Sec. 127. Vegetation on levees
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The Secretary of the Army, in accordance with subsection (c), shall undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees (in this section referred to as the guidelines ). The Secretary shall commence the review upon the date of enactment of this Act. In conducting the review, the Secretary shall examine the guidelines in view of— the varied interests and responsibilities in managing flood risks, including the need to provide the greatest levee safety benefit with limited resources; preserving, protecting, and enhancing natural resources, including the potential benefit that vegetation on levees can have in providing habitat for species of concern; protecting the rights of Indian tribes pursuant to treaties and statutes; determining how vegetation impacts the performance of a levee or levee system during a storm or flood event; and such other factors as the Secretary considers appropriate.
In conducting the review, the Secretary shall specifically consider factors that promote and allow for consideration of potential variances from national guidelines on a regional or watershed basis. Such factors may include regional or watershed soil conditions, hydrologic factors, vegetation patterns and characteristics, environmental resources, levee performance history, institutional considerations, and other relevant factors. The scope of a variance approved by the Secretary may include an exemption to national guidelines where appropriate.
The review shall be undertaken in cooperation with interested Federal agencies and in consultation with interested representatives of State and local governments, Indian tribes, appropriate nongovernmental organizations, and the public. Corps of Engineers Regional Integration Teams, representing districts, divisions, and headquarters, in consultation with State and Federal resources agencies, and with participation by local agencies, shall recommend to the Secretary vegetation management policies for levees that conform with State and Federal laws and other applicable requirements.
During the 1-year period beginning on the date of enactment of this Act, the Secretary shall— provide the public 30 days to review and comment on the guidelines; revise the guidelines based on consideration of the results of the public review; and submit to Congress a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. The revised guidelines shall— provide a practical process for approving regional or watershed variances from the national guidelines, reflecting due consideration of measures to maximize public safety benefits with limited resources, levee performance, regional climatic and hydrologic variations, environmental quality, implementation challenges, and allocation of responsibilities; and be incorporated into the manual proposed under section 5(c) of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 ( 33 U.S.C. 701n(c) ).
Concurrent with completion of the requirements of this section, the Secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies, or elements of projects or studies, that are not directly related to vegetation variance policy. Until the date on which revisions to the guidelines are adopted under this section, the Secretary shall not require the removal of existing vegetation as a condition or requirement for any approval or funding of a project, or any other action, unless the specific vegetation has been demonstrated to present an unacceptable safety risk.
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Sec. 127
Vegetation on levees
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