upper Mississippi River levee and floodwall projects means the federally authorized projects for flood protection on the Upper Mississippi River that include— (1) levees or floodwalls in the region from Hamburg, Illinois, to Guttenberg, Iowa; (2) levees in the region from Cape Girardeau, Missouri, to Hamburg, Illinois; and (3) federally improved levees with local sponsors.