Title 33, Navigation and Navigable WatersRelease 119-110

§3303 Inventory and Inspection of Levees

Title 33 › CHAPTER 46 — NATIONAL LEVEE SAFETY PROGRAM › § 3303

Last updated Sep 22, 2026|Official source

Summary

Create and keep a national levee database not later than 1 year after December 16, 2016. The database must list where all Federal levees are (including GIS data) and include updates from States, regional districts, tribes, Federal agencies, and others. It must note the general condition of each levee and estimate how many buildings and people the levee protects and would be at risk if the levee failed or was overtopped. All of the database must be available to appropriate Federal, State, regional, tribal, and local agencies. The location data and other items the Secretary chooses must be available to the public. The Secretary must make an inventory and inspect levees: federally owned and operated levees at Federal expense; federally constructed but non‑Federal operated levees at the project’s original cost share; and non‑Federal levees whose owners join the emergency response program, if the owner asks, with the Federal share being 65 percent. The Secretary must do a one-time inventory and review of all levees in the database. That review does not create a Federal duty to build, operate, or maintain a levee. The Secretary must use the levee safety action classification criteria to flag levees needing more thorough inspection. States, regional districts, and tribes may join reviews on request and receive location, construction, operation, and maintenance information. A levee inspected by a State, regional district, or tribe using the same method during the 1-year period immediately preceding June 10, 2014 may be exempt if the State or tribal leader asks. For each levee inventoried or reviewed, the Secretary must identify engineering and maintenance problems, describe fixes, and, if a non‑Federal owner asks, give cost estimates. The Secretary must consult with and allow comment from relevant non‑Federal parties.

Full Legal Text

Title 33, §3303

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Levee database
(1)In general
Not later than 1 year after December 16, 2016, the Secretary shall establish and maintain a database with an inventory of the Nation’s levees.
(2)Contents
The database shall include—
(A)location information of all Federal levees in the Nation (including global information system information) and updated levee information provided by States, regional districts, Indian tribes, Federal agencies, and other entities;
(B)utilizing such information as is available, the general condition of each levee; and
(C)an estimate of the number of structures and population at risk and protected by each levee that would be adversely impacted if the levee fails or water levels exceed the height of the levee.
(3)Availability of information
(A)Availability to Federal, State, regional, tribal, and local governmental agencies
The Secretary shall make all of the information in the database available to appropriate Federal, State, regional, tribal, and local governmental agencies.
(B)Availability to the public
The Secretary shall make the information in the database described in paragraph (2)(A), and such other information in the database as the Secretary determines appropriate, available to the public.
(b)Inventory and inspection of levees
(1)Federal levees
The Secretary, at Federal expense, shall establish an inventory and conduct an inspection of all federally owned and operated levees.
(2)Federally constructed, nonfederally operated and maintained levees
The Secretary shall establish an inventory and conduct an inspection of all federally constructed, non-federally operated and maintained levees, at the original cost share for the project.
(3)Participating levees
For non-Federal levees the owners of which are participating in the emergency response to natural disasters program established under section 701n of this title, the Secretary shall establish an inventory and conduct an inspection of each such levee if the owner of the levee requests such inspection. The Federal share of the cost of an inspection under this paragraph shall be 65 percent.
(c)Levee review
(1)In general
The Secretary shall carry out a one-time inventory and review of all levees identified in the national levee database.
(2)No Federal interest
The inventory and inspection under paragraph (1) does not create a Federal interest in the construction, operation, or maintenance of any levee that is included in the inventory or inspected under this subsection.
(3)Review criteria
In carrying out the inventory and review, the Secretary shall use the levee safety action classification criteria to determine whether a levee should be classified in the inventory as requiring a more comprehensive inspection.
(4)State, regional, and tribal participation
At the request of a State, regional district, or Indian tribe with respect to any levee subject to review under this subsection, the Secretary shall—
(A)allow an official of the State, regional district, or Indian tribe to participate in the review of the levee; and
(B)provide information to the State, regional district, or Indian tribe relating to the location, construction, operation, or maintenance of the levee.
(5)Exceptions
In carrying out the inventory and review under this subsection, the Secretary shall not be required to review any levee that has been inspected by a State, regional district, or Indian tribe using the same methodology described in paragraph (3) during the 1-year period immediately preceding June 10, 2014, if the Governor of the State or chief executive of the regional district or tribal government, as applicable, requests an exemption from the review.
(d)Identification of deficiencies
(1)In general
For each levee included in an inventory established under subsection (b) or for which the Secretary has conducted a review under subsection (c), the Secretary shall—
(A)identify the specific engineering and maintenance deficiencies, if any; and
(B)describe the recommended remedies to correct each deficiency identified under subparagraph (A), and, if requested by owner of a non-Federal levee, the associated costs of those remedies.
(2)Consultation
In identifying deficiencies and describing remedies for a levee under paragraph (1), the Secretary shall consult with relevant non-Federal interests, including by providing an opportunity for comment by those non-Federal interests.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Subsec. (d). Pub. L. 116–260 added subsec. (d). 2016—Subsec. (a)(1). Pub. L. 114–322, § 1130(b)(1)(A), substituted “1 year after
December 16, 2016,” for “one year after
November 8, 2007,”. Subsec. (a)(2)(A). Pub. L. 114–322, § 1130(b)(1)(B), substituted “States, regional districts, Indian tribes, Federal agencies, and other entities” for “States, Indian tribes, Federal agencies, and other entities”. Subsec. (a)(3)(A). Pub. L. 114–322, § 1130(b)(1)(C), substituted “Federal, State, regional, tribal, and local” for “Federal, State, and local” in heading and text. Subsec. (c)(4). Pub. L. 114–322, § 1130(b)(2)(A), substituted “State, regional, and tribal” for “State and tribal” in heading and “State, regional district, or Indian tribe” for “State or Indian tribe” wherever appearing in text. Subsec. (c)(5). Pub. L. 114–322, § 1130(b)(2)(B), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” and “chief executive of the regional district or tribal government” for “chief executive of the tribal government”. 2014—Subsec. (a)(2)(A). Pub. L. 113–121, § 3016(d)(1), substituted “and updated levee information provided by States, Indian tribes, Federal agencies, and other entities” for “and, for non-Federal levees, such information on levee location as is provided to the Secretary by State and local governmental agencies”. Subsec. (c). Pub. L. 113–121, § 3016(d)(2), added subsec. (c).

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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 3303

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110