Sec. 100240. LEVEES CONSTRUCTED ON CERTAIN PROPERTIES
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## SEC. 100240 LEVEES CONSTRUCTED ON CERTAIN PROPERTIES ###
(a)Definition In this section, the term “covered hazard mitigation land” means land that— ####
(1)was acquired and deed restricted under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) during the period beginning on January 1, 1999, and ending December 31, 2011; ####
(2)is located at— #####
(A)1029 Oak Street, Fargo, North Dakota; #####
(B)27 South Terrace, Fargo, North Dakota; #####
(C)1033 Oak Street, Fargo, North Dakota; #####
(D)308 Schnell Drive, Oxbow, North Dakota; or #####
(E)306 Schnell Drive, Oxbow, North Dakota; and ####
(3)is located in a community that— #####
(A)is participating in the National Flood Insurance Program on the date on which a State, local, or tribal government submits an application requesting to construct a permanent flood risk reduction levee under subsection (b); and #####
(B)certifies to the Administrator and the Chief of Engineers that the community will continue to participate in the National Flood Insurance Program. ###
(b)Authority Notwithstanding any other prohibition on construction on property acquired with funding from the Federal Emergency Management Agency for conversion to open space purposes, the Administrator shall allow the construction of a permanent flood risk reduction levee by a State, local, or tribal government on covered hazard mitigation land if— ####
(1)the Administrator and the Chief of Engineers make a determination that— #####
(A)construction of the proposed permanent flood risk reduction levee would more effectively mitigate against flooding risk than an open floodplain or other flood risk reduction measures; #####
(B)the proposed permanent flood risk reduction levee complies with Federal, State, and local requirements, including mitigation of adverse impacts and implementation of floodplain management requirements, which shall include an evaluation of whether the construction, operation, and maintenance of the proposed levee— ######
(i)would continue to meet best available industry standards and practices; ######
(ii)would be the most cost-effective measure to protect against the assessed flood risk; and ######
(iii)minimizes future costs to the Federal Government; #####
(C)the State, local, or tribal government seeking to construct the proposed permanent flood risk reduction levee has provided an adequate maintenance plan that documents the procedures the State, local, or tribal government will use to ensure that the stability, height, and overall integrity of the proposed levee and the structure and systems of the proposed levee are maintained, including— ######
(i)specifying the maintenance activities to be performed; ######
(ii)specifying the frequency with which maintenance activities will be performed; ######
(iii)specifying the person responsible for performing each maintenance activity (by name or title); ######
(iv)detailing the plan for financing the maintenance of the levee; and ######
(v)documenting the ability of the State, local, or tribal government to finance the maintenance of the levee; and ####
(2)before the commencement of construction, the State, local, or tribal government provides to the Administrator an amount— #####
(A)equal to the Federal share of all project costs previously provided by the Administrator under the applicable program for each deed restricted parcel of the covered hazard mitigation land, which the Administrator shall deposit in the National Flood Insurance Fund; and #####
(B)that does not include any Federal funds. ###
(c)Maintenance Certification ####
(1)In general A State, local, or tribal government that constructs a permanent flood risk reduction levee under subsection
(b)shall submit to the Administrator and the Chief of Engineers an annual certification indicating whether the State, local, or tribal government is in compliance with the maintenance plan provided under subsection (b)(1)(C). ####
(2)Review The Chief of Engineers shall review each certification submitted under paragraph
(1)and determine whether the State, local, or tribal government has complied with the maintenance plan.
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Sec. 100240
LEVEES CONSTRUCTED ON CERTAIN PROPERTIES
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