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Code · BILL · 113th Congress · H.R. 3080 (Introduced in House) — To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and devel... · Sec. 123

Sec. 123. Levee safety

569 words·~3 min read·/bill/113/hr/3080/ih/section-123

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ) is amended by redesignating subsection
(e)as subsection
(f)and inserting after subsection
(d)the following: At the request of a State, and in consultation with that State and appropriate non-Federal interests, the Secretary may provide technical assistance to a State to— encourage effective State programs intended to ensure levee safety to protect human life and property; assist the State in establishing and carrying out a State levee safety program; and improve an existing State levee safety program. The purposes of technical assistance provided under this subsection shall be— to ensure that human lives and property that are protected by new and existing levees are safe; to encourage the use of appropriate engineering policies and procedures for levee site investigation, design, construction, operation and maintenance, and emergency preparedness; to encourage effective levee safety programs in a State; to develop and support public education and awareness projects to increase public acceptance and support of State levee safety programs; to build public awareness of the residual risks associated with living in levee protected areas; and to develop technical assistance materials, seminars, and guidelines to improve the security of levees in the United States. In carrying out this subsection, the Secretary, in consultation with States and non-Federal interests, shall establish Federal guidelines relating to levee safety. The guidelines established under subparagraph
(A)shall encompass, to the maximum extent practicable, activities and practices carried out by appropriate Federal agencies. The guidelines established under subparagraph
(A)shall encompass, to the maximum extent practicable— the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain levees; and Federal activities that facilitate State efforts to develop and implement effective State programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed flood plain management, and public education and training programs. The Secretary shall allow States and non-Federal interests, including appropriate stakeholders, to review and comment on the guidelines established under subparagraph
(A)before the guidelines are made final. To be eligible for technical assistance under this subsection, a State shall— be in the process of establishing or have in effect a State levee safety program under which a State levee safety agency, in accordance with State law, carries out the guidelines established under paragraph (3); and allocate sufficient funds in the budget of that State to carry out such State levee safety program. The Secretary shall enter into an agreement with each State receiving technical assistance under this subsection to develop a work plan necessary for the State levee safety program of that State to reach a level of program performance that meets the guidelines established under paragraph (3). The Secretary shall work with States receiving technical assistance under this subsection to develop State technical guidelines for levee inspection programs that— address hazard classifications and technically based frameworks for levee assessment; and are incorporated into State levee safety programs. Technical assistance may not be provided to a State under this subsection during a fiscal year unless the State enters into an agreement with the Secretary to ensure that the State will maintain during that fiscal year aggregate expenditures for programs to ensure levee safety that are at or above the average annual level of such expenditures for the State for the 2 fiscal years preceding that fiscal year. .
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  • 42 USC 1962d–16
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Sec. 123
Levee safety
Cite42 USC 1962d–16
Cites 1Cited by 0 across 0 sources
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