Sec. 6004. National levee safety program

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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.

The Secretary shall appoint— an administrator of the national levee safety program; and such staff as is necessary to implement the program. The sole duty of the administrator appointed under paragraph (1)(A) shall be the management of the national levee safety program. 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.

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). All Federal agencies shall consider the levee safety guidelines in activities relating to the management of levees. 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.

The Secretary shall establish a hazard potential classification system for use under the national levee safety program and participating programs. The Secretary shall review and, as necessary, revise the hazard potential classification system not less frequently than once every 5 years. 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.

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.

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. 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.

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. 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. The Secretary shall carry out a one-time inventory and inspection of all levees identified in the national levee database. 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. 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. 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. 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. 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. 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. 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. 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. 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. ). 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). 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. 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). 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. 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. 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. 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. The Secretary may provide technical support for the development and implementation of floodplain management plans prepared under this paragraph. 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. 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. A contract for assistance provided under this subsection shall not be considered to confer any proprietary interest on the United States. The maximum Federal share of the cost of any assistance provided under this subsection shall be 65 percent. The maximum amount of Federal assistance for a project under this subsection shall be $10,000,000. 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. 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. ).

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