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33 U.S.C. § 3303 — Inventory and inspection of levees
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-33/section-3303-inventory-and-inspection-of-levees--54ba7198d8.md
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Source location: Title 33, Chapter 46, § 3303; chapter-046-national-levee-safety-program.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701n&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter, the following definitions apply:
(1) **Administrator** — The term “Administrator” means the Administrator of the Federal Emergency Management Agency.
(2) **Canal structure**
(A) *In general* — The term “canal structure” means an embankment, wall, or structure along a canal or manmade watercourse that—
(i) constrains water flows;
(ii) is subject to frequent water loading; and
(iii) is an integral part of a flood risk reduction system that protects the leveed area from flood waters associated with hurricanes, precipitation events, seasonal high water, and other weather-related events.
(B) *Exclusion* — The term “canal structure” does not include a barrier across a watercourse.
(3) **Committee** — The term “committee” means the Committee on Levee Safety established by [section 3302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3302/a&num=0&edition=prelim).
(4) **Floodplain management** — The term “floodplain management” means the operation of a community program of corrective and preventative measures for reducing flood damage.
(5) **Indian tribe** — The term “Indian tribe” has the meaning given the term in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim).
(6) **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.
(7) **Levee**
(A) *In general* — The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3301
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Federal law — U.S. Code and appendices · legal_authorities
There is authorized to be appropriated to the Secretary—
(1) to carry out sections 3302, 3303a(c), 3303a(d), 3303a(e), and 3303a(f) of this title, $4,000,000 for each of fiscal years 2019 through 2023;
(2) to carry out [section 3303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3303&num=0&edition=prelim), $20,000,000 for each of fiscal years 2019 through 2023; and
(3) to carry out [section 3303a(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3303a/h&num=0&edition=prelim), $30,000,000 for each of fiscal years 2019 through 2023.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3305
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Federal law — U.S. Code and appendices · legal_authorities
**(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-section330
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3307
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 961
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 3303
(A) shall serve without compensation in
addition to compensation received for the
services of the member as an officer or em-
ployee of the United States; but
(B) shall be allowed a per diem allowance
for travel expenses, at rates authorized for
an employee of an agency under subchapter
I of chapter 57 of title 5, while away from the
home or regular place of business of the
member in the performance of the duties of
the committee.
(2) Non-Federal employees
To the extent amounts are made available to
carry out this section in appropriations Acts,
the Secretary shall provide to each member of
the committee who is not an officer or em-
ployee of the United States a stipend and a per
diem allowance for travel expenses, at rates
authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, while
away from the home or regular place of busi-
ness of the member in performance of services
for the committee.
(3) Standing committee members
Each member of a standing committee shall
serve in a voluntary capacity.
(h) Applicability of chapter 10 of title 5
Chapter 10 of title 5 shall not apply to the
committee.
(Pub. L. 110–114, title IX, § 9003, Nov. 8, 2007, 121
Stat. 1288; Pub. L. 110–274, § 1, July 15, 2008, 122
Stat. 2493; Pub. L. 113–121, title III, § 3016(c),
June 10, 2014, 128 Stat. 1291; Pub. L. 117–286,
§ 4(a)(207), Dec. 27, 2022, 136 Stat. 4328.)
Editorial Notes
AMENDMENTS
2022—Subsec. (h). Pub. L. 117–286 substituted ‘‘chapter
10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in
heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal
Advisory Committee Act (5 U.S.C. App.)’’ in text.
2014—Subsec. (b). Pub. L. 113–121, § 3016(c)(1), added
par. (1), redesi
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 3303
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.