[Congressional Record Volume 158, Number 12 (Thursday, January 26, 2012)]
[Senate]
[Page S135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1469. Mr. REID (for Mrs. Boxer) proposed an amendment to the bill 
S. 2039, to allow a State or local government to construct levees on 
certain properties otherwise designated as open space lands; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. LEVEES.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (2) the term ``covered hazard mitigation land'' means 
     land--
       (A) acquired and deed restricted under section 404(b) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170c(b)) before, on, or after the 
     date of enactment of this Act; and
       (B) that is located--
       (i) in North Dakota; and
       (ii) in a community that--

       (I) is participating in the National Flood Insurance 
     Program on the date on which a State, local, or tribal 
     government submits an application requesting to construct a 
     permanent flood risk reduction levee under subsection (b); 
     and
       (II) certifies to the Administrator and the Chief of 
     Engineers that the community will continue to participate in 
     the National Flood Insurance Program.

       (b) Authority.--Notwithstanding clause (i) or (ii) of 
     section 404(b)(2)(B) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 
     5170c(b)(2)(B)), the Administrator shall approve the 
     construction of a permanent flood risk reduction levee by a 
     State, local, or tribal government on covered hazard 
     mitigation land if the Administrator and the Chief of 
     Engineers determine, through a process established by the 
     Administrator and Chief of Engineers and funded entirely by 
     the State, local, or tribal government seeking to construct 
     the proposed levee, that--
       (1) construction of the proposed permanent flood risk 
     reduction levee would more effectively mitigate against 
     flooding risk than an open floodplain or other flood risk 
     reduction measures;
       (2) the proposed permanent flood risk reduction levee 
     complies with Federal, State, and local requirements, 
     including mitigation of adverse impacts and implementation of 
     floodplain management requirements, which shall include an 
     evaluation of whether the construction, operation, and 
     maintenance of the proposed levee would continue to meet best 
     available industry standards and practices, would be the most 
     cost-effective measure to protect against the assessed flood 
     risk and minimizes future costs to the federal government;
       (3) the State, local, or tribal government seeking to 
     construct the proposed levee has provided an adequate 
     maintenance plan that documents the procedures the State, 
     local, or tribal government will use to ensure that the 
     stability, height, and overall integrity of the proposed 
     levee and the structure and systems of the proposed levee are 
     maintained, including--
       (A) specifying the maintenance activities to be performed;
       (B) specifying the frequency with which maintenance 
     activities will be performed;
       (C) specifying the person responsible for performing each 
     maintenance activity (by name or title);
       (D) detailing the plan for financing the maintenance of the 
     levee; and
       (E) documenting the ability of the State, local, or tribal 
     government to finance the maintenance of the levee.
       (c) Maintenance Certification.--
       (1) In general.--A State, local, or tribal government that 
     constructs a permanent flood risk reduction levee under 
     subsection (b) shall submit to the Administrator and the 
     Chief of Engineers an annual certification indicating whether 
     the State, local, or tribal government is in compliance with 
     the maintenance plan provided under subsection (b)(3).
       (2) Review.--The Chief of Engineers shall review a 
     certification submitted under paragraph (1) and determine 
     whether the State, local, or tribal government has complied 
     with the maintenance plan.

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