[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3251 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3251

To ensure that Federal assistance provided under the Robert T. Stafford 
 Disaster Relief and Emergency Assistance Act for the construction of 
     certain emergency levees is not conditioned on the subsequent 
   dismantlement of those levees, except as provided for in a status 
                  certificate, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 24, 2011

   Mr. Kline (for himself, Mr. Peterson, Mr. Long, and Mr. Boswell) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To ensure that Federal assistance provided under the Robert T. Stafford 
 Disaster Relief and Emergency Assistance Act for the construction of 
     certain emergency levees is not conditioned on the subsequent 
   dismantlement of those levees, except as provided for in a status 
                  certificate, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ASSISTANCE FOR CERTAIN EMERGENCY LEVEES.

    (a) In General.--Notwithstanding any other provision of law, 
Federal assistance provided under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), if for 
the construction of a covered levee, may not be conditioned on the 
dismantlement of the covered levee, except as provided for in a status 
certificate.
    (b) Provision of Status Certificates.--The Secretary of the Army, 
acting through the Chief of Engineers, shall provide a status 
certificate for each covered levee constructed with Federal assistance 
provided under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.).
    (c) Definitions.--In this section, the following definitions apply:
            (1) Covered levee.--The term ``covered levee'' means a 
        levee or similar structure constructed--
                    (A) in response to a major disaster or emergency; 
                and
                    (B) in an area in which at least 1 other levee or 
                similar structure was constructed in response to a 
                major disaster or emergency, and subsequently 
                dismantled, during the 10-year period preceding the 
                date on which the President declares the major disaster 
                or emergency applicable for purposes of subparagraph 
                (A).
            (2) Major disaster or emergency.--The term ``major disaster 
        or emergency'' means a major disaster or emergency declared to 
        exist by the President under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170).
            (3) Status certificate.--The term ``status certificate'' 
        means a written determination by the Secretary of the Army, 
        acting through the Chief of Engineers, that a levee or similar 
        structure--
                    (A) is either--
                            (i) constructed in a manner that satisfies 
                        standards applicable to a permanent levee or 
                        similar structure;
                            (ii) not constructed in a manner that 
                        satisfies standards described in clause (i), 
                        but there is an adequate plan for improvements 
                        to ensure that such standards will be 
                        satisfied; or
                            (iii) not constructed in a manner that 
                        satisfies standards described in clause (i) and 
                        there is no adequate plan for improvements to 
                        ensure that such standards will be satisfied; 
                        and
                    (B) may safely remain in place--
                            (i) subject to conditions specified; and
                            (ii) for a period of time specified.
                                 <all>