---
kind: "section"
citation: "33 U.S.C. § 3303"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3303"
heading: "Inventory and inspection of levees"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3303"
units:
  - "Chapter 46 — National Levee Safety Program"
---

# §3303. Inventory and inspection of levees

- (a) **Levee database—**
  - (1) **In general—** Not later than 1 year after December 16, 2016, the [Secretary](/usc/33/426h–1.md?p=2) shall establish and maintain a database with an inventory of the Nation’s [levees](/usc/33/3301.md?p=7-A).
  - (2) **Contents—** The database shall include—
    - (A) location information of all Federal [levees](/usc/33/3301.md?p=7-A) in the Nation (including global information system information) and updated [levee](/usc/33/3301.md?p=7-A) information provided by [States](/usc/33/3301.md?p=15), [regional districts](/usc/33/3301.md?p=12), [Indian tribes](/usc/33/3301.md?p=5), Federal agencies, and other entities;
    - (B) utilizing such information as is available, the general condition of each [levee](/usc/33/3301.md?p=7-A); and
    - (C) an estimate of the number of structures and population at [risk](/usc/33/3301.md?p=14) and protected by each [levee](/usc/33/3301.md?p=7-A) that would be adversely impacted if the [levee](/usc/33/3301.md?p=7-A) fails or water levels exceed the height of the [levee](/usc/33/3301.md?p=7-A).
  - (3) **Availability of information—**
    - (A) **Availability to Federal, State, regional, tribal, and local governmental agencies—** The [Secretary](/usc/33/426h–1.md?p=2) shall make all of the information in the database available to appropriate Federal, [State](/usc/33/3301.md?p=15), regional, tribal, and local governmental agencies.
    - (B) **Availability to the public—** The [Secretary](/usc/33/426h–1.md?p=2) shall make the information in the database described in [paragraph (2)(A)](#a-2-A), and such other information in the database as the [Secretary](/usc/33/426h–1.md?p=2) determines appropriate, available to the public.
- (b) **Inventory and inspection of levees—**
  - (1) **Federal levees—** The [Secretary](/usc/33/426h–1.md?p=2), at Federal expense, shall establish an inventory and conduct an [inspection](/usc/33/3301.md?p=6) of all federally owned and operated [levees](/usc/33/3301.md?p=7-A).
  - (2) **Federally constructed, nonfederally operated and maintained levees—** The [Secretary](/usc/33/426h–1.md?p=2) shall establish an inventory and conduct an [inspection](/usc/33/3301.md?p=6) of all federally constructed, non-federally operated and maintained [levees](/usc/33/3301.md?p=7-A), at the original cost share for the project.
  - (3) **Participating levees—** For non-Federal [levees](/usc/33/3301.md?p=7-A) the owners of which are participating in the emergency response to natural disasters program established under [section 701n of this title](/usc/33/701n.md), the [Secretary](/usc/33/426h–1.md?p=2) shall establish an inventory and conduct an [inspection](/usc/33/3301.md?p=6) of each such [levee](/usc/33/3301.md?p=7-A) if the owner of the [levee](/usc/33/3301.md?p=7-A) requests such [inspection](/usc/33/3301.md?p=6). The Federal share of the cost of an [inspection](/usc/33/3301.md?p=6) under this paragraph shall be 65 percent.
- (c) **Levee review—**
  - (1) **In general—** The [Secretary](/usc/33/426h–1.md?p=2) shall carry out a one-time inventory and review of all [levees](/usc/33/3301.md?p=7-A) identified in the [national levee database](/usc/33/3301.md?p=10).
  - (2) **No Federal interest—** The inventory and [inspection](/usc/33/3301.md?p=6) under [paragraph (1)](#c-1) does not create a Federal interest in the construction, operation, or maintenance of any [levee](/usc/33/3301.md?p=7-A) that is included in the inventory or inspected under this subsection.
  - (3) **Review criteria—** In carrying out the inventory and review, the [Secretary](/usc/33/426h–1.md?p=2) shall use the [levee](/usc/33/3301.md?p=7-A) safety action classification criteria to determine whether a [levee](/usc/33/3301.md?p=7-A) should be classified in the inventory as requiring a more comprehensive [inspection](/usc/33/3301.md?p=6).
  - (4) **State, regional, and tribal participation—** At the request of a [State](/usc/33/3301.md?p=15), [regional district](/usc/33/3301.md?p=12), or [Indian tribe](/usc/33/3301.md?p=5) with respect to any [levee](/usc/33/3301.md?p=7-A) subject to review under this subsection, the [Secretary](/usc/33/426h–1.md?p=2) shall—
    - (A) allow an official of the [State](/usc/33/3301.md?p=15), [regional district](/usc/33/3301.md?p=12), or [Indian tribe](/usc/33/3301.md?p=5) to participate in the review of the [levee](/usc/33/3301.md?p=7-A); and
    - (B) provide information to the [State](/usc/33/3301.md?p=15), [regional district](/usc/33/3301.md?p=12), or [Indian tribe](/usc/33/3301.md?p=5) relating to the location, construction, operation, or maintenance of the [levee](/usc/33/3301.md?p=7-A).
  - (5) **Exceptions—** In carrying out the inventory and review under this subsection, the [Secretary](/usc/33/426h–1.md?p=2) shall not be required to review any [levee](/usc/33/3301.md?p=7-A) that has been inspected by a [State](/usc/33/3301.md?p=15), [regional district](/usc/33/3301.md?p=12), or [Indian tribe](/usc/33/3301.md?p=5) using the same methodology described in [paragraph (3)](#c-3) during the 1-year period immediately preceding June 10, 2014, if the Governor of the [State](/usc/33/3301.md?p=15) or chief executive of the [regional district](/usc/33/3301.md?p=12) or tribal government, as applicable, requests an exemption from the review.
- (d) **Identification of deficiencies—**
  - (1) **In general—** For each [levee](/usc/33/3301.md?p=7-A) included in an inventory established under [subsection (b)](#b) or for which the [Secretary](/usc/33/426h–1.md?p=2) has conducted a review under [subsection (c)](#c), the [Secretary](/usc/33/426h–1.md?p=2) shall—
    - (A) identify the specific engineering and maintenance deficiencies, if any; and
    - (B) describe the recommended remedies to correct each deficiency identified under [subparagraph (A)](#d-1-A), and, if requested by owner of a non-Federal [levee](/usc/33/3301.md?p=7-A), the associated costs of those remedies.
  - (2) **Consultation—** In identifying deficiencies and describing remedies for a [levee](/usc/33/3301.md?p=7-A) under [paragraph (1)](#d-1), the [Secretary](/usc/33/426h–1.md?p=2) shall consult with relevant non-Federal interests, including by providing an opportunity for comment by those non-Federal interests.

## Source credit

(Pub. L. 110–114, title IX, § 9004, Nov. 8, 2007, 121 Stat. 1290; Pub. L. 113–121, title III, § 3016(d), June 10, 2014, 128 Stat. 1292; Pub. L. 114–322, title I, § 1130(b), Dec. 16, 2016, 130 Stat. 1650; Pub. L. 116–260, div. AA, title I, § 131, Dec. 27, 2020, 134 Stat. 2644.)

## Notes

### Editorial Notes

### Amendments

2020—Subsec. (d). Pub. L. 116–260 added subsec. (d).

2016—Subsec. (a)(1). Pub. L. 114–322, § 1130(b)(1)(A), substituted “1 year after December 16, 2016,” for “one year after November 8, 2007,”.

Subsec. (a)(2)(A). Pub. L. 114–322, § 1130(b)(1)(B), substituted “States, regional districts, Indian tribes, Federal agencies, and other entities” for “States, Indian tribes, Federal agencies, and other entities”.

Subsec. (a)(3)(A). Pub. L. 114–322, § 1130(b)(1)(C), substituted “Federal, State, regional, tribal, and local” for “Federal, State, and local” in heading and text.

Subsec. (c)(4). Pub. L. 114–322, § 1130(b)(2)(A), substituted “State, regional, and tribal” for “State and tribal” in heading and “State, regional district, or Indian tribe” for “State or Indian tribe” wherever appearing in text.

Subsec. (c)(5). Pub. L. 114–322, § 1130(b)(2)(B), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” and “chief executive of the regional district or tribal government” for “chief executive of the tribal government”.

2014—Subsec. (a)(2)(A). Pub. L. 113–121, § 3016(d)(1), substituted “and updated levee information provided by States, Indian tribes, Federal agencies, and other entities” for “and, for non-Federal levees, such information on levee location as is provided to the Secretary by State and local governmental agencies”.

Subsec. (c). Pub. L. 113–121, § 3016(d)(2), added subsec. (c).

### Statutory Notes and Related Subsidiaries

### “Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.