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

# §3303a. Levee safety initiative

- (a) **Establishment—** The [Secretary](/usc/33/426h–1.md?p=2), in consultation with the [Administrator](/usc/33/3301.md?p=1), shall carry out a [levee](/usc/33/3301.md?p=7-A) safety initiative.
- (b) **Management—** The [Secretary](/usc/33/426h–1.md?p=2) shall appoint—
  - (1) an [administrator](/usc/33/3301.md?p=1) of the [levee](/usc/33/3301.md?p=7-A) safety initiative; and
  - (2) such staff as are necessary to implement the initiative.
- (c) **Levee safety guidelines—**
  - (1) **Establishment—** Not later than 1 year after December 16, 2016, the [Secretary](/usc/33/426h–1.md?p=2), in consultation with the [Administrator](/usc/33/3301.md?p=1) and in coordination with [State](/usc/33/3301.md?p=15), regional, local, and tribal governments and organizations with expertise in [levee](/usc/33/3301.md?p=7-A) safety, shall establish a set of voluntary, comprehensive, national [levee](/usc/33/3301.md?p=7-A) safety guidelines that—
    - (A) are available for common, uniform use by all Federal, [State](/usc/33/3301.md?p=15), regional, local, and tribal agencies;
    - (B) incorporate policies, procedures, standards, and criteria for a range of [levee](/usc/33/3301.md?p=7-A) types, [canal structures](/usc/33/3301.md?p=2-A), and related facilities and features; and
    - (C) provide for adaptation to local, regional, or watershed conditions.
  - (2) **Requirement—** The policies, procedures, standards, and criteria under [paragraph (1)(B)](#c-1-B) shall be developed taking into consideration the [levee](/usc/33/3301.md?p=7-A) hazard potential classification system established under [subsection (d)](#d).
  - (3) **Incorporation—** The guidelines shall address, to the maximum extent practicable—
    - (A) the activities and practices carried out by [State](/usc/33/3301.md?p=15), regional, local, and tribal governments and the private sector to safely build, regulate, operate, and maintain [levees](/usc/33/3301.md?p=7-A); and
    - (B) Federal activities that facilitate [State](/usc/33/3301.md?p=15), regional, or tribal efforts to develop and implement effective [State](/usc/33/3301.md?p=15), regional, or tribal programs for the safety of [levees](/usc/33/3301.md?p=7-A), including [levee](/usc/33/3301.md?p=7-A) [inspection](/usc/33/3301.md?p=6), [levee](/usc/33/3301.md?p=7-A) [rehabilitation](/usc/33/3301.md?p=13-A), locally developed [floodplain management](/usc/33/3301.md?p=4), and public education and training programs.
  - (4) **Consideration by Federal agencies—** To the maximum extent practicable, all Federal agencies shall consider the [levee](/usc/33/3301.md?p=7-A) safety guidelines in carrying out activities relating to the management of [levees](/usc/33/3301.md?p=7-A).
  - (5) **Public comment—** Prior to finalizing the guidelines under this subsection, the [Secretary](/usc/33/426h–1.md?p=2) shall—
    - (A) issue draft guidelines for public comment, including comment by [States](/usc/33/3301.md?p=15), [regional districts](/usc/33/3301.md?p=12), [Indian tribes](/usc/33/3301.md?p=5), non-Federal interests, and other appropriate stakeholders; and
    - (B) consider any comments received in the development of final guidelines.
- (d) **Hazard potential classification system—**
  - (1) **Establishment—** The [Secretary](/usc/33/426h–1.md?p=2) shall establish a hazard potential classification system for use under the [levee](/usc/33/3301.md?p=7-A) safety initiative and [participating programs](/usc/33/3301.md?p=11).
  - (2) **Revision—** The [Secretary](/usc/33/426h–1.md?p=2) shall review and, as necessary, revise the hazard potential classification system not less frequently than once every 5 years.
  - (3) **Consistency—** The hazard potential classification system established pursuant to this subsection shall be consistent with and incorporated into the [levee](/usc/33/3301.md?p=7-A) safety action classification tool developed by the Corps of Engineers.
- (e) **Technical assistance and materials—**
  - (1) **Establishment—** The [Secretary](/usc/33/426h–1.md?p=2), in consultation with the [Administrator](/usc/33/3301.md?p=1), shall provide technical assistance and training to promote [levee](/usc/33/3301.md?p=7-A) safety and assist [States](/usc/33/3301.md?p=15), [regional districts](/usc/33/3301.md?p=12), [Indian tribes](/usc/33/3301.md?p=5), communities, and [levee](/usc/33/3301.md?p=7-A) owners in—
    - (A) developing [levee](/usc/33/3301.md?p=7-A) safety programs;
    - (B) identifying and reducing flood [risks](/usc/33/3301.md?p=14) associated with [levees](/usc/33/3301.md?p=7-A);
    - (C) identifying local actions that may be carried out to reduce flood [risks](/usc/33/3301.md?p=14) in leveed areas; and
    - (D) rehabilitating, improving, replacing, reconfiguring, modifying, and removing [levees](/usc/33/3301.md?p=7-A) and [levee systems](/usc/33/3301.md?p=9).
  - (2) **Eligibility—** To be eligible to receive technical assistance under this subsection, a [State](/usc/33/3301.md?p=15) shall—
    - (A) be in the process of establishing or have in effect a [State](/usc/33/3301.md?p=15) [levee](/usc/33/3301.md?p=7-A) safety program under which a [State levee safety agency](/usc/33/3301.md?p=16), in accordance with [State](/usc/33/3301.md?p=15) law, carries out the guidelines established under [subsection (c)(1)](#c-1); and
    - (B) allocate sufficient funds in the budget of that [State](/usc/33/3301.md?p=15) to carry out that [State](/usc/33/3301.md?p=15) [levee](/usc/33/3301.md?p=7-A) safety program.
  - (3) **Work plans—** The [Secretary](/usc/33/426h–1.md?p=2) shall enter into an agreement with each [State](/usc/33/3301.md?p=15) receiving technical assistance under this subsection to develop a work plan necessary for the [State](/usc/33/3301.md?p=15) [levee](/usc/33/3301.md?p=7-A) safety program of that [State](/usc/33/3301.md?p=15) to reach a level of program performance that meets the guidelines established under [subsection (c)(1)](#c-1).
- (f) **Public education and awareness—**
  - (1) **In general—** The [Secretary](/usc/33/426h–1.md?p=2), in coordination with the [Administrator](/usc/33/3301.md?p=1), shall carry out public education and awareness efforts relating to the [levee](/usc/33/3301.md?p=7-A) safety initiative.
  - (2) **Contents—** In carrying out the efforts under [paragraph (1)](#f-1), the [Secretary](/usc/33/426h–1.md?p=2) and the [Administrator](/usc/33/3301.md?p=1) shall—
    - (A) educate individuals living in leveed areas regarding the [risks](/usc/33/3301.md?p=14) of living in those areas; and
    - (B) promote consistency in the transmission of information regarding [levees](/usc/33/3301.md?p=7-A) among Federal agencies and regarding [risk](/usc/33/3301.md?p=14) communication at the [State](/usc/33/3301.md?p=15) and local levels.
- (g) **State, regional, and tribal levee safety program—**
  - (1) **Guidelines—**
    - (A) **In general—** Not later than 1 year after December 16, 2016, in consultation with the [Administrator](/usc/33/3301.md?p=1), the [Secretary](/usc/33/426h–1.md?p=2) shall issue guidelines that establish the minimum components necessary for recognition of a [State](/usc/33/3301.md?p=15), regional, or tribal [levee](/usc/33/3301.md?p=7-A) safety program as a [participating program](/usc/33/3301.md?p=11).
    - (B) **Guideline contents—** The guidelines under [subparagraph (A)](#g-1-A) shall include provisions and procedures requiring each participating [State](/usc/33/3301.md?p=15), [regional district](/usc/33/3301.md?p=12), and [Indian tribe](/usc/33/3301.md?p=5) to certify to the [Secretary](/usc/33/426h–1.md?p=2) that 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), as applicable—
      - (i) has the authority to participate in the [levee](/usc/33/3301.md?p=7-A) safety initiative;
      - (ii) can receive funds under this chapter;
      - (iii) has adopted any [levee](/usc/33/3301.md?p=7-A) safety guidelines developed under this chapter;
      - (iv) will carry out [levee](/usc/33/3301.md?p=7-A) [inspections](/usc/33/3301.md?p=6);
      - (v) will carry out, consistent with applicable requirements, flood [risk](/usc/33/3301.md?p=14) management and any emergency action planning procedures the [Secretary](/usc/33/426h–1.md?p=2) determines to be necessary relating to [levees](/usc/33/3301.md?p=7-A);
      - (vi) will carry out public education and awareness activities consistent with the efforts carried out under [subsection (f)](#f); and
      - (vii) will collect and share information regarding the location and condition of [levees](/usc/33/3301.md?p=7-A), including for inclusion in the [national levee database](/usc/33/3301.md?p=10).
    - (C) **Public comment—** Prior to finalizing the guidelines under this paragraph, the [Secretary](/usc/33/426h–1.md?p=2) shall—
      - (i) issue draft guidelines for public comment; and
      - (ii) consider any comments received in the development of final guidelines.
  - (2) **Assistance to States, regional districts, and Indian tribes—**
    - (A) **Establishment—** The [Administrator](/usc/33/3301.md?p=1) may provide assistance, subject to the availability of funding specified in appropriations Acts for Federal Emergency Management Agency activities pursuant to this chapter and subject to amounts available under [subparagraph (E)](#g-2-E), to [States](/usc/33/3301.md?p=15), [regional districts](/usc/33/3301.md?p=12), and [Indian tribes](/usc/33/3301.md?p=5) in establishing [participating programs](/usc/33/3301.md?p=11), conducting [levee](/usc/33/3301.md?p=7-A) inventories, and improving [levee](/usc/33/3301.md?p=7-A) safety programs in accordance with [subparagraph (B)](#g-2-B).
    - (B) **Requirements—** To be eligible to receive assistance under this section, 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) shall—
      - (i) meet the requirements of a [participating program](/usc/33/3301.md?p=11) established by the guidelines issued under [paragraph (1)](#g-1);
      - (ii) use not less than 25 percent of any amounts received to identify and assess non-Federal [levees](/usc/33/3301.md?p=7-A) within the [State](/usc/33/3301.md?p=15) or [regional district](/usc/33/3301.md?p=12) or on land of the [Indian tribe](/usc/33/3301.md?p=5);
      - (iii) submit to the [Secretary](/usc/33/426h–1.md?p=2) and [Administrator](/usc/33/3301.md?p=1) any information collected by 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) in carrying out this subsection for inclusion in the national [levee](/usc/33/3301.md?p=7-A) safety database; and
      - (iv) identify actions to address hazard mitigation activities associated with [levees](/usc/33/3301.md?p=7-A) and leveed areas identified in the hazard mitigation plan of the [State](/usc/33/3301.md?p=15) approved by the [Administrator](/usc/33/3301.md?p=1) of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](/usc/42/5121.md) et seq.).
    - (C) **Measures to assess effectiveness—**
      - (i) **In general—** Not later than 1 year after June 10, 2014, the [Administrator](/usc/33/3301.md?p=1) shall implement quantifiable performance measures and metrics to assess the effectiveness of the assistance provided in accordance with [subparagraph (A)](#g-2-A).
      - (ii) **Considerations—** In assessing the effectiveness of assistance under [clause (i)](#g-2-C-i), the [Administrator](/usc/33/3301.md?p=1) shall consider the degree to which the [State](/usc/33/3301.md?p=15), regional, or tribal program—
        - (I) ensures that human lives and property that are protected by new and existing [levees](/usc/33/3301.md?p=7-A) are safe;
        - (II) encourages the use of appropriate engineering policies, procedures, and technical practices for [levee](/usc/33/3301.md?p=7-A) site investigation, design, construction, operation and maintenance, [inspection](/usc/33/3301.md?p=6), assessment, and emergency preparedness;
        - (III) develops and supports public education and awareness projects to increase public acceptance and support of [levee](/usc/33/3301.md?p=7-A) safety programs and provide information;
        - (IV) builds public awareness of the residual [risks](/usc/33/3301.md?p=14) associated with living in [levee](/usc/33/3301.md?p=7-A) protected areas; and
        - (V) develops technical assistance materials, seminars, and guidelines to improve the security of [levees](/usc/33/3301.md?p=7-A) of the [United States](/usc/33/3301.md?p=17).
    - (D) **Maintenance of effort—** Technical assistance or grants may not be provided to a [State](/usc/33/3301.md?p=15) under this subsection during a fiscal year unless the [State](/usc/33/3301.md?p=15) enters into an agreement with the [Administrator](/usc/33/3301.md?p=1) to ensure that the [State](/usc/33/3301.md?p=15) will maintain during that fiscal year aggregate expenditures for programs to ensure [levee](/usc/33/3301.md?p=7-A) safety that equal or exceed the average annual level of such expenditures for the [State](/usc/33/3301.md?p=15) for the 2 fiscal years preceding that fiscal year.
    - (E) **Authorization of appropriations—**
      - (i) **In general—** There is authorized to be appropriated to the [Administrator](/usc/33/3301.md?p=1) to carry out this subsection $25,000,000 for each of fiscal years 2019 through 2030.
      - (ii) **Allocation—** For each fiscal year, amounts made available under this subparagraph shall be allocated among the [States](/usc/33/3301.md?p=15), [regional districts](/usc/33/3301.md?p=12), and [Indian tribes](/usc/33/3301.md?p=5) as follows:
        - (I) ⅓ among [States](/usc/33/3301.md?p=15), [regional districts](/usc/33/3301.md?p=12), and [Indian tribes](/usc/33/3301.md?p=5) that qualify for assistance under this subsection.
        - (II) ⅔ among [States](/usc/33/3301.md?p=15), [regional districts](/usc/33/3301.md?p=12), and [Indian tribes](/usc/33/3301.md?p=5) that qualify for assistance under this subsection, to each such [State](/usc/33/3301.md?p=15), [regional district](/usc/33/3301.md?p=12), or [Indian tribe](/usc/33/3301.md?p=5) in the proportion that—
          - (aa) the miles of [levees](/usc/33/3301.md?p=7-A) in the [State](/usc/33/3301.md?p=15) or [regional district](/usc/33/3301.md?p=12) or on the land of the [Indian tribe](/usc/33/3301.md?p=5) that are listed on the inventory of [levees](/usc/33/3301.md?p=7-A); bears to
          - (bb) the miles of [levees](/usc/33/3301.md?p=7-A) in all [States](/usc/33/3301.md?p=15) and [regional districts](/usc/33/3301.md?p=12) and on the land of all [Indian tribes](/usc/33/3301.md?p=5) that are in the [national levee database](/usc/33/3301.md?p=10).
      - (iii) **Maximum amount of allocation—** The amounts allocated to 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) under this subparagraph shall not exceed 50 percent of the reasonable cost of implementing the [State](/usc/33/3301.md?p=15), regional, or tribal [levee](/usc/33/3301.md?p=7-A) safety program.
    - (F) **Prohibition—** No amounts made available to the [Administrator](/usc/33/3301.md?p=1) under this chapter shall be used for [levee](/usc/33/3301.md?p=7-A) construction, [rehabilitation](/usc/33/3301.md?p=13-A), repair, operations, or maintenance.
- (h) **Levee rehabilitation assistance program—**
  - (1) **Establishment—** The [Secretary](/usc/33/426h–1.md?p=2) shall provide assistance to [States](/usc/33/3301.md?p=15), [regional districts](/usc/33/3301.md?p=12), [Indian tribes](/usc/33/3301.md?p=5), and local governments relating to addressing flood mitigation and [levee](/usc/33/3301.md?p=7-A) [rehabilitation](/usc/33/3301.md?p=13-A) activities that result in an overall reduction in flood [risk](/usc/33/3301.md?p=14).
  - (2) **Requirements—** To be eligible to receive assistance under this subsection, a [State](/usc/33/3301.md?p=15), [regional district](/usc/33/3301.md?p=12), [Indian tribe](/usc/33/3301.md?p=5), or local government shall—
    - (A) participate in, and comply with, all applicable Federal [floodplain management](/usc/33/3301.md?p=4) and flood insurance programs;
    - (B) have in place a hazard mitigation plan that—
      - (i) includes all [levee](/usc/33/3301.md?p=7-A) [risks](/usc/33/3301.md?p=14); and
      - (ii) complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552);
    - (C) submit to the [Secretary](/usc/33/426h–1.md?p=2) an application at such time, in such manner, and containing such information as the [Secretary](/usc/33/426h–1.md?p=2) may require;
    - (D) commit to provide normal operation and maintenance of the project for the 50 year-period following completion of [rehabilitation](/usc/33/3301.md?p=13-A); and
    - (E) comply with such minimum eligibility requirements as the [Secretary](/usc/33/426h–1.md?p=2), in consultation with the [committee](/usc/33/3301.md?p=3), may establish to ensure that each owner and operator of a [levee](/usc/33/3301.md?p=7-A) under a participating [State](/usc/33/3301.md?p=15), regional, or tribal [levee](/usc/33/3301.md?p=7-A) safety program—
      - (i) acts in accordance with the guidelines developed under [subsection (c)](#c); and
      - (ii) carries out activities relating to the public in the leveed area in accordance with the hazard mitigation plan described in [subparagraph (B)](#h-2-B).
  - (3) **Floodplain management plans—**
    - (A) **In general—** Not later than 1 year after the date of execution of a project agreement for assistance under this subsection, a [State](/usc/33/3301.md?p=15), [regional district](/usc/33/3301.md?p=12), [Indian tribe](/usc/33/3301.md?p=5), or local government shall prepare a [floodplain management](/usc/33/3301.md?p=4) plan in accordance with the guidelines under [subparagraph (D)](#h-3-D) to reduce the impacts of future flood events in each applicable leveed area.
    - (B) **Inclusions—** A plan under [subparagraph (A)](#h-3-A) shall address—
      - (i) 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;
      - (ii) plans for flood fighting and evacuation; and
      - (iii) public education and awareness of flood [risks](/usc/33/3301.md?p=14).
    - (C) **Implementation—** Not later than 1 year after the date of completion of construction of the applicable project, a [floodplain management](/usc/33/3301.md?p=4) plan prepared under [subparagraph (A)](#h-3-A) shall be implemented.
    - (D) **Guidelines—** Not later than 180 days after December 16, 2016, the [Secretary](/usc/33/426h–1.md?p=2), in consultation with the [Administrator](/usc/33/3301.md?p=1), shall develop such guidelines for the preparation of [floodplain management](/usc/33/3301.md?p=4) plans prepared under this paragraph as the [Secretary](/usc/33/426h–1.md?p=2) determines to be appropriate.
    - (E) **Technical support—** The [Secretary](/usc/33/426h–1.md?p=2) may provide technical support for the development and implementation of [floodplain management](/usc/33/3301.md?p=4) plans prepared under this paragraph.
  - (4) **Use of funds—**
    - (A) **In general—** Assistance provided under this subsection may be used—
      - (i) for any [rehabilitation](/usc/33/3301.md?p=13-A) activity to maximize overall [risk](/usc/33/3301.md?p=14) reduction associated with a [levee](/usc/33/3301.md?p=7-A) under a participating [State](/usc/33/3301.md?p=15), regional, or tribal [levee](/usc/33/3301.md?p=7-A) safety program; and
      - (ii) only for a [levee](/usc/33/3301.md?p=7-A) that is not federally operated and maintained.
    - (B) **Prohibition—** Assistance provided under this subsection shall not be used—
      - (i) to perform routine operation or maintenance for a [levee](/usc/33/3301.md?p=7-A); or
      - (ii) to make any modification to a [levee](/usc/33/3301.md?p=7-A) that does not result in an improvement to public safety.
  - (5) **No proprietary interest—** A contract for assistance provided under this subsection shall not be considered to confer any proprietary interest on the [United States](/usc/33/3301.md?p=17).
  - (6) **Cost share—** The maximum Federal share of the cost of any assistance provided under this subsection shall be 65 percent.
  - (7) **Project limit—** The maximum amount of Federal assistance for a project under this subsection shall be $25,000,000.
  - (8) **Limitation—** A project shall not receive Federal assistance under this subsection more than 1 time.
  - (9) **Federal interest—** For a project that is not a project eligible for [rehabilitation](/usc/33/3301.md?p=13-A) assistance under [section 701n of this title](/usc/33/701n.md), the [Secretary](/usc/33/426h–1.md?p=2) shall determine that the proposed [rehabilitation](/usc/33/3301.md?p=13-A) is in the Federal interest prior to providing assistance for such [rehabilitation](/usc/33/3301.md?p=13-A).
  - (10) **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.
  - (11) **Prioritization—** To the maximum extent practicable, the [Secretary](/usc/33/426h–1.md?p=2) shall prioritize the provision of assistance under this subsection to economically disadvantaged communities (as defined by the [Secretary](/usc/33/426h–1.md?p=2) under section 160 of the Water Resources Development Act of 2020 ([33 U.S.C. 2201](/usc/33/2201.md) note)), including economically disadvantaged communities located in urban and rural areas.
- (i) **Effect of section—** Nothing in this section—
  - (1) affects the requirement under section 100226(b)(2) of Public Law 112–141 ([42 U.S.C. 4101](/usc/42/4101.md) note; 126 Stat. 942); or
  - (2) confers any regulatory authority on—
    - (A) the [Secretary](/usc/33/426h–1.md?p=2); or
    - (B) the [Administrator](/usc/33/3301.md?p=1), including for the purpose of setting premium rates under the national flood insurance program established under [chapter 1](/usc/33/chch1.md)[^1] of the National Flood Insurance Act of 1968 ([42 U.S.C. 4011](/usc/42/4011.md) et seq.).

## Footnotes

[^1]: So in original. Probably should be “chapter I”.

## Source credit

(Pub. L. 110–114, title IX, § 9005, as added Pub. L. 113–121, title III, § 3016(e)(2), June 10, 2014, 128 Stat. 1293; Pub. L. 114–322, title I, § 1130(c), Dec. 16, 2016, 130 Stat. 1650; Pub. L. 115–270, title I, § 1144(1), Oct. 23, 2018, 132 Stat. 3785; Pub. L. 117–263, div. H, title LXXXI, § 8387(b), (c), Dec. 23, 2022, 136 Stat. 3830, 3831; Pub. L. 118–272, div. A, title III, § 1303(d), Jan. 4, 2025, 138 Stat. 3114.)

## Notes

### Editorial Notes

### References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (g)(2)(B)(iv), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

The Disaster Mitigation Act of 2000, referred to in subsec. (h)(2)(B)(ii), is Pub. L. 106–390, Oct. 30, 2000, 114 Stat. 1552. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 5121 of Title 42, The Public Health and Welfare, and Tables.

Section 160 of the Water Resources Development Act of 2020, referred to in subsec. (h)(11), is section 160 of div. AA of Pub. L. 116–260, which is set out as a note under section 2201 of this title.

The National Flood Insurance Act of 1968, referred to in subsec. (i)(2)(B), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to chapter 50 (§ 4001 et seq.) of Title 42, The Public Health and Welfare. Chapter I of the Act is classified principally to subchapter I (§ 4011 et seq.) of chapter 50 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 42 and Tables.

### Prior Provisions

A prior section 9005 of Pub. L. 110–114 was renumbered section 9007, and is classified to section 3304 of this title.

### Amendments

2025—Subsec. (g)(2)(E)(i). Pub. L. 118–272 substituted “2030” for “2028”.

2022—Subsec. (g)(2)(E)(i). Pub. L. 117–263, § 8387(b), substituted “2028” for “2023”.

Subsec. (h)(1). Pub. L. 117–263, § 8387(c)(1), inserted “and levee rehabilitation” after “mitigation”.

Subsec. (h)(7). Pub. L. 117–263, § 8387(c)(2), substituted “$25,000,000” for “$10,000,000”.

Subsec. (h)(11). Pub. L. 117–263, § 8387(c)(3), added par. (11).

2018—Subsec. (g)(2)(E)(i). Pub. L. 115–270 substituted “2019 through 2023” for “2015 through 2019”.

2016—Subsec. (c)(1). Pub. L. 114–322, § 1130(c)(1)(A)(i), substituted “1 year after December 16, 2016,” for “1 year after June 10, 2014,” and “State, regional, local, and tribal governments and organizations” for “State, local, and tribal governments and organizations” in introductory provisions.

Subsec. (c)(1)(A). Pub. L. 114–322, § 1130(c)(1)(A)(ii), substituted “Federal, State, regional, local, and tribal agencies” for “Federal, State, tribal, and local agencies”.

Subsec. (c)(3)(A). Pub. L. 114–322, § 1130(c)(1)(B)(i), substituted “State, regional, local, and tribal governments” for “State, local, and tribal governments,”.

Subsec. (c)(3)(B). Pub. L. 114–322, § 1130(c)(1)(B)(ii), inserted “, regional, or tribal” after “State” in two places.

Subsec. (c)(5)(A). Pub. L. 114–322, § 1130(c)(1)(C), substituted “States, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders” for “States, non-Federal interests, and other appropriate stakeholders”.

Subsec. (e)(1). Pub. L. 114–322, § 1130(c)(2), substituted “States, regional districts, Indian tribes, communities, and levee owners” for “States, communities, and levee owners” in introductory provisions.

Subsec. (g). Pub. L. 114–322, § 1130(c)(3)(A), substituted “State, regional, and tribal” for “State and tribal” in heading.

Subsec. (g)(1)(A). Pub. L. 114–322, § 1130(c)(3)(B)(i), substituted “1 year after December 16, 2016,” for “1 year after June 10, 2014,” and “State, regional, or tribal” for “State or tribal”.

Subsec. (g)(1)(B). Pub. L. 114–322, § 1130(c)(3)(B)(ii), substituted “State, regional district, and Indian tribe” for “State and Indian tribe” and “State, regional district, or Indian tribe” for “State or Indian tribe” in introductory provisions.

Subsec. (g)(2). Pub. L. 114–322, § 1130(c)(3)(C)(i), substituted “States, regional districts, and Indian tribes” for “States” in heading.

Subsec. (g)(2)(A). Pub. L. 114–322, § 1130(c)(3)(C)(ii), substituted “States, regional districts, and Indian tribes” for “States and Indian tribes”.

Subsec. (g)(2)(B). Pub. L. 114–322, § 1130(c)(3)(C)(iii)(I), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” in introductory provisions.

Subsec. (g)(2)(B)(ii). Pub. L. 114–322, § 1130(c)(3)(C)(iii)(II), substituted “levees within the State or regional district” for “levees within the State”.

Subsec. (g)(2)(B)(iii). Pub. L. 114–322, § 1130(c)(3)(C)(iii)(III), substituted “State, regional district, or Indian tribe” for “State or Indian tribe”.

Subsec. (g)(2)(C)(ii). Pub. L. 114–322, § 1130(c)(3)(C)(iv), substituted “State, regional, or tribal” for “State or tribal” in introductory provisions.

Subsec. (g)(2)(E)(ii). Pub. L. 114–322, § 1130(c)(3)(C)(v)(I), substituted “States, regional districts, and Indian tribes” for “States and Indian tribes” wherever appearing.

Subsec. (g)(2)(E)(ii)(II). Pub. L. 114–322, § 1130(c)(3)(C)(v)(II)(aa), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” in introductory provisions.

Subsec. (g)(2)(E)(ii)(II)(aa). Pub. L. 114–322, § 1130(c)(3)(C)(v)(II)(bb), substituted “miles of levees in the State or regional district” for “miles of levees in the State”.

Subsec. (g)(2)(E)(ii)(II)(bb). Pub. L. 114–322, § 1130(c)(3)(C)(v)(II)(cc), substituted “miles of levees in all States and regional districts” for “miles of levees in all States”.

Subsec. (g)(2)(E)(iii). Pub. L. 114–322, § 1130(c)(3)(C)(v)(III), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” and “State, regional, or tribal” for “State or tribal”.

Subsec. (h)(1). Pub. L. 114–322, § 1130(c)(4)(A), substituted “States, regional districts, Indian tribes, and local governments” for “States, Indian tribes, and local governments”.

Subsec. (h)(2). Pub. L. 114–322, § 1130(c)(4)(B)(i), substituted “State, regional district, Indian tribe, or local government” for “State, Indian tribe, or local government” in introductory provisions.

Subsec. (h)(2)(E). Pub. L. 114–322, § 1130(c)(4)(B)(ii), substituted “State, regional, or tribal” for “State or tribal” in introductory provisions.

Subsec. (h)(3)(A). Pub. L. 114–322, § 1130(c)(4)(C)(i), substituted “State, regional district, Indian tribe, or local government” for “State, Indian tribe, or local government”.

Subsec. (h)(3)(D). Pub. L. 114–322, § 1130(c)(4)(C)(ii), substituted “180 days after December 16, 2016” for “180 days after June 10, 2014”.

Subsec. (h)(4)(A)(i). Pub. L. 114–322, § 1130(c)(4)(D), substituted “State, regional, or tribal” for “State or tribal”.

### Statutory Notes and Related Subsidiaries

### Rehabilitation of Existing Levees

Pub. L. 113–121, title III, § 3017, June 10, 2014, 128 Stat. 1300, as amended by Pub. L. 117–263, div. H, title LXXXI, § 8382(a), Dec. 23, 2022, 136 Stat. 3828; Pub. L. 118–272, div. A, title III, § 1303(i), Jan. 4, 2025, 138 Stat. 3115, provided that: In General.—The Secretary [of the Army] shall carry out measures that address consolidation, settlement, subsidence, sea level rise, and new datum to restore federally authorized hurricane and storm damage reduction projects that were constructed as of the date of enactment of this Act [June 10, 2014] to the authorized levels of protection of the projects if the Secretary determines the necessary work is technically feasible, environmentally acceptable, and economically justified. Limitation.—This section shall only apply to those projects for which the executed project partnership agreement provides that the non-Federal interest is not required to perform future measures to restore the project to the authorized level of protection of the project to account for subsidence and sea-level rise as part of the operation, maintenance, repair, replacement, and rehabilitation responsibilities.Cost Share.— In general.—The non-Federal share of the cost of construction of a project carried out under this section shall be determined as provided in subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213). Certain activities.—The non-Federal share of the cost of operations, maintenance, repair, replacement, and rehabilitation for a project carried out under this section shall be 100 percent. Report to Congress.—Not later than 5 years after the date of enactment of this Act, the Secretary shall include in the annual report developed under section 7001 [33 U.S.C. 2282d]— any recommendations relating to the continued need for the authority provided under this section; a description of the measures carried out under this section; any lessons learned relating to the measures implemented under this section; and best practices for carrying out measures to restore hurricane and storm damage reduction projects. Termination of Authority.—The authority of the Secretary under this section terminates on December 31, 2033.”

### “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.