§3301 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Gives plain meanings for words used in this chapter. Administrator is the head of FEMA. Canal structure is a built bank, wall, or structure along a canal or manmade waterway that holds or directs water, is often filled with water, and is part of a flood protection system; it does not include a barrier across a watercourse. Committee is the Committee on Levee Safety created by section 3302(a). Floodplain management is a community program of actions to reduce flood damage. Indian tribe has the meaning in 25 U.S.C. 5304. Inspection is an on-site check to locate a levee, see its general condition, and estimate the people and structures at risk if the levee fails or is overtopped. Levee is a manmade barrier (like an embankment or floodwall) whose main job is to protect against hurricanes, storms, high water, or heavy rain and that is usually wet for only a few days or weeks each year; it includes levee systems, certain canal structures, and road or rail embankments when they are part of the flood protection system, but it does not include non-integral road/rail embankments, canals built entirely in natural ground, canals already regulated to meet safety rules, small or unrecognized nonfederal structures (not part of a federal system, not recognized by the National Flood Insurance Program as protecting against the 1-percent-annual-chance flood, not greater than 3 feet high, protecting fewer than 50 individuals, or protecting less than 1,000 acres), or shoreline/riverbank protections. Levee feature is any part critical to a levee’s function (for example, an embankment section, floodwall section, closure, pump station, interior drainage work, or flood channel). Levee system is 1 or more connected levee segments and their features that together protect a defined area and where failure of one part can cause system failure. National levee database is the database set up under section 3303. Participating program is a State, regional, or tribal levee safety program that has the minimum parts needed for the Secretary’s recognition. Regional district is a state or multi-state government subdivision that can build and run flood-reduction projects. Rehabilitation is repair, replacement, rebuilding, removal, or reconfiguration of a levee or levee system (including setback levees) to reduce flood risk, improve resilience to extreme weather, or meet national levee safety guidelines, and includes related improvements. Risk is a measure of how likely and how severe bad outcomes would be. State includes the States, the District of Columbia, Puerto Rico, and other U.S. territories and possessions. State levee safety agency is the state agency that regulates non-Federal levee safety. United States, in a geographic sense, means all of the States.

Title 33, §3301

Navigation and Navigable Waters — Source: USLM XML via OLRC

In this chapter, the following definitions apply:

(1)The term “Administrator” means the Administrator of the Federal Emergency Management Agency.

(2)(A)The term “canal structure” means an embankment, wall, or structure along a canal or manmade watercourse that—

(i)constrains water flows;

(ii)is subject to frequent water loading; and

(iii)is an integral part of a flood risk reduction system that protects the leveed area from flood waters associated with hurricanes, precipitation events, seasonal high water, and other weather-related events.

(B)The term “canal structure” does not include a barrier across a watercourse.

(3)The term “committee” means the Committee on Levee Safety established by section 3302(a) of this title.

(4)The term “floodplain management” means the operation of a community program of corrective and preventative measures for reducing flood damage.

(5)The term “Indian tribe” has the meaning given the term in section 5304 of title 25.

(6)The term “inspection” means an actual inspection of a levee—

(A)to establish the global information system location of the levee;

(B)to determine the general condition of the levee; and

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

(7)(A)The term “levee” means a manmade barrier (such as an embankment, floodwall, or other structure)—

(i)the primary purpose of which is to provide hurricane, storm, or flood protection relating to seasonal high water, storm surges, precipitation, or other weather events; and

(ii)that is normally subject to water loading for only a few days or weeks during a calendar year.

(B)The term “levee” includes a levee system, including—

(i)levees and canal structures that—

(I)constrain water flows;

(II)are subject to more frequent water loading; and

(III)do not constitute a barrier across a watercourse; and

(ii)roadway and railroad embankments, but only to the extent that the embankments are integral to the performance of a flood damage reduction system.

(C)The term “levee” does not include—

(i)a roadway or railroad embankment that is not integral to the performance of a flood damage reduction system;

(ii)a canal constructed completely within natural ground without any manmade structure (such as an embankment or retaining wall to retain water or a case in which water is retained only by natural ground);

(iii)a canal regulated by a Federal or State agency in a manner that ensures that applicable Federal safety criteria are met;

(iv)a levee or canal structure—

(I)that is not a part of a Federal flood damage reduction system;

(II)that is not recognized under the National Flood Insurance Program as providing protection from the 1-percent-annual-chance or greater flood;

(III)that is not greater than 3 feet high;

(IV)the population in the leveed area of which is less than 50 individuals; and

(V)the leveed area of which is less than 1,000 acres; or

(v)any shoreline protection or river bank protection system (such as revetments or barrier islands).

(8)The term “levee feature” means a structure that is critical to the functioning of a levee, including—

(A)an embankment section;

(B)a floodwall section;

(C)a closure structure;

(D)a pumping station;

(E)an interior drainage work; and

(F)a flood damage reduction channel.

(9)The term “levee system” means 1 or more levee segments, including all levee features that are interconnected and necessary to ensure protection of the associated leveed areas—

(A)that collectively provide flood damage reduction to a defined area; and

(B)the failure of 1 of which may result in the failure of the entire system.

(10)The term “national levee database” means the levee database established under section 3303 of this title.

(11)The term “participating program” means a levee safety program developed by a State, regional district, or Indian tribe that includes the minimum components necessary for recognition by the Secretary.

(12)The term “regional district” means a subdivision of a State government, or a subdivision of multiple State governments, that is authorized to acquire, construct, operate, and maintain projects for the purpose of flood damage reduction.

(13)(A)The term “rehabilitation” means the repair, replacement, reconstruction, removal of a levee, or reconfiguration of a levee system, including a setback levee, that is carried out to reduce flood risk, increase resiliency to extreme weather events, or meet national levee safety guidelines.

(B)The term “rehabilitation” includes improvements to a levee in conjunction with any repair, replacement, reconstruction, or reconfiguration.

(14)The term “risk” means a measure of the probability and severity of undesirable consequences.

(15)The term “State” means—

(A)a State;

(B)the District of Columbia;

(C)the Commonwealth of Puerto Rico; and

(D)any other territory or possession of the United States.

(16)The term “State levee safety agency” means the agency of a State that has regulatory authority over the safety of any non-Federal levee in the State.

(17)The term “United States”, when used in a geographical sense, means all of the States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Par. (13). Pub. L. 117–263 designated existing provisions as subpar. (A) and inserted heading, inserted “, increase resiliency to extreme weather events,” after “flood risk”, and added subpar. (B). 2016—Par. (11). Pub. L. 114–322, § 1130(a)(1), substituted “State, regional district, or Indian tribe” for “State or Indian tribe”. Pars. (12) to (17). Pub. L. 114–322, § 1130(a)(2), (3), added par. (12) and redesignated former pars. (12) to (16) as (13) to (17), respectively. 2014—Pars. (1) to (6). Pub. L. 113–121, § 3016(b)(1)–(3), added pars. (1), (2), (4), and (5), and redesignated former pars. (1) and (2) as (3) and (6), respectively. Former pars. (3), (4), (5), and (6) redesignated (7), (14), (15), and (16), respectively. Par. (7). Pub. L. 113–121, § 3016(b)(4), added par. (7) and struck out former par. (7) which defined “levee”. Pub. L. 113–121, § 3016(b)(1), redesignated par. (3) as (7). Pars. (8) to (16). Pub. L. 113–121, § 3016(b)(1), (4), added pars. (8) to (13) and redesignated pars. (4) to (6) as (14) to (16), respectively.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 110–114, title IX, § 9001(a), formerly § 9001, Nov. 8, 2007, 121 Stat. 1288, renumbered § 9001(a) and amended by Pub. L. 113–121, title III, § 3016(a)(1), (2),

June 10, 2014, 128 Stat. 1289, provided that: “This title [enacting this chapter] may be cited as the ‘National Levee Safety Act of 2007’.” Purposes of the Safety Program Pub. L. 110–114, title IX, § 9001(b), as added Pub. L. 113–121, title III, § 3016(a)(3),

June 10, 2014, 128 Stat. 1289, provided that: “The purposes of this title [enacting this chapter] are— “(1) to ensure that human lives and property that are protected by new and existing levees are safe; “(2) to encourage the use of appropriate engineering policies, procedures, and technical practices for levee site investigation, design,

Construction

, operation and maintenance, inspection, assessment, and emergency preparedness; “(3) to develop and support public education and awareness projects to increase public acceptance and support of levee safety programs and provide information; “(4) to build public awareness of the residual risks associated with living in levee protected areas; “(5) to develop technical assistance materials, seminars, and guidelines to improve the security of levees of the United States; and “(6) to encourage the establishment of effective State and tribal levee safety programs.”

§3301 Definitions