110 HR 1587 IH: National Levee Safety Program Act of
U.S. House of Representatives
2007-03-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
National Levee Safety Program Act of
2007
.
2.In this Act, the following definitions
apply:
(1)The
term Board means the National Levee Safety Review Board
established under section 6(a).
(2)The
term Committee means the Interagency Committee on Levee Safety
established under section 5(a).
(3)
(A)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)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)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)The
term Secretary means the Secretary of the Army, acting through the
Chief of Engineers.
(6)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 agencyThe 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)The term United States, when used in a
geographical sense, means all of the States.
3.
(a)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)
(1)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)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)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)
(1)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 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
leveesFor 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)
(1)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)
(A)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 measuresThe 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)
(1)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)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.
4.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.
5.Interagency
Committee on Levee Safety
(a)There
is established a committee to be known as the Interagency Committee on
Levee Safety
.
(b)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)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.
6.National Levee
Safety Review Board
(a)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)
(1)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)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)
(1)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 agenciesIn 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)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)
(1)The Secretary, in consultation with the Board, may
establish working groups to assist the Board in carrying out this
section.
(2)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)
(1)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)A member of the Board who is not an officer or employee
of the United States shall serve without compensation.
(g)
(1)Representatives
of Federal agenciesTo 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)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 actThe Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Board.
7.National levee
safety program
(a)The Secretary, in consultation with the Committee, the
Board, and State levee safety agencies, shall establish and maintain a national
levee safety program.
(b)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)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)
(1)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 activitiesThe 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 activitiesThe 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)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)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)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)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)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)
(A)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)
(i)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)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
disapprovalIf 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)Using the expertise of the Board, the Secretary shall
periodically review State levee safety programs.
(B)Revocation of
program approvalIf 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)Not
later than January 1, 2008, 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.
8.
(a)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 agenciesIn 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.
9.Levee safety
training programThe 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.
10.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.
11.Authorization of
appropriationsThere is
authorized to be appropriated to the Secretary to carry out this Act
$10,000,000 for each of fiscal years 2008 through 2013. Such sums shall remain
available until expended.