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33 U.S.C. § 3307 — Assessment of Corps of Engineers levees

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3307 — Assessment of Corps of Engineers levees

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Source file: Laws/federal/codes/united-states-code/title-33/section-3307-assessment-of-corps-of-engineers-levees--d2efdac5ff.md
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Source location: Title 33, Chapter 46, § 3307; chapter-046-national-levee-safety-program.md

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**(a) In general** The Secretary shall periodically conduct assessments of federally authorized levees under the jurisdiction of the Corps of Engineers, to evaluate the potential Federal interest in the modification (including realignment or incorporation of natural features and nature-based features, as such terms are defined in [section 2289a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2289a/a&num=0&edition=prelim)) of levee systems to meet one or more of the following objectives: (1) Increasing the flood risk reduction benefits of such systems. (2) Achieving greater flood resiliency. (3) Restoring hydrological and ecological connections with adjacent floodplains that achieve greater environmental benefits without undermining flood risk reduction or flood resiliency for levee-protected communities. **(b) Levees operated by non-Federal interests** The Secretary shall carry out an assessment under subsection (a) for a federally authorized levee system operated by a non-Federal interest only if the non-Federal interest— (1) requests the assessment; and (2) agrees to provide 50 percent of the cost of the assessment. **(c) Assessments** (1) **Considerations** — In conducting an assessment under subsection (a), the Secretary shall consider and identify, with respect to each levee system— (A) an estimate of the number of structures and population at risk and protected by the levee system that would be adversely impacted if the levee system fails or water levels exceed the height of any levee segment within the levee system (which may be the applicable estimate included in the levee database established under [section 3303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3303&num=0&edition=prelim), if available); (B) the number of times the non-Federal interest has received emergency flood-fighting or repair assistance under [section 701n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701n&num=0&edition=prelim) for the levee system, and the total expenditures on postflood repairs over the life of the levee system; (C) the functionality of the levee system with regard to higher precipitation levels, including due to changing climatic conditions and extreme weather events; (D) the potential costs and benefits (including environmental benefits and implications for levee-protected communities) from modifying the applicable levee system to restore connections with adjacent floodplains; and (E) available studies, information, literature, or data from relevant Federal, State, or local entities. (2) **Prioritization** — In conducting an assessment under subsection (a), the Secretary shall, to the maximum extent practicable, prioritize levee systems— (A) associated with an area that has been subject to flooding in two or more events in any 10-year period; and (B) for which the non-Federal interest has received emergency flood-fighting or repair assistance under [section 701n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701n&num=0&edition=prelim) with respect to such flood events. (3) **Scope** — The Secretary shall ensure that an assessment under subsection (a) shall be similar in cost and scope to an initial assessment prepared by the Secretary pursuant to [section 549a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section549a&num=0&edition=prelim). **(d) Flood plain management services** In conducting an assessment under subsection (a), the Secretary shall consider information on floods and flood damages compiled under [section 709a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section709a&num=0&edition=prelim). **(e) Report to Congress** (1) **In general** — Not later than 18 months after December 23, 2022, and periodically 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 on the results of the assessments conducted under subsection (a). (2) **Inclusion** — The Secretary shall include in each report submitted under paragraph (1)— (A) identification of any levee system for which the Secretary has conducted an assessment under subsection (a); (B) a description of any opportunities identified under such subsection for the modification of a levee system, including the potential benefits of such modification for the purposes identified under such subsection; (C) information relating to the willingness and ability of each applicable non-Federal interest to participate in a modification to the relevant levee system, including by obtaining any real estate necessary for the modification; and (D) a summary of the information considered and identified under subsection (c)(1). **(f) Incorporation of information** The Secretary shall include in the levee database established under [section 3303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3303&num=0&edition=prelim) the information included in each report submitted under subsection (e), and make such information publicly available (including on a publicly available website). **(g) Levee system defined** In this section, the term “levee system” has the meaning given that term in [section 3301(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3301/9&num=0&edition=prelim). **(h) Authorization of appropriations** There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 709a — Information on floods and flood damage

**(a) Compilation and dissemination** (1) **In general** — In recognition of the increasing use and development of the flood plains of the rivers of the United States and of the need for information on flood hazards to serve as a guide to such development, and as a basis for avoiding future flood hazards by regulation of use by States and political subdivisions thereof, and to assure that Federal departments and agencies may take proper cognizance of flood hazards, the Secretary of the Army, through the Chief of Engineers, is hereby authorized to compile and disseminate information on floods and flood damages, including identification of areas subject to inundation by floods of various magnitudes and frequencies, identification of areas subject to floods due to accumulated snags and other debris, and general criteria for guidance of Federal and non-Federal interests and agencies in the use of flood plain areas; and to provide advice to other Federal agencies and local interests for their use in planning to ameliorate the flood hazard, to avoid repetitive flooding impacts, to anticipate, prepare, and adapt to changing climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to the flood hazards. (2) **Surveys and guides** — Surveys and guides will be made for States and political subdivisions thereof only upon the request of a State or a political subdivision thereof, and upon approval by the Chief of Engineers, and such information and advice provided them only upon such request and approval. (3) **Identification of assistance** (A) *In general* — To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate to States and non-Federal intere

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 709a

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 701n — Emergency response to natural disasters

**(a) Emergency fund** (1) There is authorized an emergency fund to be expended in preparation for emergency response to any natural disaster, in flood fighting and rescue operations, or in the repair or restoration of any flood control work threatened or destroyed by flood, including the strengthening, raising, extending, realigning, or other modification thereof as may be necessary in the discretion of the Chief of Engineers for the adequate functioning of the work for flood control and subject to the condition that the Chief of Engineers may include modifications to the structure or project, or in implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal sponsor; in the emergency protection of federally authorized hurricane or shore protection being threatened when in the discretion of the Chief of Engineers such protection is warranted to protect against imminent and substantial loss to life and property; in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the pre-storm level of protection, to the design level of protection, or, notwithstanding the authorized dimensions of the structure or project, to a level sufficient to meet the authorized purpose of such structure or project, whichever provides greater protection, when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, including to ensure the structure or project is functioning adequately to protect against projected changes in wave action or height or storm surge (incl

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701n

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 549a — Review of navigation, flood control, and water supply projects

The Secretary of the Army, acting through the Chief of Engineers, is authorized to review the operation of projects the construction of which has been completed and which were constructed by the Corps of Engineers in the interest of navigation, flood control, water supply, and related purposes, when found advisable due 11 So in original. Probably should be “due to”. the significantly changed physical or economic conditions, and to report thereon to Congress with recommendations on the advisability of modifying the structures or their operation, and for improving the quality of the environment in the overall public interest.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 549a

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3303 — Inventory and inspection of levees

**(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-Feder

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3303

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3307 — Assessment of Corps of Engineers levees

Page 969 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3307 Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 102 of Pub. L. 115–270, set out as a note under sec- tion 2201 of this title. § 3307. Assessment of Corps of Engineers levees (a) In general The Secretary shall periodically conduct as- sessments of federally authorized levees under the jurisdiction of the Corps of Engineers, to evaluate the potential Federal interest in the modification (including realignment or incorpo- ration of natural features and nature-based fea- tures, as such terms are defined in section 2289a(a) of this title) of levee systems to meet one or more of the following objectives: (1) Increasing the flood risk reduction bene- fits of such systems. (2) Achieving greater flood resiliency. (3) Restoring hydrological and ecological connections with adjacent floodplains that achieve greater environmental benefits with- out undermining flood risk reduction or flood resiliency for levee-protected communities. (b) Levees operated by non-Federal interests The Secretary shall carry out an assessment under subsection (a) for a federally authorized levee system operated by a non-Federal interest only if the non-Federal interest— (1) requests the assessment; and (2) agrees to provide 50 percent of the cost of the assessment. (c) Assessments (1) Considerations In conducting an assessment under sub- section (a), the Secretary shall consider and identify, with respect to each levee system— (A) an estimate of the number of struc- tures and population at risk and protected by the levee system that would be adversely impacted if the levee system fails or water levels exceed the height of any levee seg- ment within

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 3307

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