[Congressional Record Volume 158, Number 20 (Tuesday, February 7, 2012)]
[Senate]
[Page S385]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            FLOOD PROTECTION

  Mr. HOEVEN. Mr. President, I thank my colleagues for their help in 
passing S. 2039 by unanimous consent last month. This bill, which 
establishes a pilot program in North Dakota, will provide a great deal 
of help to citizens in my State.
  I sponsored this legislation because Federal policy has stood in the 
way of flood protection measures necessary for communities in North 
Dakota. I want to highlight a couple of situations, one in Fargo and 
one in Minot, that illustrate the need for this bill.
  First, Fargo, ND, has faced repeated flooding in the Red River, which 
runs through the heart of the city. The city has constructed a 
permanent levee to run along as much of the river as possible. However, 
over the years, some properties along the river bank were bought out 
using funds from FEMA's Hazard Mitigation Grant Program. HMGP 
guidelines prohibit the construction of any structure, including a 
levee, on land bought out under the program. So as a result, Fargo's 
levee stops every time it comes up to HMGP land. When the waters rise, 
the city builds a temporary extension of its levee that goes over the 
HMGP land and connects to the next section of the permanent levee, and 
when the waters recede, the city has to take down the temporary levee 
to remain in compliance with the HMGP no-construction policy. Year 
after year, Fargo has constructed and then removed several temporary 
levees at great expense and for no apparent reason other than the 
letter of the HMGP law.
  Second, Minot, ND, is about to run into the same problem currently 
facing Fargo. As my colleagues know, Minot faced enormous flooding 
during the summer of 2011, losing thousands of homes and sustaining 
hundreds of millions in damages. In response, the city plans to build a 
major new flood protection system, including levees through the middle 
of town along the river. In order to build that system, Minot will have 
to buy out dozens of properties and create space for a levee. The 
Federal Government will make money available through the HMGP program 
for property buyouts, but we are unable to use it if spending it 
precludes construction of a levee on these properties.
  In both cases, the solution is simply to permit levee construction on 
property purchased with HMGP funds. HMGP restrictions on construction 
were intended to ensure that the Federal Government would not be on the 
hook to pay for future flood damages on property it had bought out. For 
the most part, that makes sense. But when a community wants to add 
flood protection in the form of a levee, it should be allowed to do so. 
A levee across HMGP-purchased land does not create future liabilities 
for the Federal Government; instead, it increases flood protection for 
local residents--something that will save the government money in 
future flood situations.
  The text of S. 2039 allows for levee construction on North Dakota 
land purchased through the Hazard Mitigation Grant Program. The 
legislation directs the FEMA Administrator to approve construction of a 
levee on HMGP land after the Administrator determines that the levee 
would provide better flood risk mitigation than maintaining the 
property as open space. The Administrator is also directed to ensure 
that the levee would comply with relevant levee construction and 
maintenance standards and would minimize future costs to the Federal 
Government.
  And I would like to put particular emphasis on the subject of costs 
to the Federal Government. This legislation does not affect the amounts 
of money provided under the HMGP program. It does, however, allow 
communities like Minot to use HMGP dollars more efficiently by 
permitting property buyouts to be linked with new flood protection 
plans. The legislation eliminates the costs FEMA and the Army Corps of 
Engineers incur every time they are forced to build and then tear down 
temporary levees on HMGP properties. Finally, the legislation ensures 
that any costs associated with the process the FEMA Administrator and 
the Army Corps Chief of Engineers use to approve levee construction are 
borne by the State, local, or tribal government requesting the levee. 
Any Federal funds approved elsewhere of course remain available for 
levee construction and are not affected by this legislation.
  S. 2039 has moved on to the House of Representatives where I hope it 
can be approved expeditiously and sent to the President. The bill will 
provide important benefits to the people of Fargo, Minot, Devils Lake, 
and other North Dakota communities facing repeated flood risks. I thank 
my colleagues for their support of this common sense legislation, and I 
hope it can be an example of how to improve flood protection 
nationwide.

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