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







                                                 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 Committee 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.

    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 
2006''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Board.--The term ``Board'' means the National Levee 
        Safety Advisory Board established under section 4(d).
            (2) Committee.--The term ``Committee'' means the 
        Interagency Committee on Levee Safety established 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 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 canals that constrain water 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 entity'' means a 
        Federal agency or entity 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.
            (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 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 constructed by 
                the Secretary;
                    (B) each levee in the United States maintained by 
                the Secretary;
                    (C) each levee constructed by a Federal entity 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 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 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, operation, or 
        maintenance of the levee.
    (d) Determination.--
            (1) Inspection requirements.--For the purpose of 
        determining whether the failure of 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 flooding or storm 
        surges, seepage, settlement, piping or internal erosion, 
        cracking, 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 section, the Secretary shall review the 
        determination, taking into consideration information most 
        recently available to the Secretary relating to the matters 
        referred 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 Secretary shall 
        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 of the results of the inspection.
            (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 relating 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 Transportation and Infrastructure of the House of 
        Representatives 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 section 
                5(e)(2)(H).
            (2) Considerations.--In determining the risk a levee poses 
        under paragraph (1)(A), the Secretary shall consider the 
        condition of the levee and the potential 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 
                responsible 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 committee 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 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).
            (5) The United States Commissioner of the International 
        Boundary and Water Commission (or the Commissioner'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 and between Federal 
and non-Federal entities concerning the implementation of Federal 
guidelines relating to levee safety.
    (d) National Levee Safety Advisory Board.--
            (1) Establishment.--The Committee shall establish an 
        advisory board, to be known as the ``National 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:
                    (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 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.
                    (B) Coordination and information exchange among 
                agencies.--In carrying out subparagraph (A), the Board 
                shall assist the Committee in coordination and 
                information exchange 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, inspections, maintenance, 
                regulation or licensing, technical 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 performance of 
        services for the Board.
            (6) Applicability of federal advisory committee 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 establish 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 protected by new 
        and existing levees are safe through the development of 
        technologically, economically, socially, and environmentally 
        feasible programs and procedures for hazard reduction and 
        mitigation 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;
            (4) to develop and support public education and awareness 
        projects to increase public acceptance and support of State 
        levee safety programs;
            (5) to build public awareness of the residual risks 
        associated with living in levee protected areas;
            (6) to develop technical assistance materials for Federal 
        and State levee safety programs;
            (7) to develop methods of providing technical assistance 
        relating to levee safety to non-Federal entities; and
            (8) 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) transmit, not later than 120 days after the date of 
        enactment of this Act, 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 Committee, 
        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 entity 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 property and to improve 
        State levee safety programs, the Secretary shall provide 
        assistance, using amounts made available 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 be in the process of establishing or 
        have in effect a State levee safety program under which the 
        State levee safety agency, in accordance with State law, 
        shall--
                    (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 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 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 from State sources or 
                by requiring levee owners to pay for timely repairs or 
                other changes to, or removal of, a levee in order to 
                protect human life and property;
                    (G) establish a system of emergency procedures to 
                be used by the State, or required to be used by levee 
                owners, if a levee fails or the failure of a levee is 
                imminent;
                    (H) identify and provide information to the 
                Secretary on--
                            (i) each levee the failure of which could 
                        be reasonably expected to endanger human life 
                        and property;
                            (ii) the maximum area that could be flooded 
                        if the levee failed; and
                            (iii) critical public facilities that would 
                        be affected by the flooding, including costs 
                        and consequences of the flooding; and
                    (I) issue regulations necessary 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.--The Secretary shall 
                periodically review State levee safety programs.
                    (B) Revocation of program approval.--If the 
                Secretary finds that a State levee safety program has 
                proven inadequate to reasonably protect human life and 
                property, 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 entities during the 2 
        preceding fiscal years in implementing Federal guidelines 
        relating to 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. 6. RESEARCH PROGRAM.

    (a) In General.--The Secretary, in cooperation with the Committee, 
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, 
        maintenance, 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. 7. LEVEE SAFETY TRAINING PROGRAM.

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

SEC. 8. 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. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out this Act $15,000,000 for each of fiscal years 2007 through 2012. 
Such sums shall remain available until expended.
                                                 Union Calendar No. 350

109th CONGRESS

  2d Session

                               H. R. 4650

                          [Report No. 109-609]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             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