[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3082 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 3082

   To establish a program to establish permanent features for flood 
control in areas in which temporary features have been constructed, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2019

 Mrs. Gillibrand (for herself, Ms. Ernst, and Mr. Grassley) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To establish a program to establish permanent features for flood 
control in areas in which temporary features have been constructed, 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. SHORT TITLE.

    This Act may be cited as the ``Local Expertise is Vital for 
Effective Embankments Act'' or the ``LEVEE Act''.

SEC. 2. ESTABLISHING PERMANENT FEATURES FROM EMERGENCY RESPONSE 
              MEASURES.

    (a) Definitions.--In this section:
            (1) Impacted community.--The term ``impacted community'' 
        means an entity that has received emergency flood fighting 
        assistance under section 5 of the Act of August 18, 1941 
        (commonly known as the ``Flood Control Act of 1941'') (55 Stat. 
        650, chapter 377; 33 U.S.C. 701n), that involved the 
        construction of a temporary structure.
            (2) Permanent feature.--The term ``permanent feature'' 
        means a structural or nonstructural measure typical in a flood 
        control project.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
            (4) Small or disadvantaged community.--The term ``small or 
        disadvantaged community'' means a community--
                    (A) with a population of less than 10,000; or
                    (B) that is--
                            (i) financially disadvantaged; and
                            (ii) at risk from repeat flooding events.
    (b) Evaluation of Temporary Structures.--Notwithstanding any other 
provision of law, on request of an impacted community, the Secretary 
shall evaluate whether the temporary structure warrants consideration 
for a permanent feature, in accordance with subsection (c).
    (c) Considerations.--In evaluating a temporary structure under 
subsection (b), the Secretary shall consider--
            (1) the likelihood that a similar structure will need to be 
        constructed in the area in the future if the temporary 
        structure, or a similar structure, is not made permanent;
            (2) the extent to which similar structures have been 
        constructed in the area previously and removed;
            (3) the economic, safety, and environmental benefits and 
        impacts of establishing a permanent feature in the watershed of 
        the impacted community;
            (4) the extent of the modifications necessary to make the 
        temporary structure a permanent feature; and
            (5) the costs of the modifications described in paragraph 
        (4).
    (d) Conversion of Temporary Structures.--
            (1) In general.--After the Secretary completes an 
        evaluation under subsection (b), if the Secretary determines 
        that the temporary structure should become a permanent feature, 
        or that a permanent feature would prevent damage similar to 
        damage prevented by the temporary structure, and subject to 
        paragraph (2), the Secretary shall begin the planning and 
        design of the permanent feature in accordance with all 
        applicable design and construction standards and legal 
        requirements of the Secretary, including all applicable 
        environmental laws.
            (2) Project cost.--
                    (A) In general.--The Secretary may carry out the 
                planning, design, and construction of a project 
                described in paragraph (1) if the total construction 
                cost of the project is not expected to exceed 
                $25,000,000.
                    (B) Large projects.--If the total construction cost 
                of a project described in paragraph (1) is expected to 
                be greater than $25,000,000, the Secretary--
                            (i) shall submit to Congress a request to 
                        carry out the project in a manner similar to a 
                        Chief's Report; and
                            (ii) may not carry out the project until 
                        Congress authorizes the construction of the 
                        project.
                    (C) Demolition.--Demolition of a temporary 
                structure under this section shall be subject to the 
                cost-share requirement under paragraph (3), but the 
                costs of that demolition shall not be included in the 
                total construction cost of the project under 
                subparagraphs (A) and (B).
            (3) Cost-share.--
                    (A) In general.--The non-Federal share of the cost 
                of carrying out a project under this section shall be 
                not more than 35 percent.
                    (B) Small or disadvantaged communities.--In the 
                case of a project carried out under this section in an 
                impacted community that is a small or disadvantaged 
                community, the Federal share of the cost of a project 
                may be up to 100 percent, based on the ability of the 
                community to pay.
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