§3303b — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary must send to Congress and make public a report within 1 year after December 16, 2016, and every two years after that, about the condition of U.S. levees and how well the levee safety program is working. The report must say what progress has been made, how States, regions, and tribes are taking part, and give recommendations to better coordinate levee safety, floodplain management, and environmental protection (including how to handle permits for levee work). It must also include any recommended laws or actions for Congress. Each report must include the committee’s independent recommendations. Also, within 3 years after June 10, 2014, the Secretary and the Administrator, working with the committee, must report on whether and how to create a joint national dam and levee safety program. Within 2 years after December 16, 2016, the Comptroller General must report to Congress on ways to align federal programs to give incentives to States, regions, tribes, local governments, and others to share levee safety responsibility, strengthen local levee programs, and better link levee safety with other federal flood programs. Within 1 year after December 16, 2016, the Secretary must also report on legal liability (legal responsibility or risk of lawsuits) tied to levee engineering that stops owners from getting needed engineering help or stops development of State, regional, or tribal levee safety programs.

Title 33, §3303b

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)Not later than 1 year after December 16, 2016, and biennially thereafter, the Secretary in coordination with the committee, shall submit to Congress and make publicly available a report describing the state of levees in the United States and the effectiveness of the levee safety initiative, including—

(A)progress achieved in implementing the levee safety initiative;

(B)State, regional, and tribal participation in the levee safety initiative;

(C)recommendations to improve coordination of levee safety, floodplain management, and environmental protection concerns, including—

(i)identifying and evaluating opportunities to coordinate public safety, floodplain management, and environmental protection activities relating to levees; and

(ii)evaluating opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and

(D)any recommendations for legislation and other congressional actions necessary to ensure national levee safety.

(2)Each report under paragraph (1) shall include a report of the committee that describes the independent recommendations of the committee for the implementation of the levee safety initiative.

(b)Not later than 3 years after June 10, 2014, to the maximum extent practicable, the Secretary and the Administrator, in coordination with the committee, shall submit to Congress and make publicly available a report that includes recommendations regarding the advisability and feasibility of, and potential approaches for, establishing a joint national dam and levee safety program.

(c)Not later than 2 years after December 16, 2016, the Comptroller General of the United States shall submit to Congress a report on opportunities for alignment of Federal programs to provide incentives to State, regional, tribal, and local governments and individuals and entities—

(1)to promote shared responsibility for levee safety;

(2)to encourage the development of strong State, regional, and tribal levee safety programs;

(3)to better align the levee safety initiative with other Federal flood risk management programs; and

(4)to promote increased levee safety through other Federal programs providing assistance to State, regional, tribal, and local governments.

(d)Not later than 1 year after December 16, 2016, the Secretary shall submit to Congress and make publicly available a report that includes recommendations that identify and address any legal liability associated with levee engineering projects that prevent—

(1)levee owners from obtaining needed levee engineering services; or

(2)development and implementation of a State, regional, or tribal levee safety program.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 9006 of Pub. L. 110–114 was renumbered section 9008, and is classified to section 3305 of this title.

Amendments

2016—Subsec. (a)(1). Pub. L. 114–322, § 1130(d)(1)(A), substituted “1 year after

December 16, 2016” for “1 year after

June 10, 2014” in introductory provisions. Subsec. (a)(1)(B). Pub. L. 114–322, § 1130(d)(1)(B), substituted “State, regional, and tribal” for “State and tribal”. Subsec. (c). Pub. L. 114–322, § 1130(d)(2)(A), in introductory provisions, substituted “2 years after

December 16, 2016” for “2 years after

June 10, 2014” and “State, regional, tribal, and local” for “State, tribal, and local”. Subsec. (c)(2). Pub. L. 114–322, § 1130(d)(2)(B), substituted “State, regional, and tribal” for “State and tribal”. Subsec. (c)(4). Pub. L. 114–322, § 1130(d)(2)(C), substituted “State, regional, tribal, and local” for “State and local”. Subsec. (d). Pub. L. 114–322, § 1130(d)(3)(A), substituted “1 year after

December 16, 2016” for “1 year after

June 10, 2014” in introductory provisions. Subsec. (d)(2). Pub. L. 114–322, § 1130(d)(3)(B), substituted “State, regional, or tribal” for “State or tribal”.

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.

§3303b Reports