Sec. 6001 Short title
This title may be cited as the “National Levee Safety Program Act”.
Title VI — Levee safety
VI Levee safety
Sec. 6002 Findings; purposes
Findings— Congress finds that—
there is a need to establish a national levee safety program to provide national leadership and encourage the establishment of State and tribal levee safety programs;
according to the National Committee on Levee Safety, “the level of protection and robustness of design and construction of levees vary considerably across the country”;
knowing the location, condition, and ownership of levees, as well as understanding the population and infrastructure at risk in leveed areas, is necessary for identification and prioritization of activities associated with levees;
levees are an important tool for reducing flood risk and should be considered in the context of broader flood risk management efforts;
States and Indian tribes—
are uniquely positioned to oversee, coordinate, and regulate local and regional levee systems; and
should be encouraged to participate in a national levee safety program by establishing individual levee safety programs; and
States, Indian tribes, and local governments that do not invest in protecting the individuals and property located behind levees place those individuals and property at risk.
Purposes— The purposes of this title are—
to promote sound technical practices in levee design, construction, operation, inspection, assessment, security, and maintenance;
to ensure effective public education and awareness of risks involving levees;
to establish and maintain a national levee safety program that emphasizes the protection of human life and property; and
to implement solutions and incentives that encourage the establishment of effective State and tribal levee safety programs.
Sec. 6003 Definitions
In this title:
Board— The term Board means the National Levee Safety Advisory Board established under section 6005.
Canal structure—
In general— The term canal structure means an embankment, wall, or structure along a canal or manmade watercourse that—
constrains water flows;
is subject to frequent water loading; and
is an integral part of a flood risk reduction system that protects the leveed area from flood waters associated with hurricanes, precipitation events, seasonal high water, and other weather-related events.
Exclusion— The term canal structure does not include a barrier across a watercourse.
Federal agency— The term Federal agency means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a levee.
Flood damage reduction system— The term flood damage reduction system means a system designed and constructed to have appreciable and dependable effects in reducing damage by floodwaters.
Flood mitigation— The term flood mitigation means any structural or nonstructural measure that reduces risks of flood damage by reducing the probability of flooding, the consequences of flooding, or both.
Floodplain management— The term floodplain management means the operation of a community program of corrective and preventative measures for reducing flood damage.
Indian tribe— The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
Levee—
In general— The term levee means a manmade barrier (such as an embankment, floodwall, or other structure)—
the primary purpose of which is to provide hurricane, storm, or flood protection relating to seasonal high water, storm surges, precipitation, or other weather events; and
that is normally subject to water loading for only a few days or weeks during a calendar year.
Inclusions— The term levee includes a levee system, including—
levees and canal structures that—
constrain water flows;
are subject to more frequent water loading; and
do not constitute a barrier across a watercourse; and
roadway and railroad embankments, but only to the extent that the embankments are integral to the performance of a flood damage reduction system.
Exclusions— The term levee does not include—
a roadway or railroad embankment that is not integral to the performance of a flood damage reduction system;
a canal constructed completely within natural ground without any manmade structure (such as an embankment or retaining wall to retain water or a case in which water is retained only by natural ground);
a canal regulated by a Federal or State agency in a manner that ensures that applicable Federal safety criteria are met;
a levee or canal structure—
that is not a part of a Federal flood damage reduction system;
that is not recognized under the National Flood Insurance Program as providing protection from the 1-percent-annual-chance or greater flood;
that is not greater than 3 feet high;
the population in the leveed area of which is less than 50 individuals; and
the leveed area of which is less than 1,000 acres; or
any shoreline protection or river bank protection system (such as revetments or barrier islands).
Levee feature— The term levee feature means a structure that is critical to the functioning of a levee, including—
an embankment section;
a floodwall section;
a closure structure;
a pumping station;
an interior drainage work; and
a flood damage reduction channel.
Levee safety guidelines— The term levee safety guidelines means the guidelines established by the Secretary under section 6004(c)(1).
Levee segment— The term levee segment means a discrete portion of a levee system that is owned, operated, and maintained by a single entity or discrete set of entities.
Levee system— The term levee system means 1 or more levee segments, including all levee features that are interconnected and necessary to ensure protection of the associated leveed areas—
that collectively provide flood damage reduction to a defined area; and
the failure of 1 of which may result in the failure of the entire system.
Leveed area— The term leveed area means the land from which flood water in the adjacent watercourse is excluded by the levee system.
National levee database— The term national levee database means the levee database established under section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303).
Participating program— The term participating program means a levee safety program developed by a State or Indian tribe that includes the minimum components necessary for recognition by the Secretary.
Rehabilitation— The term rehabilitation means the repair, replacement, reconstruction, removal of a levee, or reconfiguration of a levee system, including a setback levee, that is carried out to reduce flood risk or meet national levee safety guidelines.
Risk— The term risk means a measure of the probability and severity of undesirable consequences.
Secretary— The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.
State— The term State means—
each of the several States of the United States;
the District of Columbia;
the Commonwealth of Puerto Rico;
Guam;
American Samoa;
the Commonwealth of the Northern Mariana Islands;
the Federated States of Micronesia;
the Republic of the Marshall Islands;
the Republic of Palau; and
the United States Virgin Islands.
Sec. 6004 National levee safety program
Establishment— The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish a national levee safety program to provide national leadership and consistent approaches to levee safety, including—
a national levee database;
an inventory and inspection of Federal and non-Federal levees;
national levee safety guidelines;
a hazard potential classification system for Federal and non-Federal levees;
research and development;
a national public education and awareness program, with an emphasis on communication regarding the residual risk to communities protected by levees and levee systems;
coordination of levee safety, floodplain management, and environmental protection activities;
development of State and tribal levee safety programs; and
the provision of technical assistance and materials to States and Indian tribes relating to—
developing levee safety programs;
identifying and reducing flood risks associated with residual risk to communities protected by levees and levee systems;
identifying local actions that may be carried out to reduce flood risks in leveed areas; and
rehabilitating, improving, replacing, reconfiguring, modifying, and removing levees and levee systems.
Management—
In general— The Secretary shall appoint—
an administrator of the national levee safety program; and
such staff as is necessary to implement the program.
Administrator— The sole duty of the administrator appointed under paragraph (1)(A) shall be the management of the national levee safety program.
Levee safety guidelines—
Establishment— Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency and in coordination with State and local governments and organizations with expertise in levee safety, shall establish a set of voluntary, comprehensive, national levee safety guidelines that—
are available for common, uniform use by all Federal, State, tribal, and local agencies;
incorporate policies, procedures, standards, and criteria for a range of levee types, canal structures, and related facilities and features; and
provide for adaptation to local, regional, or watershed conditions.
Requirement— The policies, procedures, standards, and criteria under paragraph (1)(B) shall be developed taking into consideration the levee hazard potential classification system established under subsection (d).
Adoption by federal agencies— All Federal agencies shall consider the levee safety guidelines in activities relating to the management of levees.
Public comment— Prior to finalizing the guidelines under this subsection, the Secretary shall—
issue draft guidelines for public comment; and
consider any comments received in the development of final guidelines.
Hazard potential classification system—
Establishment— The Secretary shall establish a hazard potential classification system for use under the national levee safety program and participating programs.
Revision— The Secretary shall review and, as necessary, revise the hazard potential classification system not less frequently than once every 5 years.
Consistency— The hazard potential classification system established pursuant to this subsection shall be consistent with and incorporated into the levee safety action classification tool developed by the Corps of Engineers.
Technical assistance and materials—
Establishment— The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency and in coordination with the Board, shall establish a national levee safety technical assistance and training program to develop and deliver technical support and technical assistance materials, curricula, and training in order to promote levee safety and assist States, communities, and levee owners in—
developing levee safety programs;
identifying and reducing flood risks associated with levees;
identifying local actions that may be carried out to reduce flood risks in leveed areas; and
rehabilitating, improving, replacing, reconfiguring, modifying, and removing levees and levee systems.
Use of services— In establishing the national levee safety training program under paragraph (1), the Secretary may use the services of—
the Corps of Engineers;
the Federal Emergency Management Agency;
the Bureau of Reclamation; and
other appropriate Federal agencies, as determined by the Secretary.
Comprehensive national public education and awareness campaign—
Establishment— The Secretary, in coordination with the Administrator of the Federal Emergency Management Agency and the Board, shall establish a national public education and awareness campaign relating to the national levee safety program.
Purposes— The purposes of the campaign under paragraph (1) are—
to educate individuals living in leveed areas regarding the risks of living in those areas;
to promote consistency in the transmission of information regarding levees among government agencies; and
to provide national leadership regarding risk communication for implementation at the State and local levels.
Coordination of levee safety, floodplain management, and environmental concerns— The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency and in coordination with the Board, shall evaluate opportunities to coordinate—
public safety, floodplain management, and environmental protection activities relating to levees; and
environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws.
Levee Inspection—
In general— The Secretary shall carry out a one-time inventory and inspection of all levees identified in the national levee database.
No Federal interest— The inventory and inspection under paragraph (1) does not create a Federal interest in the construction, operation, or maintenance any levee that is included in the inventory or inspected under this subsection.
Inspection criteria— In carrying out the inventory and inspection, the Secretary shall use the levee safety action classification criteria to determine whether a levee should be classified in the inventory as requiring a more comprehensive inspection.
State and tribal participation— At the request of a State or Indian tribe with respect to any levee subject to inspection under this subsection, the Secretary shall—
allow an official of the State or Indian tribe to participate in the inspection of the levee; and
provide information to the State or Indian tribe relating to the location, construction, operation, or maintenance of the levee.
Exceptions— In carrying out the inventory and inspection under this subsection, the Secretary shall not be required to inspect any levee that has been inspected by a State or Indian tribe using the same methodology described in paragraph (3) during the 1-year period immediately preceding the date of enactment of this Act if the Governor of the State or tribal government, as applicable, requests an exemption from the inspection.
State and tribal levee safety program—
Guidelines—
In general— Not later than 1 year after the date of enactment of this Act, in consultation with the Administrator of the Federal Emergency Management Agency and in coordination with the Board, the Secretary shall issue guidelines that establish the minimum components necessary for recognition of a State or tribal levee safety program as a participating program.
Guideline contents— The guidelines under subparagraph (A) shall include provisions and procedures requiring each participating State and Indian tribe to certify to the Secretary that the State or Indian tribe, as applicable—
has the authority to participate in the national levee safety program;
can receive funds under this title;
has adopted any national levee safety guidelines developed under this title;
will carry out levee inspections;
will carry out, consistent with applicable requirements, flood risk management and any emergency action planning procedures the Secretary determines to be necessary relating to levees;
will carry out public education and awareness activities consistent with the national public education and awareness campaign established under subsection (f); and
will collect and share information regarding the location and condition of levees.
Public comment— Prior to finalizing the guidelines under this paragraph, the Secretary shall—
issue draft guidelines for public comment; and
consider any comments received in the development of final guidelines.
Grant program—
Establishment— The Secretary shall establish a program under which the Secretary shall provide grants to assist States and Indian tribes in establishing participating programs, conducting levee inventories, and carrying out this title.
Requirements— To be eligible to receive grants under this section, a State or Indian tribe shall—
meet the requirements of a participating program established by the guidelines issued under paragraph (1);
use not less than 25 percent of any amounts received to identify and assess non-Federal levees within the State or on land of the Indian tribe;
submit to the Secretary any information collected by the State or Indian tribe in carrying out this subsection for inclusion in the national levee safety database; and
identify actions to address hazard mitigation activities associated with levees and leveed areas identified in the hazard mitigation plan of the State approved by the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
Measures to assess effectiveness— Not later than 1 year after the enactment of this Act, the Secretary shall implement quantifiable performance measures and metrics to assess the effectiveness of the grant program established in accordance with subparagraph (A).
Levee rehabilitation assistance program—
Establishment— The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish a program under which the Secretary shall provide assistance to States, Indian tribes, and local governments in addressing flood mitigation activities that result in an overall reduction in flood risk.
Requirements— To be eligible to receive assistance under this subsection, a State, Indian tribe, or local government shall—
participate in, and comply with, all applicable Federal floodplain management and flood insurance programs;
have in place a hazard mitigation plan that—
includes all levee risks; and
complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552);
submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and
comply with such minimum eligibility requirements as the Secretary, in consultation with the Board, may establish to ensure that each owner and operator of a levee under a participating State or tribal levee safety program—
acts in accordance with the guidelines developed in subsection (c); and
carries out activities relating to the public in the leveed area in accordance with the hazard mitigation plan described in subparagraph (B).
Floodplain management plans—
In general— Not later than 1 year after the date of execution of a project agreement for assistance under this subsection, a State, Indian tribe, or local government shall prepare a floodplain management plan in accordance with the guidelines under subparagraph (D) to reduce the impacts of future flood events in each applicable leveed area.
Inclusions— A plan under subparagraph (A) shall address potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in each applicable leveed area.
Implementation— Not later than 1 year after the date of completion of construction of the applicable project, a floodplain management plan prepared under subparagraph (A) shall be implemented.
Guidelines— Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall develop such guidelines for the preparation of floodplain management plans prepared under this paragraph as the Secretary determines to be appropriate.
Technical support— The Secretary may provide technical support for the development and implementation of floodplain management plans prepared under this paragraph.
Use of funds—
In general— Assistance provided under this subsection may be used—
for any rehabilitation activity to maximize overall risk reduction associated with a levee under a participating State or tribal levee safety program; and
only for a levee that is not federally operated and maintained.
Prohibition— Assistance provided under this subsection shall not be used—
to perform routine operation or maintenance for a levee; or
to make any modification to a levee that does not result in an improvement to public safety.
No proprietary interest— A contract for assistance provided under this subsection shall not be considered to confer any proprietary interest on the United States.
Cost-share— The maximum Federal share of the cost of any assistance provided under this subsection shall be 65 percent.
Project limit— The maximum amount of Federal assistance for a project under this subsection shall be $10,000,000.
Other laws— Assistance provided under this subsection shall be subject to all applicable laws (including regulations) that apply to the construction of a civil works project of the Corps of Engineers.
Effect of section— Nothing in this section—
affects the requirement under section 100226(b)(2) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101 note; 126 Stat. 942); or
confers any regulatory authority on—
the Secretary; or
the Director of the Federal Emergency Management Agency, including for the purpose of setting premium rates under the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).
Sec. 6005 National levee safety advisory board
Establishment— The Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall establish a board, to be known as the “National Levee Safety Advisory Board”—
to advise the Secretary and Congress regarding consistent approaches to levee safety;
to monitor the safety of levees in the United States;
to assess the effectiveness of the national levee safety program; and
to ensure that the national levee safety program is carried out in a manner that is consistent with other Federal flood risk management efforts.
Membership—
Voting members— The Board shall be composed of the following 14 voting members, each of whom shall be appointed by the Secretary, with priority consideration given to representatives from those States that have the most Corps of Engineers levees in the State, based on mileage:
8 representatives of State levee safety programs, 1 from each of the civil works divisions of the Corps of Engineers.
2 representatives of the private sector who have expertise in levee safety.
2 representatives of local and regional governmental agencies who have expertise in levee safety.
2 representatives of Indian tribes who have expertise in levee safety.
Nonvoting members— The Secretary (or a designee of the Secretary), the Administrator of the Federal Emergency Management Agency (or a designee of the Administrator), and the administrator of the national levee safety program appointed under section 6004(b)(1)(A) shall serve as nonvoting members of the Board.
Chairperson— The voting members of the Board shall appoint a chairperson from among the voting members of the Board, to serve a term of not more than 2 years.
Qualifications—
Individuals— Each voting member of the Board shall be knowledgeable in the field of levee safety, including water resources and flood risk management.
As a whole— The membership of the Board, considered as a whole, shall represent the diversity of skills required to advise the Secretary regarding levee issues relating to—
engineering;
public communications;
program development and oversight;
with respect to levees, flood risk management and hazard mitigation; and
public safety and the environment.
Terms of service—
In general— A voting member of the Board shall be appointed for a term of 3 years, except that, of the members first appointed—
5 shall be appointed for a term of 1 year;
5 shall be appointed for a term of 2 years; and
4 shall be appointed for a term of 3 years.
Reappointment— A voting member of the Board may be reappointed to the Board, as the Secretary determines to be appropriate.
Vacancies— A vacancy on the Board shall be filled in the same manner as the original appointment was made.
Standing committees—
In general— The Board shall be supported by Standing Committees, which shall be comprised of volunteers from all levels of government and the private sector, to advise the Board regarding the national levee safety program.
Establishment— The Standing Committees of the Board shall include—
the Standing Committee on Participating Programs, which shall advise the Board regarding—
the development and implementation of State and tribal levee safety programs; and
appropriate incentives (including financial assistance) to be provided to States, Indian tribes, and local and regional entities;
the Standing Committee on Technical Issues, which shall advise the Board regarding—
the management of the national levee database;
the development and maintenance of levee safety guidelines;
processes and materials for developing levee-related technical assistance and training; and
research and development activities relating to levee safety;
the Standing Committee on Public Education and Awareness, which shall advise the Board regarding the development, implementation, and evaluation of targeted public outreach programs—
to gather public input;
to educate and raise awareness in leveed areas of levee risks;
to communicate information regarding participating programs; and
to track the effectiveness of public education efforts relating to levee risks;
the Standing Committee on Safety and Environment, which shall advise the Board regarding—
operation and maintenance activities for existing levee projects;
opportunities to coordinate public safety, floodplain management, and environmental protection activities relating to levees;
opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and
opportunities for collaboration by environmental protection and public safety interests in leveed areas and adjacent areas; and
such other standing committees as the Secretary, in consultation with the Board, determines to be necessary.
Membership—
In general— The Board shall recommend to the Secretary for approval individuals for membership on the Standing Committees.
Qualifications—
Individuals— Each member of a Standing Committee shall be knowledgeable in the issue areas for which the Committee is charged with advising the Board.
As a whole— The membership of each Standing Committee, considered as a whole, shall represent, to the maximum extent practicable, broad geographical diversity.
Limitation— Each Standing Committee shall be comprised of not more than 10 members.
Duties and powers— The Board—
shall submit to the Secretary and Congress an annual report regarding the effectiveness of the national levee safety program in accordance with section 6007; and
may secure from other Federal agencies such services, and enter into such contracts, as the Board determines to be necessary to carry out this subsection.
Task force coordination— The Board shall, to the maximum extent practicable, coordinate the activities of the Board with the Federal Interagency Floodplain Management Task Force.
Compensation—
Federal employees— Each member of the Board 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 for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board.
Non-federal employees— To the extent amounts are made available to carry out this section in appropriations Acts, the Secretary shall provide to each member of the Board who is not an officer or employee of the United States a stipend and a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the Board.
Standing committee members— Each member of a Standing Committee shall—
serve in a voluntary capacity; but
receive a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the Board.
Nonapplicability of FACA— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board or the Standing Committees.
Sec. 6006 Inventory and inspection of levees
Section 9004(a)(2)(A) of the Water Resources Development Act of 2007 (33 U.S.C. 3303(a)(2)(A)) is amended by striking “and, for non-Federal levees, such information on levee location as is provided to the Secretary by State and local governmental agencies” and inserting “and updated levee information provided by States, Indian tribes, Federal agencies, and other entities”.
Sec. 6007 Reports
State of levees—
In general— Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Secretary in coordination with the Board, shall submit to Congress a report describing the state of levees in the United States and the effectiveness of the national levee safety program, including—
progress achieved in implementing the national levee safety program;
State and tribal participation in the national levee safety program;
recommendations to improve coordination of levee safety, floodplain management, and environmental protection concerns, including—
identifying and evaluating opportunities to coordinate public safety, floodplain management, and environmental protection activities relating to levees; and
evaluating opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and
any recommendations for legislation and other congressional actions necessary to ensure national levee safety.
Inclusion— Each report under paragraph (1) shall include a report of the Board that describes the independent recommendations of the Board for the implementation of the national levee safety program.
National dam and levee safety program— Not later than 3 years after the date of enactment of this Act, to the maximum extent practicable, the Secretary, in coordination with the Board, shall submit to Congress a report that includes recommendations regarding the advisability and feasibility of, and potential approaches for, establishing a joint national dam and levee safety program.
Alignment of Federal programs relating to levees— Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on opportunities for alignment of Federal programs to provide incentives to State, tribal, and local governments and individuals and entities—
to promote shared responsibility for levee safety;
to encourage the development of strong State and tribal levee safety programs;
to better align the national levee safety program with other Federal flood risk management programs; and
to promote increased levee safety through other Federal programs providing assistance to State and local governments.
Liability for certain levee engineering projects— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that includes recommendations that identify and address any legal liability associated with levee engineering projects that prevent—
levee owners from obtaining needed levee engineering services; or
development and implementation of a State or tribal levee safety program.
Sec. 6008 Effect of title
Nothing in this title—
establishes any liability of the United States or any officer or employee of the United States (including the Board and the Standing Committees of the Board) for any damages caused by any action or failure to act; or
relieves an owner or operator of a levee of any legal duty, obligation, or liability incident to the ownership or operation of the levee.
Sec. 6009 Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this title—
for funding the administration and staff of the national levee safety program, the Board, the Standing Committees of the Board, and participating programs, $5,000,000 for each of fiscal years 2014 through 2023;
for technical programs, including the development of levee safety guidelines, publications, training, and technical assistance—
$5,000,000 for each of fiscal years 2014 through 2018;
$7,500,000 for each of fiscal years 2019 and 2020; and
$10,000,000 for each of fiscal years 2021 through 2023;
for public involvement and education programs, $3,000,000 for each of fiscal years 2014 through 2023;
to carry out the levee inventory and inspections under section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303), $30,000,000 for each of fiscal years 2014 through 2018;
for grants to State and tribal levee safety programs, $300,000,000 for fiscal years 2014 through 2023; and
for levee rehabilitation assistance grants, $300,000,000 for fiscal years 2014 through 2023.