§3302 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Creates a Committee on Levee Safety made up of 16 people. Two members do not vote: the Secretary (or the Secretary’s designee) and the Administrator (or the Administrator’s designee). The Secretary appoints the other 14 voting members: eight state levee safety agency representatives (one from each of the eight Corps of Engineers civil works divisions), two private-sector levee safety experts, two local or regional government levee safety experts, and two Indian tribe levee safety experts. Voting members serve 3-year terms, but the first group is staggered so 5 serve 1 year, 5 serve 2 years, and 4 serve 3 years. Members can be reappointed and vacancies are filled the same way as the original appointment. The voting members choose a chair for up to 2 years. The committee can form volunteer standing committees from government and private groups and recommend their members to the Secretary. The committee must send an annual report to the Secretary and Congress about the levee safety effort (under section 3303b). It may get help or contracts from other federal agencies and must coordinate as much as possible with the Federal Interagency Floodplain Management Task Force. Federal employees on the committee get no extra pay but may receive per diem travel at rates under subchapter I of chapter 57 of title 5. If Congress provides funds, nonfederal members may get a stipend and the same per diem. Standing committee members serve voluntarily. Chapter 10 of title 5 does not apply to the committee.

Title 33, §3302

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)There is established a committee to be known as the “Committee on Levee Safety”.

(b)The committee shall be composed of 16 members as follows:

(1)The following 2 nonvoting members:

(A)The Secretary (or a designee of the Secretary).

(B)The Administrator (or a designee of the Administrator).

(2)The following 14 voting members appointed by the Secretary:

(A)Eight representatives of State levee safety agencies, one from each of the eight civil works divisions of the Corps of Engineers.

(B)Two representatives of the private sector who have expertise in levee safety.

(C)Two representatives of local and regional governmental agencies who have expertise in levee safety.

(D)Two representatives of Indian tribes who have expertise in levee safety.

(c)(1)(A)A voting member of the committee shall be appointed for a term of 3 years, except that, of the members first appointed—

(i)5 shall be appointed for a term of 1 year;

(ii)5 shall be appointed for a term of 2 years; and

(iii)4 shall be appointed for a term of 3 years.

(B)A voting member of the committee may be reappointed to the committee, as the Secretary determines to be appropriate.

(C)A vacancy on the committee shall be filled in the same manner as the original appointment was made.

(2)(A)The voting members of the committee shall appoint a chairperson from among the voting members of the committee.

(B)The chairperson shall serve a term of not more than 2 years.

(d)(1)The committee may establish standing committees comprised of volunteers from all levels of government and the private sector, to advise the committee regarding specific levee safety issues, including participating programs, technical issues, public education and awareness, and safety and the environment.

(2)The committee shall recommend to the Secretary for approval individuals for membership on the standing committees.

(e)The committee—

(1)shall submit to the Secretary and Congress an annual report regarding the effectiveness of the levee safety initiative in accordance with section 3303b of this title; and

(2)may secure from other Federal agencies such services, and enter into such contracts, as the committee determines to be necessary to carry out this subsection.

(f)The committee shall, to the maximum extent practicable, coordinate the activities of the committee with the Federal Interagency Floodplain Management Task Force.

(g)(1)Each member of the committee who is an officer or employee of the United States—

(A)shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States; but

(B)shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of the duties of the committee.

(2)To the extent amounts are made available to carry out this section in appropriations Acts, the Secretary shall provide to each member of the committee who is not an officer or employee of the United States a stipend and a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in performance of services for the committee.

(3)Each member of a standing committee shall serve in a voluntary capacity.

(h)Chapter 10 of title 5 shall not apply to the committee.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (h). Pub. L. 117–286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text. 2014—Subsec. (b). Pub. L. 113–121, § 3016(c)(1), added par. (1), redesignated par. (3) as (2), inserted “voting” after “14” in introductory provisions of par. (2), and struck out former pars. (1) and (2) which read as follows: “(1) The Secretary (or the Secretary’s designee), who shall serve as the chairperson of the Committee. “(2) The Administrator of the Federal Emergency Management Agency (or the Administrator’s designee).” Subsecs. (c) to (h). Pub. L. 113–121, § 3016(c)(2), (3), added subsecs. (c) to (g), redesignated former subsec. (g) as (h), and struck out former subsecs. (c) to (f) which related to duties, purposes, compensation of members, and travel expenses, respectively. 2008—Subsec. (f). Pub. L. 110–274 substituted “Subject to the availability of appropriations,” for “To the extent amounts are made available in advance in appropriations Acts,”.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.

§3302 Committee on Levee Safety