[House Report 109-609]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-609
======================================================================
NATIONAL LEVEE SAFETY PROGRAM ACT OF 2006
_______
July 28, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 4650]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4650) to direct the Secretary of
the Army to carry out programs and activities to enhance the
safety of levees in the United States, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Levee Safety Program Act of
2006''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Board.--The term ``Board'' means the National Levee
Safety Advisory Board established under section 4(d).
(2) Committee.--The term ``Committee'' means the Interagency
Committee on Levee Safety established by section 4(a).
(3) Levee.--
(A) In general.--The term ``levee'' means an
embankment (including floodwalls)--
(i) the primary purpose of which is to
provide hurricane, storm, and flood protection
relating to seasonal high water and storm
surges; and
(ii) that normally is subject to water
loading for only a few days or weeks during a
year.
(B) Inclusion.--The term ``levee'' includes
structures along canals that constrain water flows and
are subject to more frequent water loadings but that do
not constitute a barrier across a watercourse.
(4) Federal entity.--The term ``Federal entity'' means a
Federal agency or entity that designs, finances, constructs,
owns, operates, maintains, or regulates the construction,
operation, or maintenance of a levee.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Army.
(6) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(7) State levee safety agency.--The term ``State levee safety
agency'' means the State agency that has regulatory authority
over the safety of any non-Federal levee in a State.
(8) United states.--The term ``United States'', when used in
a geographical sense, means all of the States.
SEC. 3. INSPECTION AND INVENTORY OF LEVEES.
(a) In General.--The Secretary shall carry out a program under which,
as soon as practicable after the date of enactment of this Act, the
Secretary shall inspect levees in the United States for the purpose of
protecting human life and property.
(b) Levees to Be Inspected.--
(1) In general.--In carrying out the program under subsection
(a), the Secretary shall inspect--
(A) each levee in the United States constructed by
the Secretary;
(B) each levee in the United States maintained by the
Secretary;
(C) each levee constructed by a Federal entity and
identified to the Secretary by the head of such entity;
(D) each levee constructed by a federally recognized
Indian tribe, located on tribal lands, and identified
to the Secretary by the head of such tribe; and
(E) each levee located in a State identified by the
Governor of the State in a list transmitted to the
Secretary.
(2) Exceptions.--Notwithstanding paragraph (1), in carrying
out the program under subsection (a), the Secretary shall not
be required to inspect--
(A) any levee that has been inspected by a State
levee safety agency during the 1-year period
immediately preceding the date of enactment of this Act
if the Governor of the State requests an exception; and
(B) any levee that the Secretary determines would not
pose a significant threat to human life or property in
case of failure.
(c) State Participation.--On request of a State levee safety agency
with respect to any levee subject to an inspection under this Act and
the failure of which would affect the State, the Secretary shall--
(1) allow an official of the State levee safety agency to
participate in the inspection of the levee; and
(2) provide information to the State levee safety agency
relating to the location, construction, operation, or
maintenance of the levee.
(d) Determination.--
(1) Inspection requirements.--For the purpose of determining
whether the failure of a levee, including the release of any
water constrained by the levee, constitutes a danger to human
life or property, the Secretary shall take into consideration
the possibility that the levee may be in danger of failing due
to disparities in floodwall height or construction materials,
overtopping due to flooding or storm surges, seepage,
settlement, piping or internal erosion, cracking, earth
movement, earthquakes, hurricanes, the failure of bulkheads or
sheet walls, flashboards, gates or conduits, wetlands erosion,
soil erosion, hydrologic modification, or other conditions that
exist or may occur in any area in the vicinity of the levee.
(2) Previously-inspected levees.--For any levee with respect
to which the Secretary made any determination regarding the
safety of the levee before the date of the inspection of the
levee under this section, the Secretary shall review the
determination, taking into consideration information most
recently available to the Secretary relating to the matters
referred to in paragraph (1).
(e) Inspection Results.--
(1) Notice to states.--As soon as practicable after the
inspection of a levee under this Act, the Secretary shall
notify the Governor of the State in which such levee is
located, the Governor of any other affected State, any affected
local government authority, and any affected federally
recognized Indian tribe of the results of the inspection.
(2) Hazardous conditions.--If the Secretary finds a hazardous
condition during an inspection, the Secretary shall--
(A) immediately notify the Governor of the State in
which such levee is located, the Governor of any other
affected State, any affected local government
authority, and any affected federally recognized Indian
tribe; and
(B) provide to a Governor or entity referred to in
subparagraph (A), upon request, advice relating to
timely remedial measures necessary to mitigate or
obviate the hazardous condition.
(f) National Levee Inventory.--
(1) In general.--Not later than August 1, 2007, and every 2
years thereafter, the Secretary shall publish and submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate an inventory of--
(A) levees subject to inspection under this Act, and
a characterization of the risk posed by such levees;
and
(B) levees identified by a State under section
5(e)(2)(H).
(2) Considerations.--In determining the risk a levee poses
under paragraph (1)(A), the Secretary shall consider the
condition of the levee and the potential impact on human lives
and property if the levee fails.
(3) Contents.--An inventory to be submitted under paragraph
(1) shall include for each levee the following information:
(A) The location of the levee.
(B) The owner of the levee and any other responsible
party.
(C) The physical condition of the levee.
(D) The probability and consequences of a failure of
the levee.
SEC. 4. INTERAGENCY COMMITTEE ON LEVEE SAFETY.
(a) Establishment.--There is established a committee to be known as
the ``Interagency Committee on Levee Safety''.
(b) Membership.--The Committee shall be composed of 5 members as
follows:
(1) The Secretary (or the Secretary's designee), who shall
serve as the chairperson of the Committee.
(2) The Secretary of Agriculture (or the Secretary's
designee).
(3) The Secretary of the Interior (or the Secretary's
designee).
(4) The Director of the Federal Emergency Management Agency
(or the Director's designee).
(5) The United States Commissioner of the International
Boundary and Water Commission (or the Commissioner's designee).
(c) Duties.--The Committee shall support the establishment and
maintenance of effective Federal programs, policies, and guidelines to
enhance levee safety for the protection of human life and property
through coordination and information exchange among and between Federal
and non-Federal entities concerning the implementation of Federal
guidelines relating to levee safety.
(d) National Levee Safety Advisory Board.--
(1) Establishment.--The Committee shall establish an advisory
board, to be known as the ``National Levee Safety Advisory
Board'', to advise the Committee on--
(A) the safety of levees in the United States;
(B) the implementation of this Act by State levee
safety agencies; and
(C) policy relating to national levee safety.
(2) Membership.--The Board shall be composed of 14 members
appointed by the Secretary as follows:
(A) A representative of State levee safety agencies
for each of the 8 civil works divisions of the Corps of
Engineers.
(B) 2 representatives of the private sector who have
expertise in levee safety.
(C) 4 representatives of local and regional
governmental agencies with expertise in levee safety.
(3) Duties.--
(A) In general.--The Board shall support the
activities of the Committee and the establishment and
maintenance of effective programs, policies, and
guidelines to enhance levee safety for the protection
of human life and property throughout the United
States.
(B) Coordination and information exchange among
agencies.--In carrying out subparagraph (A), the Board
shall assist the Committee in coordination and
information exchange among and between Federal entities
and State levee safety agencies that share common
problems and responsibilities relating to levee safety,
including planning, design, construction, operation,
emergency action planning, inspections, maintenance,
regulation or licensing, technical or financial
assistance, research, and data management.
(4) Compensation of members.--A member of the Board shall
serve without compensation.
(5) Travel expenses.--To the extent amounts are made
available in advance in appropriations Acts, the Secretary
shall reimburse a member of the Board for travel expenses,
including per diem in lieu of subsistence, at rates authorized
for an employee of an agency under subchapter 1 of chapter 57
of title 5, United States Code, while away from the home or
regular place of business of the member in performance of
services for the Board.
(6) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Board.
SEC. 5. NATIONAL LEVEE SAFETY PROGRAM.
(a) In General.--The Secretary, in consultation with the Committee
and State levee safety agencies, shall establish and maintain a
national levee safety program.
(b) Purposes.--The purposes of the program under this section are--
(1) to ensure that human life and property protected by new
and existing levees are safe through the development of
technologically, economically, socially, and environmentally
feasible programs and procedures for hazard reduction and
mitigation relating to levees;
(2) to encourage acceptable engineering policies and
procedures to be used for levee site investigation, design,
construction, operation and maintenance, and emergency
preparedness;
(3) to encourage the establishment and implementation of
effective levee safety programs in each State;
(4) to develop and support public education and awareness
projects to increase public acceptance and support of State
levee safety programs;
(5) to build public awareness of the residual risks
associated with living in levee protected areas;
(6) to develop technical assistance materials for Federal and
State levee safety programs;
(7) to develop methods of providing technical assistance
relating to levee safety to non-Federal entities; and
(8) to develop technical assistance materials, seminars, and
guidelines to improve the security of levees in the United
States.
(c) Strategic Plan.--In carrying out the program under this section,
the Secretary shall--
(1) prepare a strategic plan to achieve the purposes of the
program under this section; and
(2) transmit, not later than 120 days after the date of
enactment of this Act, the plan to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(d) Federal Guidelines.--
(1) In general.--In carrying out the program under this
section, the Secretary, in consultation with the Committee,
shall establish Federal guidelines relating to levee safety.
(2) Incorporation of federal activities.--The Federal
guidelines under paragraph (1) shall incorporate, to the
maximum extent practicable, activities and practices carried
out by a Federal entity as of the date on which the guidelines
are established.
(3) Incorporation of state and local activities.--The program
under this section shall incorporate, to the maximum extent
practicable--
(A) the activities and practices carried out by
States, local governments, and the private sector to
safely build, regulate, operate, and maintain levees;
and
(B) Federal activities that foster State efforts to
develop and implement effective programs for the safety
of levees.
(e) Assistance for State Levee Safety Programs.--
(1) In general.--To encourage the establishment and
maintenance of effective State programs intended to ensure
levee safety to protect human life and property and to improve
State levee safety programs, the Secretary shall provide
assistance, using amounts made available to carry out this Act,
to assist States in establishing and carrying out levee safety
programs.
(2) Criteria.--To be eligible for assistance under this
subsection, a State shall be in the process of establishing or
have in effect a State levee safety program under which the
State levee safety agency, in accordance with State law,
shall--
(A) review and approve plans and specifications to
construct, enlarge, modify, remove, and abandon levees;
(B) perform periodic inspections during levee
construction to ensure compliance with approved plans
and specifications;
(C) require or perform the inspection, at least once
every 5 years, of all levees that would pose a
significant threat to human life and property in case
of failure to determine the continued safety of the
levees and a procedure for more detailed and frequent
safety inspections;
(D) require that all inspections of levees be
performed under the supervision of a State-registered
professional engineer with experience in levee design
and construction;
(E) issue notices, when appropriate, to require
owners of levees to perform necessary maintenance or
remedial work, improve security, revise operating
procedures, or take other actions, including breaching
levees when necessary;
(F) provide necessary funds from State sources or by
requiring levee owners to pay for timely repairs or
other changes to, or removal of, a levee in order to
protect human life and property;
(G) establish a system of emergency procedures to be
used by the State, or required to be used by levee
owners, if a levee fails or the failure of a levee is
imminent;
(H) identify and provide information to the Secretary
on--
(i) each levee the failure of which could be
reasonably expected to endanger human life and
property;
(ii) the maximum area that could be flooded
if the levee failed; and
(iii) critical public facilities that would
be affected by the flooding, including costs
and consequences of the flooding; and
(I) issue regulations necessary to carry out the
program.
(3) Budgeting requirement.--To be eligible for assistance
under this subsection, a State shall allocate sufficient funds
in its budget to carry out a State levee safety program.
(4) Work plans.--The Secretary shall enter into an agreement
with each State receiving assistance under this subsection to
develop a work plan necessary for the State levee safety
program to reach a level of program performance specified in
the agreement.
(5) Maintenance of effort.--Assistance may not be provided to
a State under this subsection for a fiscal year unless the
State enters into such agreement with the Secretary as the
Secretary requires to ensure that the State will maintain the
aggregate expenditures of the State from all other sources for
programs to ensure levee safety for the protection of human
life and property at or above a level equal to the average
annual level of such expenditures for the 2 fiscal years
preceding the fiscal year.
(6) Approval of programs.--
(A) Submission.--To be eligible for assistance under
this subsection, a State shall submit to the Secretary
a State levee safety program and receive the
Secretary's approval of the program.
(B) Approval.--
(i) In general.--If the Secretary determines
that a program submitted by a State under
subparagraph (A) substantially meets the
requirements of this subsection, the Secretary
shall approve the program and immediately
notify the State in writing of the approval.
(ii) Deemed approval.--A program submitted by
a State under subparagraph (A) shall be deemed
to be approved by the Secretary on the 120th
day following the date of the Secretary's
receipt of the program unless the Secretary
before such 120th day approves or disapproves
the program.
(C) Notification of disapproval.--If the Secretary
determines that a program submitted by a State under
subparagraph (A) does not substantially meet the
requirements of this subsection, the Secretary shall
disapprove the program, immediately notify the State in
writing of the disapproval, and provide the reasons for
the disapproval and the changes that are necessary for
the program to be approved.
(7) Reviews of state levee safety programs.--
(A) Periodic reviews.--The Secretary shall
periodically review State levee safety programs.
(B) Revocation of program approval.--If the Secretary
finds that a State levee safety program has proven
inadequate to reasonably protect human life and
property, the Secretary shall revoke approval of the
State levee safety program, and withhold assistance
under this subsection, until the State levee safety
program again substantially meets the requirements for
approval.
(f) Report.--Not later than January 1, 2007, and every 2 years
thereafter, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
describing--
(1) the status of the program under this section;
(2) the progress made by Federal entities during the 2
preceding fiscal years in implementing Federal guidelines
relating to levee safety;
(3) the progress made by State levee safety agencies
participating in the program; and
(4) recommendations for legislative or other action that the
Secretary considers to be necessary, if any.
SEC. 6. RESEARCH PROGRAM.
(a) In General.--The Secretary, in cooperation with the Committee,
shall carry out a program of technical and archival research to develop
and support--
(1) improved techniques, historical experience, and equipment
for rapid and effective levee construction, maintenance,
rehabilitation, and inspection;
(2) the development of devices for the continued monitoring
of levee safety;
(3) the development and maintenance of information resources
systems required to manage levee safety projects; and
(4) public policy initiatives and other improvements relating
to levee safety engineering, security, and management.
(b) Participation by State Levee Safety Agencies.--In carrying out
the program under subsection (a), the Secretary shall--
(1) solicit participation from State levee safety agencies;
and
(2) periodically update State levee safety agencies, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Environment and Public
Works of the Senate on the status of the program.
SEC. 7. LEVEE SAFETY TRAINING PROGRAM.
Upon request of a State that has (or intends to develop) a State
levee safety program, the Secretary shall establish a program under
which the Secretary shall provide training for State levee safety
agency staff.
SEC. 8. EFFECT OF ACT.
Nothing in this Act--
(1) creates any liability of the United States or its
officers or employees for the recovery of damages caused by an
action or failure to act; or
(2) relieves an owner or operator of a levee of a legal duty,
obligation, or liability incident to the ownership or operation
of a levee.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry out
this Act $15,000,000 for each of fiscal years 2007 through 2012. Such
sums shall remain available until expended.
PURPOSE OF THE LEGISLATION
The purpose of H.R. 4650 is to direct the Secretary of the
Army to carry out programs and activities to enhance the safety
of levees and those living in levee-protected areas.
BACKGROUND AND NEED FOR LEGISLATION
The 2005 hurricane season illustrated the importance of
flood protection infrastructure and in particular the
importance of levees. When they fail or are overwhelmed by a
massive flood event, the consequences can be catastrophic.
While much of the attention has been focused on the Gulf Coast,
particularly on the hundreds of miles of levees protecting New
Orleans, it is important to recognize that many other cities
around the country face the same, if not greater risk, of
flooding.
The United States Army Corps of Engineers has constructed
nearly 9,000 miles of the nation's estimated 15,000 miles of
levees. On the federal level, new levee construction requires
complex engineering and its capacity is based on a level of
protection that is justified by an analysis of the risks,
costs, and benefits of constructing the project. There are
strict engineering standards required when a federal levee is
designed and built.
There are undoubtedly thousands of miles of other levees
built by other federal agencies, states, towns, farmers, and
landowners. Some of these are well-built and well-maintained
levees. Others are not. What we know about the existence and
condition of these other levees we often learn when one fails
or is overwhelmed by a flood event. There has never been an
inventory of the levees in the country that could identify
where they are, what condition they are in, or what resources
are at risk if one should fail or be overtopped.
Except for the mainline levees of the lower Mississippi
River, maintenance of the levees constructed by the Corps of
Engineers is a non-federal responsibility. Little is known
about the current condition of both federal and non-federal
levees, including whether these levees were designed to meet
current conditions, or whether they have been properly
maintained by the non-federal interest.
People and property behind a levee are always subject to
some level of risk although, often those living and working
behind levees are unaware of the risk. That risk may have to do
with the height or the condition of the levee or the risk that
a flood event will occur that is greater than the design of the
levee.
For urban areas, the federal government typically designs
levees and flood damage reduction projects around a 1-percent
annual probability of such an event, more commonly referred to
as a ``100-year flood'', as the minimum standard for
identifying, mapping, and managing flood hazards. Often in
urban areas, a greater level of protection is warranted and
larger levees are constructed. Levees that protect agricultural
lands typically are designed to protect against smaller floods
that are more likely to occur in a given year, such as a flood
with an annual probability of 20 percent, more commonly
referred to as a ``five year flood.''
The Federal Emergency Management Agency (FEMA) operates the
National Flood Insurance Program as a way to manage flood risk
without having to rely on federal disaster assistance. In the
United States there is only a small private insurance market
for flood insurance. Participating communities are required to
adopt building codes and other types of activities that will
reduce losses posed by a 100-year flood. However, structures
built behind the protection of 100-year levees are not
designated as being within the floodplain, and therefore
occupants within these areas are not required to participate in
the National Flood Insurance Program. FEMA does require levees
protecting flood-prone areas to be certified for structural
soundness, proper maintenance, and provide protection against a
100-year flood. The Army Corps of Engineers performs a majority
of these certifications, however, this process is currently not
designed to assess the geotechnical conditions of the levees or
the hydrological conditions of the areas to be protected. While
levee structures may be sound, the underlying geology or
hydrology may impact the structure. Performing this type of
assessment could represent a significant cost for levee owners.
The Corps estimates that to perform these types of assessments
for the 1,600 miles of levees in California's Central Valley
will cost $100 million, or $60,000 per mile of levee.
While some States have programs to regulate levees
constructed by non-federal entities, the majority of States do
not have such programs. Those States that have programs are in
response to the National Flood Insurance Program or regulatory
programs that require localities to control land use or
implement other floodplain management measures. Under the
National Flood Insurance Program, the Federal Emergency
Management Agency can exempt communities from certain
requirements of the program if the communities can show that
the levees protecting them are designed, constructed, located,
and maintained according to certain criteria. The accuracy of
maps used by the Federal Emergency Management Agency (FEMA) to
define flood hazard areas are currently under review, as more
than 75 percent of them are more than 10 years old, raising
concerns that hydrologic data has changed since the maps were
last reviewed. A 2004 analysis by the Army Corps of Engineers
found some locations along the Missouri River where the 100-
year flood elevation is four feet higher than what was shown on
previous flood maps. As FEMA updates its maps through its Map
Modernization Initiative, some communities that were once
thought to be protected from the 100-year flood event may find
themselves with less protection and subjected to different
flood insurance requirements.
SUMMARY OF THE LEGISLATION
Section 1. Short title
Section 1 of the bill specifies that the short title is the
``National Levee Safety Program Act of 2006.''
Section 2. Definitions
Section 2 of the bill defines (1) ``Board'' to mean the
National Levee Safety Advisory Board, (2) ``Committee'' to mean
the Interagency Committee on Levee Safety, (3) ``Levee'' tomean
an embankment or structure that's primary purpose is to provide
hurricane, storm, and flood protection relating to seasonal high water
and storm surges and that is normally subject to water loading for only
a few days or weeks during a year, including structures along canals
that constrain water flows and are subject to more frequent water
loadings but do not constitute a barrier across a watercourse, (4)
``Federal Entity'' to mean a federal agency that designs, finances,
constructs, owns, operates, maintains, or regulates the construction,
operation, or maintenance of a levee, (5) ``Secretary'' to mean the
Secretary of the Army, (6) ``State'' to mean a State, the District of
Columbia, the Commonwealth of Puerto Rico, or any territorial
possession of the United States, (7) ``State Levee Safety Agency'' to
mean a State agency that has regulatory authority over the safety of
any non-federal levee in the State, and (8) ``United States'' to mean,
in a geographical sense, all of the States.
Section 3. Inspection and inventory of levees
Section 3 of the bill creates a program authorizing the
Secretary to inspect levees constructed or maintained by the
Corps of Engineers, each levee constructed by other Federal
entities or Indian tribe, and any levee identified by the
Governor of a State. Levees that do not pose a significant
threat in case of failure would be exempt from inspection under
this Act. State officials are permitted to accompany the
Secretary during inspections, and the Secretary may provide
information to the State levee safety agency relating to the
location, construction, and maintenance of a levee.
In determining whether the failure of a levee constitutes a
danger to life or property, the bill requires the Secretary
during the levee inspection to take into consideration multiple
scenarios that could lead to a levee failure. The Secretary
will then report to the Governors of the affected States, local
governments, and tribes the results of these levee inspections.
Should hazardous conditions be found during the inspection, the
Secretary shall also provide to the Governors of the affected
States advice relating to measures necessary to mitigate or
obviate the hazard.
Section 3 also requires the Secretary to submit to Congress
by August 1, 2007, and every two years thereafter, a national
inventory of levees inspected and a characterization of the
risks posed by the levees. In determining the risk, the
Secretary shall consider the condition of the levee and the
potential impact on human lives and property if the levee
fails. The inventory shall include the location of the levee,
the owner of the levee, the physical condition of the levee,
and the probability and consequences of failure of the levee.
The Secretary is not required to conduct risk assessments of
levees identified to the Secretary under section 5(e)(2)(H) of
this Act.
Section 4. Interagency Committee on Levee Safety
Section 4 establishes the five-member Interagency Committee
on Levee Safety to establish and maintain effective programs
and policies to enhance levee safety among Federal and non-
Federal entities. The five-member Committee shall include the
Secretary of the Army, the Secretary of Agriculture, the
Secretary of the Interior, the Director of the Federal
Emergency Management Agency, and the United States Commissioner
of the International Boundary and Water Commission.
The Committee shall be supported by the National Levee
Safety Advisory Board. The Board shall assist the Committee in
coordination and information exchange between the Federal
agencies and State levee safety agencies that share common
challenges and responsibilities. The Board shall be comprised
of eight representatives from State levee safety agencies
representing each of the eight Army Corps of Engineers
divisions, two representatives from the private sector who have
expertise in levee safety, and four representatives of local
and regional governmental agencies with expertise in levee
safety. These Board members shall serve without compensation,
but may be reimbursed for travel expenses including per diem.
The Federal Advisory Committee Act shall not apply to this
section.
Section 5. National levee safety program
Section 5 authorizes the Secretary to establish and
maintain a national levee safety program, in consultation with
State levee safety agencies and the Interagency Committee on
Levee Safety. The program shall ensure that life and property
is protected by levees that are safe through the development of
technologically, economically, socially, and environmentally
feasible programs and procedures for hazard reduction and
mitigation. The program will encourage acceptable engineering
policies and procedures to be used for levee site
investigation, design, construction, operation and maintenance,
and emergency preparedness. The program shall encourage the
establishment and implementation of effective levee safety
programs. The program shall develop and support public
education and awareness projects to increase public acceptance
and support of State levee safety programs. The program shall
build public awareness of the residual risks associated with
living in levee protected areas. The program shall develop
technical assistance materials for federal and State levee
safety programs. The program shall develop methods of providing
technical assistance relating to levee safety to non-federal
entities. The program shall develop technical assistance
materials, seminars, and guidelines to improve the security of
levees. The program shall incorporate the activities and
practices carried out by States, local governments, and the
private sector to safely build, regulate, operate, and maintain
levees. The program shall incorporate federal activities that
foster State efforts to develop and implement effective
programs for the safety of levees.
In addition, the Secretary shall prepare a strategic plan
to achieve the purposes of the program and submit it to the
House Committee on Transportation and Infrastructure and the
Senate Committee on Environment and Public Works within 120
days of enactment. In carrying out the program, the Secretary,
in consultation with the Interagency Committee on Levee Safety,
shall establish federal guidelines relating to levee safety,
and shall incorporate activities and practices currently being
carried out by federal agencies.
To encourage the establishment and maintenance of State
programs to ensure levee safety, and to improve State levee
safety programs, the Secretary shall provide assistance through
amounts available by the Act, to assist States in carrying out
levee safety programs.
To be eligible for assistance, a State shall be in the
process of establishing or have in effect a State levee safety
program. The State levee safety program shall review and
approve plans and specifications to construct, enlarge, modify,
remove, and abandon levees. The State levee safety program
shall perform periodic inspections during levee construction to
ensure compliance with approved plans and specifications. The
State levee safety program shall require or perform the
inspection, at least once every five years, of all levees that
pose a significant threat to human life and property in case of
failure to determine the continued safety of the levees and a
procedure for more detailed and frequent safety inspections.
The State levee safety program shall require all inspections of
levees be performed under the supervision of a State-registered
professional engineer with experience in levee design and
construction. The State levee safety program shall issue
notices when appropriate to require owners of levees to perform
necessary maintenance or remedial work, improve security,
revise operating procedures, or take other actions, including
breaching levees when necessary. The State levee safety program
shall provide necessary funds from State sources or require
levee owners to pay for timely repairs or other changes to, or
removal of, a levee in order to protect human life or property.
The State levee safety program shall identify and provide
information to the Secretary for each levee the failure of
which could be reasonably expected to endanger human life and
property, on the maximum area that could be flooded if a levee
failed, and critical public facilities that would be affected
by the flooding including the costs and consequences of the
flooding. The State levee safety program shall issue
regulations necessary to carry out the program. Lastly, to be
eligible for assistance, the State shall allocate sufficient
funds in its budget to carry out a State levee safety program.
The Secretary shall enter into an agreement with each State
receiving assistance to develop a work plan necessary for the
State levee safety program to reach a level of program
performance specified in the agreement. Assistance may not be
provided to a State for a fiscal year unless the State enters
into such agreement with the Secretary as the Secretary
requires to ensure the State will maintain the aggregate
expenditures of the State from all other sources for programs
to ensure levee safety for the protection of human life and
property at or above a level equal to the average annual level
of such expenditures for the two fiscal years preceding the
fiscal year. To be eligible for assistance, a State shall
submit to the Secretary for approval a State levee safety
program. If the Secretary determines the program substantially
meets the requirements, the Secretary shall approve the program
and immediately inform the State in writing of the approval. A
program submitted by a State shall be deemed to be approved by
the Secretary on the 120th day of the Secretary's receipt of
the program unless the Secretary approves or disapproves the
program before the 120th day. If the Secretary determines the
State program does not substantially meet the requirements, the
Secretary shall disapprove the program, immediately notify the
State in writing of the disapproval, and provide the reasons
for the disapproval and the changes necessary for the program
to be approved.
The Secretary shall periodically review State levee safety
programs. If the Secretary finds that a State levee safety
program has proven inadequate to reasonably protect human life
and property, the Secretary shall revoke approval of the State
levee safety program, and withhold assistance under this
subsection, until the State levee safety program again
substantially meets the requirements for approval. Not later
than January 1, 2007, and every two years thereafter, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report describing the status of the program, the progress made
by Federal agencies during the two preceding fiscal years in
implementing Federal guidelines for levee safety, the progress
made by State levee safety agencies participating in the
program, and recommendations for legislative or other action
that the Secretary considers to be necessary, if any.
Section 6. Research program
Section 6 authorizes the Secretary, in cooperation with the
Interagency Committee on Levee Safety, to carry out a program
of technical and archival research to develop and support
improved techniques, historical experience, and equipment for
rapid and effective levee construction, rehabilitation, and
inspection, the development of devices for the continued
monitoring of levee safety, the development and maintenance of
information resources systems required to manage levee safety
projects, public policy initiatives and other improvements
relating to levee safety engineering, security, and management.
In carrying out the program, the Secretary shall solicit
participation from State levee safety agencies, and
periodically update State levee safety agencies, the Committee
on Transportation and Infrastructure of the House of
Representatives, and the Committee on Environment and Public
Works of the Senate on the status of the program.
Section 7. Levee safety training program
The Secretary shall establish a program under which the
Secretary shall provide, upon request of a State, that has (or
intends to develop) a State levee safety program, training for
State levee safety agency staff.
Section 8. Effect of Act
Section 8 stipulates that nothing in this Act creates any
liability of the United States or its officers or employees for
the recovery of damages caused by an action or failure to act
or relieves an owner or operator of a levee of a legal duty,
obligation, or liability incident to the ownership or operation
of a levee.
Section 9. Authorization of appropriations
Section 9 authorizes $15,000,000 in appropriations to the
Secretary to carry out this Act for each of fiscal years 2007
through 2012. Such sums shall remain available until expended.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
The Committee on Transportation and Infrastructure met in
open session on June 28, 2006, and ordered H.R. 4650 favorably
reported, with an amendment, to the House by voice vote.
ROLLCALL VOTES
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with ordering H.R.
4650 reported. A motion to order H.R. 4650 reported to the
House was agreed to by voice vote.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
COST OF LEGISLATION
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
COMPLIANCE WITH HOUSE RULE XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
section 308(a) of the Congressional Budget Act of 1974, the
Committee references the report of the Congressional Budget
Office included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation are to
create a National Levee Safety Program, to encourage that new
and existing levees are safe, to encourage acceptable levee
engineering policies and procedures, to establish and implement
State levee safety programs and standards, to support public
education about levees, to develop technical assistance
materials for Federal and State governments, to provide
technical assistance to non-Federal entities, and to improve
the security of levees.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
4650 from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 13, 2006.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4650, the National
Levee Safety Program Act of 2006.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
H.R. 4650--National Levee Safety Program Act of 2006
Summary: H.R. 4650 would authorize the appropriation of $15
million a year over the 2007-2012 period for a levee (i.e.,
flood control embankments) safety program, including the
inspection and inventory of levees, to be administered by the
Army Corps of Engineers. The Corps would inspect levees that it
constructed and maintains, as well as those financed,
constructed, or maintained by other federal agencies and Indian
tribes. In addition, the Corps would inspect other levees that
are identified by state Governors as a threat to human life or
property in case of a failure. The bill also would establish a
National Levee Safety Advisory Board. Finally, H.R. 4650 would
authorize a research program on levee construction and
maintenance, and a training and assistance program for state
levee safety officials.
Assuming appropriation of the authorized amounts, CBO
estimates that carrying out this program would cost $71 million
over the 2007-2011 period, and an additional $19 million after
that period. Enacting H.R. 4650 would not affect direct
spending or revenues.
H.R. 4650 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA);
the bill would benefit state, local, or tribal governments and
any costs they incur would result from complying with
conditions of federal assistance.
Estimated cost to the Federal Government: For this
estimate, CBO assumes that H.R. 4650 will be enacted near the
start of fiscal year 2007 and that the authorized amounts will
be appropriated for each year. Estimated outlays are based on
historical spending patterns for similar programs. The
estimated budgetary impact of H.R. 4650 is shown in the
following table. The costs of this legislation fall within
budget function 300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2007 2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level....................................... 15 15 15 15 15 15
Estimated Outlays......................................... 6 18 17 15 15 15
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 4650
contains no intergovernmental or private-sector mandates as
defined in UMRA. Enacting this bill would benefit state, local,
and tribal governments that implement programs to improve levee
safety; any costs they incur from establishing and maintaining
an approved program would be incurred voluntarily.
Estimate prepared by: Federal Costs: Julie Middleton.
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum. Impact on the Private Sector: Fatimot Ladipo.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 4650 does not
preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO THE LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 4650 makes no changes to existing law.