§ 3303. Inventory and inspection of levees

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(a)Levee database

(1)In general Not later than 1 year after December 16, 2016, the Secretary shall establish and maintain a database with an inventory of the Nation’s levees.

(2)Contents The database shall include—

(A)location information of all Federal levees in the Nation (including global information system information) and updated levee information provided by States, regional districts, Indian tribes, Federal agencies, and other entities;

(B)utilizing such information as is available, the general condition of each levee; and

(C)an estimate of the number of structures and population at risk and protected by each levee that would be adversely impacted if the levee fails or water levels exceed the height of the levee.

(3)Availability of information

(A)Availability to Federal, State, regional, tribal, and local governmental agencies The Secretary shall make all of the information in the database available to appropriate Federal, State, regional, tribal, and local governmental agencies.

(B)Availability to the public The Secretary shall make the information in the database described in paragraph (2)(A), and such other information in the database as the Secretary determines appropriate, available to the public.

(b)Inventory and inspection of levees

(1)Federal levees The Secretary, at Federal expense, shall establish an inventory and conduct an inspection of all federally owned and operated levees.

(2)Federally constructed, nonfederally operated and maintained levees The Secretary shall establish an inventory and conduct an inspection of all federally constructed, non-federally operated and maintained levees, at the original cost share for the project.

(3)Participating levees For non-Federal levees the owners of which are participating in the emergency response to natural disasters program established under section 701n of this title, the Secretary shall establish an inventory and conduct an inspection of each such levee if the owner of the levee requests such inspection. The Federal share of the cost of an inspection under this paragraph shall be 65 percent.

(c)Levee review

(1)In general The Secretary shall carry out a one-time inventory and review of all levees identified in the national levee database.

(2)No Federal interest The inventory and inspection under paragraph

(1)does not create a Federal interest in the construction, operation, or maintenance of any levee that is included in the inventory or inspected under this subsection.

(3)Review criteria In carrying out the inventory and review, the Secretary shall use the levee safety action classification criteria to determine whether a levee should be classified in the inventory as requiring a more comprehensive inspection.

(4)State, regional, and tribal participation At the request of a State, regional district, or Indian tribe with respect to any levee subject to review under this subsection, the Secretary shall—

(A)allow an official of the State, regional district, or Indian tribe to participate in the review of the levee; and

(B)provide information to the State, regional district, or Indian tribe relating to the location, construction, operation, or maintenance of the levee.

(5)Exceptions In carrying out the inventory and review under this subsection, the Secretary shall not be required to review any levee that has been inspected by a State, regional district, or Indian tribe using the same methodology described in paragraph

(3)during the 1-year period immediately preceding June 10, 2014, if the Governor of the State or chief executive of the regional district or tribal government, as applicable, requests an exemption from the review.

(d)Identification of deficiencies

(1)In general For each levee included in an inventory established under subsection

(b)or for which the Secretary has conducted a review under subsection (c), the Secretary shall—

(A)identify the specific engineering and maintenance deficiencies, if any; and

(B)describe the recommended remedies to correct each deficiency identified under subparagraph (A), and, if requested by owner of a non-Federal levee, the associated costs of those remedies.

(2)Consultation In identifying deficiencies and describing remedies for a levee under paragraph (1), the Secretary shall consult with relevant non-Federal interests, including by providing an opportunity for comment by those non-Federal interests.

(Pub. L. 110–114, title IX, § 9004, Nov. 8, 2007, 121 Stat. 1290; Pub. L. 113–121, title III, § 3016(d), June 10, 2014, 128 Stat. 1292; Pub. L. 114–322, title I, § 1130(b), Dec. 16, 2016, 130 Stat. 1650; Pub. L. 116–260, div. AA, title I, § 131, Dec. 27, 2020, 134 Stat. 2644.)

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Pub. L. 110–114, title IX, § 9004
121 Stat. 1290
128 Stat. 1292
130 Stat. 1650
134 Stat. 2644
section 2 of Pub. L. 110–114

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§ 3303

Inventory and inspection of levees

Bills×48

Pub. L.×7

Stat.×7

Stat. Comp.×6

U.S.C.×4

U.S.C.§ 701n

Pub. L.Public Law 113-121

Pub. L.Public Law 114-322

Pub. L.Public Law 116-260

U.S.C.§ 2201

Pub. L.Pub. L. 110–114, title IX, § 9004

Stat.121 Stat. 1290

Stat.128 Stat. 1292

Stat.130 Stat. 1650

Stat.134 Stat. 2644

Cites 11 · showing 10Cited by 72 across 5 sources