§4131 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Require the Secretary to make sure at least one program activity in the Corps’ levee and dam safety work gives enough information so a levee can be accredited under section 65.10 of title 44, Code of Federal Regulations (or its replacement). The Secretary must, as much as possible, match the timing used by the National Flood Insurance Program under chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.). If the Corps runs the levee, the Secretary must try to work with local governments to share needed information quickly. If a non‑Federal group asks, the Secretary may do an earlier levee evaluation for the National Flood Insurance Program. That evaluation must at least meet section 65.10 of title 44 as it was on June 10, 2014, and follow procedures the Secretary sets with the FEMA Administrator. The Secretary can use money from section 1962d–16 to pay for these evaluations, must apply the cost share in section 1962d–16(b), and a non‑Federal group may pay up to 100% of the cost.

Title 42, §4131

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In carrying out section 100226 of Public Law 112–141 (42 U.S.C. 4101 note; 126 Stat. 942), the Secretary shall—

(1)ensure that at least 1 program activity carried out for levee systems under the levee safety and dam safety programs of the Corps of Engineers provides adequate information to the Secretary to reach a levee accreditation decision under section 65.10 of title 44, Code of Federal Regulations (or successor regulation);

(2)to the maximum extent practicable, carry out the activities referred to in paragraph (1) in alignment with the schedule established for the national flood insurance program established under chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.); and

(3)in the case of a levee system that is operated and maintained by the Corps of Engineers, to the maximum extent practicable, cooperate with local governments seeking a levee accreditation decision for the levee to provide information necessary to support the accreditation decision in a timely manner.

(b)(1)On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system evaluation of a federally authorized levee for purposes of the national flood insurance program established under chapter 1 11 So in original. Probably should be “chapter I”. of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) if the evaluation will be carried out earlier than such an evaluation would be carried out under subsection (a).

(2)A levee system evaluation under paragraph (1) shall—

(A)at a minimum, comply with section 65.10 of title 44, Code of Federal Regulations (as in effect on June 10, 2014); and

(B)be carried out in accordance with such procedures as the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, may establish.

(3)(A)The Secretary may use amounts made available under section 1962d–16 of this title to carry out this subsection.

(B)The Secretary shall apply the cost share under section 1962d–16(b) of this title to any activities carried out under this subsection.

(C)Notwithstanding subparagraph (B), a non-Federal interest may fund up to 100 percent of the cost of any activity carried out under this subsection.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Flood Insurance Act of 1968, referred to in subsecs. (a)(2) and (b)(1), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to this chapter. Chapter I of the Act is classified principally to subchapter I (§ 4011 et seq.) of this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 4001 of this title and Tables. Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.

Amendments

2020—Subsec. (a)(1). Pub. L. 116–260, § 142(b)(1)(A), substituted “for levee systems under the levee safety and dam safety programs” for “under the inspection of completed works program” and struck out “and” at end. Subsec. (a)(2). Pub. L. 116–260, § 142(b)(1)(B), substituted “the activities referred to in paragraph (1)” for “activities under the inspection of completed works program of the Corps of Engineers”, “chapter I” for “chapter 1”, and “; and” for period at end. Subsec. (a)(3). Pub. L. 116–260, § 142(b)(1)(C), added par. (3). Subsec. (b)(3)(C). Pub. L. 116–260, § 142(b)(2), added subpar. (C).

Statutory Notes and Related Subsidiaries

Definition of “Secretary” Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of Title 33, Navigation and Navigable Waters.

§4131 Levee certifications