Sec. 3013. VEGETATION MANAGEMENT POLICY
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## SEC. 3013 VEGETATION MANAGEMENT POLICY **[**[33 U.S.C. 701n note](/us/usc/t33/s701n)**]** ###
(a)Definition of Guidelines In this section, the term “guidelines” means the Corps of Engineers policy guidelines for management of vegetation on levees, including— ####
(1)Engineering Technical Letter 1110-2-571 entitled “Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtenant Structures” and adopted April 10, 2009; and ####
(2)the draft policy guidance letter entitled “Process for Requesting a Variance from Vegetation Standards for Levees and Floodwalls” (77 Fed. Reg. 9637 (Feb. 17, 2012)). ###
(b)Review The Secretary shall carry out a comprehensive review of the guidelines in order to determine whether current Federal policy relating to levee vegetation is appropriate for all regions of the United States. ###
(c)Factors ####
(1)In general In carrying out the review, the Secretary shall consider— #####
(A)the varied interests and responsibilities in managing flood risks, including the need— ######
(i)to provide the greatest benefits for public safety with limited resources; and ######
(ii)to ensure that levee safety investments minimize environmental impacts and provide corresponding public safety benefits; #####
(B)the levee safety benefits that can be provided by woody vegetation; #####
(C)the preservation, protection, and enhancement of natural resources, including— ######
(i)the benefit of vegetation on levees in providing habitat for species of concern, including endangered, threatened, and candidate species; and ######
(ii)the impact of removing levee vegetation on compliance with other regulatory requirements; #####
(D)protecting the rights of Indian tribes pursuant to treaties and statutes; #####
(E)determining how vegetation impacts the performance of a levee or levee system during a storm or flood event; #####
(F)the available science and the historical record regarding the link between vegetation on levees and flood risk; #####
(G)the avoidance of actions requiring significant economic costs and environmental impacts; and #####
(H)other factors relating to the factors described in subparagraphs
(A)through
(F)identified in public comments that the Secretary determines to be appropriate. ####
(2)Variance considerations #####
(A)In general In carrying out the review, the Secretary shall specifically consider factors that promote and allow for consideration of variances from guidelines on a Statewide, tribal, regional, or watershed basis, including variances based on— ######
(i)regional or watershed soil conditions; ######
(ii)hydrologic factors; ######
(iii)vegetation patterns and characteristics; ######
(iv)environmental resources, including endangered, threatened, or candidate species and related regulatory requirements; ######
(v)levee performance history, including historical information on original construction and subsequent operation and maintenance activities; ######
(vi)any effects on water supply; ######
(vii)any scientific evidence on the link between levee vegetation and levee safety; ######
(viii)institutional considerations, including implementation challenges and conflicts with or violations of Federal or State environmental laws; ######
(ix)the availability of limited funds for levee construction and rehabilitation; ######
(x)the economic and environmental costs of removing woody vegetation on levees; and ######
(xi)other relevant factors identified in public comments that the Secretary determines to be appropriate. #####
(B)Scope The scope of a variance approved by the Secretary may include a complete exemption to guidelines, if appropriate. ###
(d)Cooperation and Consultation; Recommendations ####
(1)In general The Secretary shall carry out the review under this section in consultation with other applicable Federal agencies, representatives of State, regional, local, and tribal governments, appropriate nongovernmental organizations, and the public. ####
(2)Recommendations #####
(A)Regional integration teams Corps of Engineers Regional Integration Teams, representing districts, divisions, and headquarters, in consultation with State and Federal resource agencies, and with participation by local agencies, shall submit to the Secretary any recommendations for vegetation management policies for levees that conform with Federal and State laws and other applicable requirements, including recommendations relating to the review of guidelines under subsection
(b)and the consideration of variances under subsection (c)(2). #####
(B)State, tribal, regional, and local entities The Secretary shall consider and accept recommendations from any State, tribal, regional, or local entity for vegetation management policies for levees that conform with Federal and State laws and other applicable requirements, including recommendations relating to the review of guidelines under subsection
(b)and the consideration of variances under subsection (c)(2). ###
(e)Independent Consultation ####
(1)In general As part of the review, the Secretary shall solicit and consider the views of independent experts on the engineering, environmental, and institutional considerations underlying the guidelines, including the factors described in subsection
(c)and any information obtained by the Secretary under subsection (d). ####
(2)Availability of views The views of the independent experts obtained under paragraph
(1)shall be— #####
(A)made available to the public; and #####
(B)included in supporting materials issued in connection with the revised guidelines required under subsection (f). ###
(f)Revision of Guidelines ####
(1)In general Not later than 18 months after the date of enactment of this Act, the Secretary shall— #####
(A)revise the guidelines based on the results of the review, including— ######
(i)recommendations received as part of the consultation described in subsection (d)(1); and ######
(ii)the views received under subsection (e); #####
(B)provide the public not less than 30 days to review and comment on draft guidelines before issuing final guidelines; and #####
(C)submit to Congress and make publicly available a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. ####
(2)Content; incorporation into manual The revised guidelines shall— #####
(A)provide a practical, flexible process for approving Statewide, tribal, regional, or watershed variances from the guidelines that— ######
(i)reflect due consideration of the factors described in subsection (c); and ######
(ii)incorporate State, tribal, and regional vegetation management guidelines for specific areas that— ######
(I)are consistent with the guidelines; and ######
(II)have been adopted through a formal public process; and #####
(B)be incorporated into the manual proposed under section 5(c) of the Act of August 18, 1941 (33 U.S.C. 701n(c)). ####
(3)Failure to meet deadlines If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of— #####
(A)why the deadline was missed; #####
(B)solutions needed to meet the deadline; and #####
(C)a projected date for submission of the report. ###
(g)Interim Actions ####
(1)In general Until the date on which revisions to the guidelines are adopted in accordance with subsection (f), 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. ####
(2)Revisions Beginning on the date on which the revisions to the guidelines are adopted in accordance with subsection (f), the Secretary shall reconsider, on request of an affected entity, any previous action of the Corps of Engineers in which the outcome was affected by the former guidelines.
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- 77 FR 9637
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