[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4650 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4650

     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 Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives 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 
2005''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Board.--The term ``Board'' means the National Levee 
        Safety Review Board established under section 6(a).
            (2) Committee.--The term ``Committee'' means the 
        Interagency Committee on Levee Safety established under section 
        5(a).
            (3) Levee.--
                    (A) In general.--The term ``levee'' means an 
                embankment (including floodwalls)--
                            (i) the primary purpose of which is to 
                        provide hurricane and flood protection 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 drainage canals that are subject to 
                more frequent water loadings but that do not constitute 
                a barrier across a watercourse.
            (4) Federal agency.--The term ``Federal agency'' means a 
        Federal agency that designs, finances, constructs, owns, 
        operates, maintains, or regulates the construction, operation, 
        or maintenance of a levee.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            (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.

SEC. 3. INSPECTION 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 constructed by 
                the Secretary;
                    (B) each levee in the United States maintained by 
                the Secretary; and
                    (C) each levee located in a State identified by the 
                Governor of the State in a list transmitted to the 
                Secretary.
            (2) Exceptions.--Notwithstanding paragraph (1), in carrying 
        out the program under subsection (a), the Secretary shall not 
        be required to inspect--
                    (A) any levee that has been inspected by a State 
                levee safety agency during the 1-year period 
                immediately preceding the date of enactment of this 
                Act, if the Governor of the State requests 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 the failure of which would affect the 
State, the head of a Federal agency shall--
            (1) provide information to the State levee safety agency 
        relating to the construction, operation, or maintenance of the 
        levee; and
            (2) allow an official of the State levee safety agency to 
        participate in the inspection of the levee.
    (d) Determination.--
            (1) Inspection requirements.--For the purpose of 
        determining whether the failure a levee, including the release 
        of any water constrained by the levee, constitutes a danger to 
        human life or property, the Secretary shall take into 
        consideration the possibility that the levee may be in danger 
        of failing due to disparities in floodwall height or 
        construction materials, overtopping due to storm surges, 
        seepage, settlement, piping or internal erosion, sediment, 
        cracking, earth movement, earthquakes, hurricanes, the failure 
        of bulkheads or sheet walls, flashboards, gates or conduits, 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 section, the Secretary shall review the 
        determination, taking into consideration information most 
        recently available to the Secretary relating to--
                    (A) the likelihood that a storm surge would exceed 
                the designed level of protection of the levee; and
                    (B) the effect of wetlands erosion, subsidence, or 
                any other natural process on the vulnerability of the 
                area surrounding the levee to flooding or an extreme 
                weather event.
    (e) Inspection Results.--
            (1) Notice to states.--As soon as practicable after the 
        inspection of a levee, the Secretary shall notify the Governor 
        of the State in which such levee is located of the results of 
        the inspection.
            (2) Hazardous conditions.--
                    (A) Engineering studies.--In any case in which a 
                hazardous condition is found during an inspection of a 
                levee, the Secretary may perform, upon request of the 
                owner of the levee, detailed engineering studies to 
                determine the structural integrity of the levee, 
                subject to reimbursement of such expense by the owner.
                    (B) Notice and remedial measures.--The Secretary 
                shall--
                            (i) immediately notify the Governor of a 
                        State of a hazardous condition found during an 
                        inspection of a levee located in the State 
                        under subparagraph (A); and
                            (ii) provide to the Governor, upon request, 
                        advice relating to timely remedial measures 
                        necessary to mitigate or obviate the hazardous 
                        condition.
    (f) Priority List.--
            (1) In general.--Not later than August 1 of each year, the 
        Secretary shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        priority list of flood damage reduction studies and projects 
        that constitutes a ranking of studies and projects that should 
        be carried out, taking into consideration the results of any 
        inspection under this section.
            (2) Considerations.--In establishing the priority list 
        under paragraph (1), the Secretary shall consider--
                    (A) the potential risk to human life or the 
                environment if a study or project to address potential 
                flood damage is not carried out;
                    (B) the benefits of protecting critical 
                infrastructure and population centers; and
                    (C) the implementation of Federal guidelines 
                relating to levee safety.

SEC. 4. NATIONAL LEVEE INVENTORY.

    The Secretary may maintain and periodically publish an inventory of 
levees in the United States, including the results of any levee 
inspection conducted under section 3.

SEC. 5. INTERAGENCY COMMITTEE ON LEVEE SAFETY.

    (a) Establishment.--There is established a committee to be known as 
the ``Interagency Committee on Levee Safety''.
    (b) Membership.--The Committee shall be composed of 4 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 Secretary's 
        designee).
            (3) The Secretary of the Interior (or the Secretary's 
        designee).
            (4) The Director of the Federal Emergency Management Agency 
        (or the Director's designee).
    (c) Duties.--The Committee shall support the establishment and 
maintenance of effective Federal programs, policies, and guidelines to 
enhance levee safety for the protection of human life and property 
through coordination and information exchange among Federal agencies 
concerning the implementation of Federal guidelines relating to levee 
safety.

SEC. 6. NATIONAL LEVEE SAFETY REVIEW BOARD.

    (a) Establishment.--The Secretary shall establish an advisory 
board, to be known as the ``National Levee Safety Review Board'', to--
            (1) monitor the safety of levees in the United States;
            (2) monitor the implementation of this Act by State levee 
        safety agencies; and
            (3) advise the Secretary on policy relating to national 
        levee safety.
    (b) Membership.--
            (1) Voting members.--The Board shall be composed of 10 
        voting members as follows:
                    (A) The Secretary (or the Secretary's designee), 
                who shall serve as the chairperson of the Board.
                    (B) The Secretary of Agriculture (or the 
                Secretary's designee).
                    (C) The Secretary of the Interior (or the 
                Secretary's designee).
                    (D) The Administrator of the Environmental 
                Protection Agency (or the Administrator's designee).
                    (E) The Director of the Federal Emergency 
                Management Agency (or the Director's designee).
                    (F) 4 representatives of State levee safety 
                agencies, to be appointed by the Secretary.
                    (G) 1 representative of the private sector who has 
                expertise in levee safety, to be appointed by the 
                Secretary.
            (2) Nonvoting members.--The Secretary, in consultation with 
        the voting members of the Board, may invite to participate in 
        meetings of the Board as a nonvoting member--
                    (A) a representative of the National Laboratories;
                    (B) a representative of any Federal or State 
                agency; or
                    (C) a levee safety expert.
    (c) Duties.--
            (1) In general.--The Board shall support the establishment 
        and maintenance of effective programs, policies, and guidelines 
        to enhance levee safety for the protection of human life and 
        property throughout the United States.
            (2) Coordination and information exchange among agencies.--
        In carrying out paragraph (1), the Board shall support 
        coordination and information exchange among Federal agencies 
        and State levee safety agencies that share common problems and 
        responsibilities relating to levee safety, including planning, 
        design, construction, operation, emergency action planning, 
        inspections, maintenance, regulation or licensing, technical or 
        financial assistance, research, and data management.
    (d) Contracts.--The Board may use the expertise of Federal agencies 
and request the Secretary to enter into contracts for necessary studies 
to carry out this section.
    (e) Working Groups.--
            (1) In general.--The Secretary, in consultation with the 
        Board, may establish working groups to assist the Board in 
        carrying out this section.
            (2) Membership.--A working group under paragraph (1) shall 
        be composed of--
                    (A) members of the Board; and
                    (B) any other individual, as the Secretary 
                determines to be appropriate.
    (f) Compensation of Members.--
            (1) Federal employees.--A member of the Board who is an 
        officer or employee of the United States shall serve without 
        compensation in addition to compensation received for the 
        services of the member as an officer or employee of the United 
        States.
            (2) Other members.--A member of the Board who is not an 
        officer or employee of the United States shall serve without 
        compensation.
    (g) Travel Expenses.--
            (1) Representatives of federal agencies.--To the extent 
        amounts are made available in advance in appropriations Acts, a 
        member of the Board who represents a Federal agency shall be 
        reimbursed for travel expenses by the agency of the member, 
        including per diem in lieu of subsistence, at rates authorized 
        for an employee of an agency under subchapter I of chapter 57 
        of title 5, United States Code, while away from home or regular 
        place of business of the member in the performance of services 
        for the Board.
            (2) Other individuals.--To the extent amounts are made 
        available in advance in appropriations Acts, a member of the 
        Board who represents a State levee safety agency, a member of 
        the Board who represents the private sector, and a member of a 
        working group created under subsection (e) shall be reimbursed 
        for travel expenses by the Secretary, 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 home or regular place of business 
        of the member in performance of services for the Board.
    (h) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.

SEC. 7. NATIONAL LEVEE SAFETY PROGRAM.

    (a) In General.--The Secretary, in consultation with the Committee, 
the Board, and State levee safety agencies, shall establish and 
maintain a national levee safety program.
    (b) Purposes.--The purposes of the program under this section are--
            (1) to ensure that new and existing levees are safe through 
        the development of technologically and economically feasible 
        programs and procedures for hazard reduction relating to 
        levees;
            (2) to encourage acceptable engineering policies and 
        procedures to be used for levee site investigation, design, 
        construction, operation and maintenance, and emergency 
        preparedness;
            (3) to encourage the establishment and implementation of 
        effective levee safety programs in each State based on State 
        standards;
            (4) to develop and support public education and awareness 
        projects to increase public acceptance and support of State 
        levee safety programs;
            (5) to develop technical assistance materials for Federal 
        and State levee safety programs;
            (6) to develop methods of providing technical assistance 
        relating to levee safety to non-Federal entities; and
            (7) to develop technical assistance materials, seminars, 
        and guidelines to improve the security of levees in the United 
        States.
    (c) Strategic Plan.--In carrying out the program under this 
section, the Secretary shall--
            (1) prepare a strategic plan to achieve the purposes of the 
        program under this section; and
            (2) not later than 120 days after the date of enactment of 
        this Act, transmit the plan to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate.
    (d) Federal Guidelines.--
            (1) In general.--In carrying out the program under this 
        section, the Secretary, in consultation with the Board, shall 
        establish Federal guidelines relating to levee safety.
            (2) Incorporation of federal activities.--The Federal 
        guidelines under paragraph (1) shall incorporate, to the 
        maximum extent practicable, activities and practices carried 
        out by a Federal agency as of the date on which the guidelines 
        are established.
            (3) Incorporation of state and local activities.--The 
        program under this section shall incorporate, to the maximum 
        extent practicable--
                    (A) the activities and practices carried out by 
                States, local governments, and the private sector to 
                safely build, regulate, operate, and maintain levees; 
                and
                    (B) Federal activities that foster State efforts to 
                develop and implement effective programs for the safety 
                of levees.
    (e) Assistance for State Levee Safety Programs.--
            (1) In general.--To encourage the establishment and 
        maintenance of effective State programs intended to ensure 
        levee safety, to protect human life and public property, and to 
        improve State levee safety programs, the Secretary shall 
        provide assistance, using amounts made to carry out this Act, 
        to assist States in establishing and carrying out levee safety 
        programs.
            (2) Criteria.--To be eligible for assistance under this 
        subsection, a State shall have in effect a State levee safety 
        program under which the State levee safety agency shall, in 
        accordance with State law--
                    (A) review and approve plans and specifications to 
                construct, enlarge, modify, remove, and abandon levees;
                    (B) perform periodic inspections during levee 
                construction to ensure compliance with approved plans 
                and specifications;
                    (C) require or perform the inspection, at least 
                once every 5 years, of all levees that would pose a 
                significant threat to human life and public property in 
                case of failure to determine the continued safety of 
                the levees and a procedure for more detailed and 
                frequent safety inspections;
                    (D) require that all inspections of levees be 
                performed under the supervision of a State-registered 
                professional engineer with related experience in levee 
                design and construction;
                    (E) issue notices, when appropriate, to require 
                owners of levees to perform necessary maintenance or 
                remedial work, improve security, revise operating 
                procedures, or take other actions, including breaching 
                levees when necessary;
                    (F) provide necessary funds--
                            (i) to ensure timely repairs or other 
                        changes to, or removal of, a levee in order to 
                        protect human life and public property; and
                            (ii) if the owner of the levee does not 
                        take an action described in clause (i), to take 
                        appropriate action as expeditiously as 
                        practicable;
                    (G) establish a system of emergency procedures to 
                be used if a levee fails or if the failure of a levee 
                is imminent;
                    (H) identify--
                            (i) each levee the failure of which could 
                        be reasonably expected to endanger human life;
                            (ii) the maximum area that could be flooded 
                        if the levee failed; and
                            (iii) necessary public facilities that 
                        would be affected by the flooding; and
                    (I) issue regulations to carry out the program.
            (3) Budgeting requirement.--To be eligible for assistance 
        under this subsection, a State shall allocate sufficient funds 
        in its budget to carry out a State levee safety program.
            (4) Work plans.--The Secretary shall enter into an 
        agreement with each State receiving assistance under this 
        subsection to develop a work plan necessary for the State levee 
        safety program to reach a level of program performance 
        specified in the agreement.
            (5) Maintenance of effort.--Assistance may not be provided 
        to a State under this subsection for a fiscal year unless the 
        State enters into such agreement with the Secretary as the 
        Secretary requires to ensure that the State will maintain the 
        aggregate expenditures of the State from all other sources for 
        programs to ensure levee safety for the protection of human 
        life and property at or above a level equal to the average 
        annual level of such expenditures for the 2 fiscal years 
        preceding the fiscal year.
            (6) Approval of programs.--
                    (A) Submission.--To be eligible for assistance 
                under this subsection, a State shall submit to the 
                Secretary a State levee safety program and receive the 
                Secretary's approval of the program.
                    (B) Approval.--
                            (i) In general.--If the Secretary 
                        determines that a program submitted by a State 
                        under subparagraph (A) substantially meets the 
                        requirements of this subsection, the Secretary 
                        shall approve the program and immediately 
                        notify the State in writing of the approval.
                            (ii) Deemed approval.--A program submitted 
                        by a State under subparagraph (A) shall be 
                        deemed to be approved by the Secretary on the 
                        120th day following the date of the Secretary's 
                        receipt of the program unless the Secretary 
                        before such 120th day approves or disapproves 
                        the program.
                    (C) Notification of disapproval.--If the Secretary 
                determines that a program submitted by a State under 
                subparagraph (A) does not substantially meet the 
                requirements of this subsection, the Secretary shall 
                disapprove the program, immediately notify the State in 
                writing of the disapproval, and provide the reasons for 
                the disapproval and the changes that are necessary for 
                the program to be approved.
            (7) Reviews of state levee safety programs.--
                    (A) Periodic reviews.--Using the expertise of the 
                Board, the Secretary shall periodically review State 
                levee safety programs.
                    (B) Revocation of program approval.--If the Board 
                finds that a State levee safety program has proven 
                inadequate to reasonably protect human life and public 
                property and the Secretary concurs, the Secretary shall 
                revoke approval of the State levee safety program, and 
                withhold assistance under this subsection, until the 
                State levee safety program again substantially meets 
                the requirements for approval.
    (f) Report.--Not later than January 1, 2007, and every 2 years 
thereafter, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report 
describing--
            (1) the status of the program under this section;
            (2) the progress made by Federal agencies during the 2 
        preceding fiscal years in implementing Federal guidelines for 
        levee safety;
            (3) the progress made by State levee safety agencies 
        participating in the program; and
            (4) recommendations for legislative or other action that 
        the Secretary considers to be necessary, if any.

SEC. 8. RESEARCH PROGRAM.

    (a) In General.--The Secretary, in cooperation with the Board, 
shall carry out a program of technical and archival research to develop 
and support--
            (1) improved techniques, historical experience, and 
        equipment for rapid and effective levee construction, 
        rehabilitation, and inspection;
            (2) the development of devices for the continued monitoring 
        of levee safety;
            (3) the development and maintenance of information 
        resources systems required to manage levee safety projects; and
            (4) public policy initiatives and other improvements 
        relating to levee safety engineering, security, and management.
    (b) Participation by State Levee Safety Agencies.--In carrying out 
the program under subsection (a), the Secretary shall--
            (1) solicit participation from State levee safety agencies; 
        and
            (2) periodically update State levee safety agencies, the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives, and the Committee on Environment and Public 
        Works of the Senate on the status of the program.

SEC. 9. LEVEE SAFETY TRAINING PROGRAM.

    The Secretary shall establish a program under which the Secretary 
shall provide, upon request of a State that has (or intends to develop) 
a State levee safety program, training for State levee safety agency 
staff and inspectors.

SEC. 10. EFFECT OF ACT.

    Nothing in this Act--
            (1) creates any liability of the United States or its 
        officers or employees for the recovery of damages caused by an 
        action or failure to act; or
            (2) relieves an owner or operator of a levee of a legal 
        duty, obligation, or liability incident to the ownership or 
        operation of a levee.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out this Act $10,000,000 for each of fiscal years 2007 through 2012. 
Such sums shall remain available until expended.
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