33 U.S.C. § 3303
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.
The database shall include-
The Secretary shall make all of the information in the database available to appropriate Federal, State, regional, tribal, and local governmental agencies.
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.
The Secretary, at Federal expense, shall establish an inventory and conduct an inspection of all federally owned and operated 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.
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.
The Secretary shall carry out a one-time inventory and review of all levees identified in the national levee database.
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.
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.
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-
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.
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-
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.
33 U.S.C. § 3303
EDITORIAL NOTES
AMENDMENTS2020-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.
- 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.
- inspection
- The term "inspection" means an actual inspection of a levee-(A) to establish the global information system location of the levee;(B) to determine the general condition of the levee; and(C) to estimate the number of structures and population at risk and protected by the levee that would be adversely impacted if the levee fails or water levels exceed the height of the levee.
- national levee database
- The term "national levee database" means the levee database established under section 3303 of this title.
- regional district
- The term "regional district" means a subdivision of a State government, or a subdivision of multiple State governments, that is authorized to acquire, construct, operate, and maintain projects for the purpose of flood damage reduction.
- risk
- The term "risk" means a measure of the probability and severity of undesirable consequences.