[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Notices]
[Pages 3286-3289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01159]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Notice of Solicitation of Applications for Stakeholder 
Representative Members of the Committee on Levee Safety

AGENCY: U.S. Army Corps of Engineers, Department of Defense (DoD).

ACTION: Notice.

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SUMMARY: The Assistant Secretary of the Army for Civil Works (ASACW) is 
soliciting applications to fill non-federal stakeholder representative 
member positions for the Committee on Levee Safety (Committee) in 
accordance with the National Levee Safety Program. The Committee on 
Levee Safety is being formed to advise the U.S. Army Corps of Engineers 
(Corps) and the Federal Emergency Management Agency (FEMA) on various 
aspects of developing the National Levee Safety Program. The Committee 
will be comprised of 14 voting members from state, local, regional, and 
tribal governments, as well as the private sector. This notice provides 
expectations for Committee members and announces the process for 
applying for membership on the Committee.

DATES: Applications must be submitted on or before March 22, 2022.

ADDRESSES: Interested persons may apply by submitting the required 
information to any of the following:
    Email: [email protected] and include ``Committee on 
Levee Safety'' in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Vicksburg District, ATTN: Levee 
Safety Center--RM 221, 4155 East Clay Street, Vicksburg, MS 39183.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive applications by hand delivery or courier.

FOR FURTHER INFORMATION CONTACT: Ms. Tammy Conforti, 202-365-6586, 
email [email protected] or visit www.leveesafety.org.

SUPPLEMENTARY INFORMATION:
    Purpose: The purpose of the Committee is to offer advice and 
recommendations on the effectiveness of the National Levee Safety 
Program. This Committee will be established under the authority of 33 
U.S.C. 3302. Associated with the initial development of key 
deliverables for the establishment of the National Levee Safety 
Program, the Committee will provide advice to the U.S. Army Corps of 
Engineers (USACE) and the Federal Emergency Management Agency (FEMA) on 
a broad range of issues, topics, or alternatives as determined as 
needed by both agencies in conjunction with the program development 
efforts being led by both agencies.
    Committee Duties: The following are the anticipated duties of the 
Committee.
    (1) Provide feedback on broader stakeholder engagement approaches 
including identification of stakeholders and networks to be included.
    (2) Publicize opportunities to participate in formal and informal 
stakeholder engagement activities.
    (3) Strive to provide consensus advice on program and product 
scope, assumptions, criteria, and content for key deliverables.
    (4) Provide feedback on approaches and materials to communicate 
program objectives and benefits to potential beneficiaries.
    (5) Help identify and avoid implementation challenges that can be 
worked into the design of a program or implementation approach.
    Non-voting Members: The following are the non-voting members of the 
Committee.
    (1) The Assistant Secretary of the Army for Civil Works (ASACW) (or 
a designee of the ASACW) to represent the U.S. Army Corps of Engineers 
(USACE).
    (2) The Administrator of the Federal Emergency Management Agency 
(FEMA) (or a designee of the Administrator) to represent FEMA.
    Voting Members: The following are the voting members of the 
Committee to be appointed by the ASACW.
    (1) Eight representatives of state levee safety agencies, defined 
as current state government employees of a state agency that has 
regulatory authority over the safety of any non-federal levee in the 
state. For purposes of the Committee on Levee Safety, ``state'' is 
defined to include the fifty states, the District of Columbia, 
Commonwealth of Puerto Rico, and any other territory or possession of 
the United States. Regulatory authority refers to the ability to 
promulgate or enforce regulations for non-federal levees. There shall 
be one state representative from each of the geographical boundaries of 
the following eight civil works divisions of USACE:

 Great Lakes and Ohio River Division
 Mississippi Valley Division
 North Atlantic Division
 Northwestern Division
 Pacific Ocean Division
 South Atlantic Division
 South Pacific Division

[[Page 3287]]

 Southwestern Division

    The USACE eight civil works division boundaries can be found at: 
www.usace.army.mil/locations.
    (2) Two representatives of the private sector defined as those who 
are currently not directly employed by a public governmental entity, 
such as federal, state, local, or regional government or tribe. Private 
sector representatives can be working for public governmental entities 
through contractual or other types of agreements. Private sector 
representatives can be currently employed, retired, or affiliated with 
a nongovernmental organization.
    (3) Two representatives of local or regional governmental agencies 
defined as current local or regional government employees of any 
subdivision within a state as defined by state law. For example, this 
could be a city, county, or other subdivision of a state.
    (4) Two representatives of tribes defined as a member or direct 
employee of a federally recognized tribe or person identified by a 
federally recognized tribe to represent them.
    Terms of Voting Members: A voting member of the Committee can be 
appointed for a term of up to 3 years. Initial term appointments will 
be determined by the ASACW with the option to reappoint members as the 
ASACW deems appropriate. Initial term appointments will be staggered 
based on the following requirements.
    (1) 5 members shall be appointed for a term of 1 year;
    (2) 5 members shall be appointed for a term of 2 years; and
    (3) 4 members, one state, private sector, local/regional, and 
tribal representative, shall be appointed for a term of 3 years.
    Replacements or Vacancies: Appointed members may not provide their 
own alternate or replacement member. In cases in which an appointed 
member is not able to complete their full term and it is within less 
than 2 years of the member's original appointment date, the ASACW may 
select a replacement from the current list of applicants if the 
applicant is still interested and willing to serve on the Committee. 
Otherwise, a vacancy on the Committee shall be filled in the same 
manner as the original appointment was made.

Compensation

    (1) Each member of the Committee who is an officer or employee of 
the United States shall serve without compensation in addition to 
compensation received for the services of the member as an officer or 
employee of the United States; but shall be allowed a per diem 
allowance and reimbursable expenses for travel, as authorized for an 
employee of an agency under subchapter I of chapter 57 of title 5, 
while away from the home or regular place of business of the member in 
the performance of the duties of the Committee.
    (2) Each member of the Committee who is not an officer or employee 
of the United States shall receive a stipend of $100 per business day 
to participate in full Committee meetings that are formally convened by 
USACE and FEMA and in coordination with the Committee Chairperson. 
Meeting durations must be a minimum of one full business day or more, 
not including travel time, to receive the stipend. In addition, non-
federal members shall be allowed a per diem allowance and reimbursable 
expenses, as authorized for an employee of an agency under subchapter I 
of chapter 57 of title 5, while away from the home or official worksite 
of the member in the performance of services for the Committee for 
meetings convened by USACE and FEMA in coordination with the 
Chairperson.
    Conflict of Interest: Committee members cannot be part of any 
transaction in which a member has a direct or indirect personal 
financial interest or will obtain an economic benefit as a result of 
their participation on the Committee.
    COVID-19 Vaccination: Each Committee member will be required to 
show proof of vaccination against COVID-19 to enable attendance at any 
in-person meeting convened by USACE and FEMA for the purposes of the 
National Levee Safety Program, including Committee meetings, public 
meetings, and meetings held in Federal buildings.
    Membership Responsibilities: Committee members will not be 
responsible for developing program deliverables or making directional 
decisions for the National Levee Safety Program; however, all members 
will be expected to fulfill the following list of responsibilities. In 
cases in which a member cannot fulfill these responsibilities, the 
ASACW reserves the right to replace the Committee member.
    (1) Strive to understand the widest possible range of diverse 
perspectives.
    (2) Serve as a liaison with the various stakeholder groups 
represented to bring diverse viewpoints and interests into 
consideration.
    (3) Enhance awareness of the National Levee Safety Program through 
each members' professional networks.
    (4) Assist with developing balanced, acceptable solutions across 
stakeholder groups who may have competing or perceived to be competing 
interests.
    (5) Be active participants in all Committee meetings, limiting 
distractions and other work to the maximum extent possible. Notify the 
Chairperson if attendance at a Committee meeting is not possible.
    (6) Dedicate time to review materials provided in advance of each 
meeting.
    Committee Chairperson: The voting members of the Committee shall 
appoint a Chairperson from among the voting members of the Committee. 
The Chairperson shall serve a term of not more than 2 years. The 
following will be the responsibilities of the Chairperson.
    (1) The Chairperson serves as the Committee representative for 
coordination with USACE and FEMA on topics or products in which the 
Committee will provide advice and development of meeting schedules and 
agendas.
    (2) The Chairperson will foster an environment of collaboration in 
order to understand the widest possible range of diverse perspectives, 
while avoiding extensive focus on any one specific perspective.
    (3) The Chairperson presides over the Committee to ensure the 
purpose and goals of the Committee are accomplished.
    (4) The Chairperson presides over all Committee meetings to ensure 
meeting purposes are met.
    (5) The Chairperson will lead the Committee to work towards 
consensus advice or recommendations that support a National approach to 
levee safety.
    (6) The Chairperson has the ability to appoint a vice-Chairperson 
from the voting members to assume the duties of the Chairperson in 
cases of unexpected absences.

Subcommittees or Work Groups

    (1) The Committee may form temporary subcommittees or ad-hoc work 
groups comprised of volunteers from all levels of government and the 
private sector to provide advice on specific issues relevant to the 
National Levee Safety Program. The Committee shall seek concurrence 
from the non-voting member appointed by the ASACW to form a 
subcommittee or working group and its membership.
    (2) Members of subcommittees or work groups must present their work 
to the Committee for full deliberation and discussion.
    (3) Subcommittees or work groups have no authority to make 
decisions on behalf of the Committee.

[[Page 3288]]

    (4) Members of subcommittees or work groups shall not be part of 
any transaction in which they have a direct or indirect personal 
financial interest or will obtain an economic benefit as a result of 
their service to the Committee, subcommittee, or working group.
    (5) No compensation will be provided to members of subcommittees or 
work groups.

Non-Voting Member Responsibilities (USACE and FEMA)

    (1) Coordinate with the Chairperson to determine priority topics or 
issues in need of Committee feedback.
    (2) Ensure that USACE and FEMA activities related to the National 
Levee Safety Program are synchronized with the advice and information 
from the Committee including overall scoping, review of deliverables, 
and incorporation of broader stakeholder feedback.
    (3) Coordinate with the Federal advisory group regarding issues of 
federal alignment or common federal agency approaches.
    (4) Inform the Committee on how Committee recommendations were 
considered.
    Designated Committee Coordinator: USACE will provide the Committee 
with one designated person who will have the following 
responsibilities.
    (1) Work with the Chairperson to schedule and organize all 
meetings.
    (2) Provide a qualified facilitator and administrative support for 
all Committee meetings.
    (3) Ensure effective Committee operations.
    (4) Serve as the point of contact between the Committee and the 
ASACW.

Committee Meetings

    (1) All meetings will be convened by the USACE and FEMA in 
coordination with the Chairperson.
    (2) It is anticipated that meetings will be held in-person whenever 
possible but may be conducted virtually if necessary.
    (3) It is estimated that the Committee on Levee Safety will meet 
for a duration of 3 business days, allowing for travel on Mondays and 
Fridays, on a frequency of approximately every 4 months.
    (4) Scheduling of meetings will be done in advance and in 
coordination with Committee members to maximize participation.
    (5) Meetings will be held in a variety of locations in the U.S. to 
promote field exploration, stakeholder feedback and equity of travel 
time for participants.
    (6) Meeting notes will be available for review within one week of 
the end of the meeting.

Committee Recommendations and Documentation

    (1) To the extent possible, the Committee will provide consensus 
advice and recommendations in writing to the USACE and FEMA non-voting 
members. Should a case arise where consensus cannot be achieved, the 
Chairperson may call for a vote among the voting members in order to 
reach a final recommendation. Areas of consensus, divergence, or those 
who abstain will be documented and provided to USACE and FEMA.
    (2) At the request of the Chairperson, USACE may provide technical 
writing support to assist the Committee with documentation of 
recommendations.
    (3) After each time the Committee provides recommendations, USACE 
and FEMA will inform the Committee within a reasonable amount of time 
whether the recommendations were incorporated or reasons the 
recommendations were not incorporated.
    Applicability of Federal Advisory Committee Act: The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee 
on Levee Safety. Reference 33 U.S.C. 3302(h).
    Committee Charter: Upon appointment of the Committee members, a 
charter containing the membership and operating procedures described in 
this notice will be finalized and signed by the ASACW. The charter will 
then be reviewed by the ASACW every 3 years in order to assess the 
Committee's purpose and effectiveness and adjust the charter if 
necessary. The Committee may propose amendments at any time to the 
charter to the Designated Committee Coordinator, who is responsible for 
seeking approval of amendments to the charter by the ASACW.

Desired Member Expertise and Experience Based on Representative 
Category

    (1) State Government Representative. Defined as a current state 
government employee of a state agency that has regulatory authority 
over the safety of any non-federal levee in the state. Regulatory 
authority refers to the ability to promulgate or enforce regulations 
for non-federal levees. The following are the desired types of 
expertise and experience for state government representatives on the 
Committee.
     Developing state law, state regulations, local ordinances, 
or state-level public policy.
     Overseeing enforcement or compliance of state law, state 
regulations, or local ordinances, including permitting (ideally related 
to floodplain management or environmental compliance).
     Flood risk management projects or programs at the state, 
watershed level or with multiple states.
     Applying for or distributing grants or other federal 
assistance.
     Planning, organizing, coordinating or implementing 
community level programs or working with disadvantaged communities.
     Implementing the National Flood Insurance Program, 
including state hazard mitigation planning, or the National Dam Safety 
Program at the state level.
     Resource or asset management at the state level.
     Emergency planning, response, or coordination at the state 
level.
     Green infrastructure, environmental mitigation/
restoration, or natural benefits of floodplains.
    (2) Private Sector Representative. Defined as a person who is not 
directly employed by a public governmental entity, such as federal, 
state, local, or regional government or tribe. Private sector 
representatives can be working for public governmental entities through 
contractual or other types of agreements. Private sector 
representatives can be currently employed, retired, or affiliated with 
a nongovernmental organization. The following are the desired types of 
expertise and experience for the private sector representatives on the 
Committee.
     Evaluating or assessing existing levees or dams or 
floodplain related scenarios, including levee accreditation evaluations 
for the National Flood Insurance Program.
     Performing risk assessments on dams or levees.
     Design and construction or operation/maintenance/
inspections of levees or dams.
     Planning, organizing, coordinating or implementing 
community/stakeholder outreach; or expertise in social sciences.
     Green infrastructure, environmental mitigation/
restoration, or natural benefits of floodplains.
     Relevant legal expertise, knowledge, and experience (e.g., 
in areas of public policy, liability).
     Floodplain management, flood hazard mitigation, or flood 
preparedness/warning/recovery.
     Knowledge and expertise in climate science.
     Community planning or working with disadvantaged 
communities.
     Developing public policy or public programs.
    (3) Local or Regional Government Representative. Defined as a 
current

[[Page 3289]]

local or regional government employee of any subdivision of a state as 
defined by state law. For example, this could be a city, county, or 
other subdivision of a state. The following are the desired types of 
expertise and experience for the local or regional government 
representatives on the Committee.
     Developing local/regional regulations, ordinances, or 
public policy.
     Overseeing enforcement or compliance of regulations or 
ordinances, including permitting (ideally related to floodplain 
management or environmental compliance).
     Flood risk management projects or programs at the local or 
watershed level.
     Planning, organizing, coordinating or implementing 
community level programs or community outreach efforts, including with 
disadvantaged communities.
     Implementing the National Flood Insurance Program, 
including development or implementing floodplain management plans or 
risk communication efforts.
     Emergency planning, response, or coordination at the 
community level.
     Green infrastructure, environmental mitigation/
restoration, or natural benefits of floodplains.
    (4) Tribal Representative. Defined as a member or direct employee 
of a federally recognized tribe or person identified by a federally 
recognized tribe to represent them. Tribal representatives should have 
knowledge and awareness of tribal interests or concerns related to 
lands or resources that may be impacted by levees.

Additional Specialized Factors That May Be Considered for All 
Applicants

 Years of experience
 Professional registrations or certifications
 Level of education, specialized education
 Leadership experience
 Membership and activity in professional organizations
 Membership on expert panels or committees
 Training/professor/instructor experience
 Primary or contributing author of technical papers, 
publications, or significant reports
 Additional applicable experience

    Application Requirements for the Committee on Levee Safety. For 
those persons interested in becoming a member of the Committee on Levee 
Safety and who have the desire, ability, and expertise, please submit 
the following information.
    (1) General Information: Name, Address, Phone, Email.
    (2) Stakeholder Representative Category: Identify one of the 
following stakeholder categories you are intending to represent. If 
representing a state, local, or regional government, please provide 
proof of employment. If representing the private sector, please provide 
proof of employment or statement that identifies the affiliation for 
your identified field. If representing a federally recognized tribe, 
please provide proof of employment with the tribe or tribal membership 
or official letter from the federally recognized tribe stating that you 
are representing them.
     State Government Representative: Defined as a current 
state government employee of a state agency that has regulatory 
authority over the safety of any non-federal levee in the state. 
Regulatory authority refers to the ability to promulgate or enforce 
regulations for non-federal levees.
     Private Sector Representative: Defined as a person who is 
not directly employed by a public governmental entity, such as federal, 
state, local, or regional government or tribe. Private sector 
representatives can be working for public governmental entities through 
contractual or other types of agreements.
     Local or Regional Government Representative: Defined as a 
current local or regional government employee of any subdivision of a 
state as defined by state law. For example, this could be a city, 
county, or other subdivision of a state.
     Tribal Representative: Defined as a member or direct 
employee of a federally recognized tribe or person identified by a 
federally recognized tribe to represent them.
    (3) Statement of Qualification (not to exceed 750 words). Please 
provide a written statement that describes your areas of expertise 
related to the stakeholder category you would be representing (state, 
private sector, local/regional, or tribal).
    (4) Statement of Participation (not to exceed 500 words). Please 
provide a written statement as to why you should be appointed as a 
stakeholder representative and how your participation will contribute 
to fulfilling the roles and responsibilities of the Committee on Levee 
Safety.
    (5) Experience with Collaboration (not to exceed 500 words). Please 
provide a written statement describing past experience(s) you have had 
working collaboratively with a group of individuals representing varied 
interests towards achieving a mutual goal. Please include the outcome 
or results of such effort(s).
    (6) Acknowledgements. Please include a statement that you have read 
and agree to the following:
     Your willingness to participate in a virtual interview as 
part of the selection process if requested or provide additional 
information if needed.
     Your ability and willingness to accept up to a three-year 
commitment to serve on the Committee on Levee Safety without 
compensation, other than the nominal stipend and travel expenses.
     Your willingness to adhere to and support the Committee on 
Levee Safety charter.
     Your commitment to seek balanced recommendations that 
address multiple interests and concerns.
     Your willingness to commit the time that may be required 
to participate on the Committee.
     Your consent that this application may become part of the 
public record.
     Your acknowledgment that if appointed, as a member you 
cannot be part of any transaction in which you have a direct or 
indirect personal financial interest or will obtain an economic benefit 
as a result of your participation on the Committee nor can you enter 
into a relationship with vendors for pay in matters that are currently 
being considered by the Committee.
     Consent that if appointed, your name may be listed on a 
public website or other Committee on Levee Safety documents.
     Verification that all information submitted is correct and 
true to the best of your knowledge.
    Application Review Process. To be considered, all information 
requested must be complete and received within the timeline specified 
in this notice. Full consideration will be given to all complete 
applications received by the specified due date. All applicants will be 
notified in writing as to the final decision about their application.

Michael L. Connor,
Assistant Secretary of the Army, (Civil Works).
[FR Doc. 2022-01159 Filed 1-20-22; 8:45 am]
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