Sec. 109. Systemwide improvement framework and encroachments

507 words·~2 min read·/bill/118/hr/8812/rds/section-109

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Section 5(c) of the Act of August 18, 1941 ( 33 U.S.C. 701n(c) ) is amended— by striking paragraph

(2)and inserting the following: Notwithstanding the status of compliance of a non-Federal interest with the requirements of a levee owner’s manual, or any other eligibility requirement established by the Secretary related to the maintenance and upkeep responsibilities of the non-Federal interest, the Secretary shall consider the non-Federal interest to be eligible for repair and rehabilitation assistance under this section if— in coordination with the Secretary, the non-Federal interest develops a systemwide improvement plan that— identifies any items of deferred or inadequate maintenance and upkeep, including any such items identified by the Secretary or through periodic inspection of the flood control work; identifies any additional measures, including repair and rehabilitation work, that the Secretary determines necessary to ensure that the flood control work performs as designed and intended; and includes specific timelines for addressing such items and measures; and the Secretary— determines that the systemwide improvement plan meets the requirements of clause (i); and determines that the non-Federal interest makes satisfactory progress in meeting the timelines described in clause (i)(III). At the request of the non-Federal interest, the Secretary— shall review documentation developed by the non-Federal interest showing a covered encroachment does not negatively impact the integrity of the flood control work; shall make a written determination with respect to whether removal or modification of such covered encroachment is necessary to ensure the encroachment does not negatively impact the integrity of the flood control work; and may not determine that a covered encroachment is a deficiency requiring corrective action unless such action is necessary to ensure the encroachment does not negatively impact the integrity of the flood control work. ; and in paragraph (4), by adding at the end the following: The term covered encroachment means a permanent nonproject structure that— is located inside the boundaries of a flood control work; is depicted on construction drawings or operation and maintenance plans for the flood control work that are signed by an engineer of record; and is determined, by the Secretary, to be an encroachment of such flood control work. . Section 3011 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 701n note) is repealed. The amendments made by this section shall have no effect on any written agreement signed by the Secretary and a non-Federal interest pursuant to section 5(c)(2) of the Act of August 18, 1941 (as in effect on the day before the date of enactment of this Act) if the non-Federal interest otherwise continues to meet the requirements of section 5(c)(2) as in effect on the day before the date of enactment of this Act. The Secretary may not condition the eligibility of a non-Federal interest for rehabilitation assistance under section 5 of the Act of August 18, 1941 ( 33 U.S.C. 701n ) on the participation of the non-Federal interest in disaster preparedness exercises that are unrelated to necessary repairs, rehabilitation, maintenance, and upkeep of a flood control work.

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33 USC 701n(c)
33 USC 701n

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Sec. 109

Systemwide improvement framework and encroachments

Cite33 USC 701n(c)

Cite33 USC 701n

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