[Congressional Record (Bound Edition), Volume 158 (2012), Part 1]
[Senate]
[Pages 393-394]
[From the U.S. Government Publishing Office, www.gpo.gov]




        ALLOWING A STATE OR LOCAL GOVERNMENT TO CONSTRUCT LEVEES

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 2039, introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2039) to allow a State or local government to 
     construct levees on certain properties otherwise designated 
     as open space lands.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Mr. President, I ask unanimous consent that the Boxer 
substitute amendment be agreed to, the bill, as amended, be read a 
third time and passed, the motion to reconsider be laid upon the table, 
and that any statements relating to this matter be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1469) was agreed to, as follows:

                (Purpose: In the nature of a substitute)

       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

[[Page 394]]

     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.

  The bill (S. 2039), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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