§3306 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Even with section 211 of the Water Resources Development Act of 2000 (31 U.S.C. 6505 note), the Secretary can, if a local government asks and pays the costs, give technical help to figure out why a federally built levee that the local government owns or runs is not approved by FEMA. If a federal levee the Secretary owns is hydraulically linked to that local levee, the Secretary should work with the local governments as much as possible on the same review. This does not change that local governments must operate and maintain their flood control, and it does not force the Secretary to spend extra federal money on levees the Secretary owns or runs.

Title 33, §3306

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Notwithstanding section 211 of the Water Resources Development Act of 2000 (31 U.S.C. 6505 note), the Secretary, at the request of a local government, is authorized to provide technical services, on a reimbursable basis, to the local government to assess the reasons a federally constructed levee owned or operated by the local government is not accredited by the Federal Emergency Management Agency.

(b)In carrying out this section, in a case in which a levee owned and operated by the Secretary is hydraulically tied to a levee described in subsection (a), the Secretary is encouraged to cooperate, to the maximum extent practicable, with the relevant local governmental entities in assessing the reasons the levee described in subsection (a) is not accredited.

(c)Nothing in this section—

(1)affects the responsibilities of a local government to operate and maintain its flood control infrastructure; or

(2)obligates the Secretary to expend additional Federal resources on levees owned and operated by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 211 of the Water Resources Development Act of 2000, referred to in subsec. (a), is section 211 of Pub. L. 106–541, which is set out as a note under section 6505 of Title 31, Money and Finance. Codification Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the America’s Water Infrastructure Act of 2018, and not as part of the National Levee Safety Act of 2007 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115–270, set out as a note under section 2201 of this title.

§3306 Certain levee improvements