Sec. 3029. EMERGENCY RESPONSE TO NATURAL DISASTERS
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## SEC. 3029 EMERGENCY RESPONSE TO NATURAL DISASTERS ###
(a)Emergency Response to Natural Disasters Section 5(a)(1) of the Act of August 18, 1941 (33 U.S.C. 701n(a)(1)), is amended in the first sentence— ####
(1)by inserting “and subject to the condition that the Chief of Engineers may include modifications to the structure or project” after “work for flood control”; and ####
(2)by striking “structure damaged or destroyed by wind, wave, or water action of other than an ordinary nature when in the discretion of the Chief of Engineers such repair and restoration is warranted for the adequate functioning of the structure for hurricane or shore protection” and inserting “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, subject to the condition that the Chief of Engineers may include modifications to the structure or project to address major deficiencies or implement nonstructural alternatives to the repair or restoration of the structure if requested by the non-Federal sponsor”. ###
(b)Review of Emergency Response Authorities ####
(1)In general The Secretary shall undertake a review of implementation of section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), to evaluate the alternatives available to the Secretary to ensure— #####
(A)the safety of affected communities to future flooding and storm events; #####
(B)the resiliency of water resources development projects to future flooding and storm events; #####
(C)the long-term cost-effectiveness of water resources development projects that provide flood control and hurricane and storm damage reduction benefits; and #####
(D)the policy goals and objectives that have been outlined by the President as a response to recent extreme weather events, including Hurricane Sandy, that relate to preparing for future floods are met. ####
(2)Scope of review In carrying out the review, the Secretary shall— #####
(A)review the historical precedents and implementation of section 5 of that Act, including those actions undertaken by the Secretary, over time, under that section— ######
(i)to repair or restore a project; and ######
(ii)to increase the level of protection for a damaged project to address future conditions; #####
(B)evaluate the difference between adopting, as an appropriate standard under section 5 of that Act, the repair or restoration of a project to pre-flood or pre-storm levels and the repair or restoration of a project to a design level of protection, including an assessment for each standard of— ######
(i)the implications on populations at risk of flooding or damage; ######
(ii)the implications on probability of loss of life; ######
(iii)the implications on property values at risk of flooding or damage; ######
(iv)the implications on probability of increased property damage and associated costs; ######
(v)the implications on local and regional economies; and ######
(vi)the estimated total cost and estimated cost savings; #####
(C)review and evaluate the historic and potential uses, and economic feasibility for the life of the project, of nonstructural alternatives, including natural features such as dunes, coastal wetlands, floodplains, marshes, and mangroves, to reduce the damage caused by floods, storm surges, winds, and other aspects of extreme weather events, and to increase the resiliency and long-term cost-effectiveness of water resources development projects; #####
(D)incorporate the science on expected rates of sea-level rise and extreme weather events; #####
(E)incorporate the work completed by the Hurricane Sandy Rebuilding Task Force, established by Executive Order No. 13632 (77 Fed. Reg. 74341); and #####
(F)review the information obtained from the report developed under subsection (c)(1). ###
(c)Reports **[**[33 U.S.C. 701n-1](/us/usc/t33/s701n-1)**]** ####
(1)Biennial report to congress #####
(A)In general Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, 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 report detailing the amounts expended in the previous 5 fiscal years to carry out Corps of Engineers projects under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n). #####
(B)Inclusions A report under subparagraph
(A)shall, at a minimum, include a description of— ######
(i)each structure, feature, or project for which amounts are expended, including the type of structure, feature, or project and cost of the work; and ######
(ii)how the Secretary has repaired, restored, replaced, or modified each structure, feature, or project or intends to restore the structure, feature, or project to the design level of protection for the structure, feature, or project. ####
(2)Report on review of emergency response authorities Not later than 18 months after the date of enactment of this Act, 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 and make publicly available a report on the results of the review under subsection (b). # TITLE IV RIVER BASINS AND COASTAL AREAS
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- 77 FR 74341
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Sec. 3029
EMERGENCY RESPONSE TO NATURAL DISASTERS
Fed. Reg.77 FR 74341
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