33 U.S.C. § 3302 — Committee on Levee Safety

Page 960 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3302 ‘‘, increase resiliency to extreme weather events,’’ after ‘‘flood risk’’, and added subpar. (B). 2016—Par. (11). Pub. L. 114–322, § 1130(a)(1), substituted ‘‘State, regional district, or Indian tribe’’ for ‘‘State or Indian tribe’’. Pars. (12) to (17). Pub. L. 114–322, § 1130(a)(2), (3), added par. (12) and redesignated former pars. (12) to (16) as (13) to (17), respectively. 2014—Pars. (1) to (6). Pub. L. 113–121, § 3016(b)(1)–(3), added pars. (1), (2), (4), and (5), and redesignated former pars. (1) and (2) as (3) and (6), respectively. Former pars. (3), (4), (5), and (6) redesignated (7), (14), (15), and (16), respectively. Par. (7). Pub. L. 113–121, § 3016(b)(4), added par. (7) and struck out former par. (7) which defined ‘‘levee’’. Pub. L. 113–121, § 3016(b)(1), redesignated par. (3) as (7). Pars. (8) to (16). Pub. L. 113–121, § 3016(b)(1), (4), added pars. (8) to (13) and redesignated pars. (4) to (6) as (14) to (16), respectively. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 110–114, title IX, § 9001(a), formerly § 9001, Nov. 8, 2007, 121 Stat. 1288, renumbered § 9001(a) and amended by Pub. L. 113–121, title III, § 3016(a)(1), (2), June 10, 2014, 128 Stat. 1289, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘National Levee Safety Act of 2007’.’’ PURPOSES OF THE SAFETY PROGRAM Pub. L. 110–114, title IX, § 9001(b), as added Pub. L. 113–121, title III, § 3016(a)(3), June 10, 2014, 128 Stat. 1289, provided that: ‘‘The purposes of this title [enacting this chapter] are— ‘‘(1) to ensure that human lives and property that are protected by new and existing levees are safe; ‘‘(2) to encourage the use of appropriate engineering policies, procedures, and technical practices for levee site investigation, design, construction, operation and maintenance, inspection, assessment, and emer- gency preparedness; ‘‘(3) to develop and support public education and awareness projects to increase public acceptance and support of levee safety programs and provide infor- mation; ‘‘(4) to build public awareness of the residual risks associated with living in levee protected areas; ‘‘(5) to develop technical assistance materials, sem- inars, and guidelines to improve the security of lev- ees of the United States; and ‘‘(6) to encourage the establishment of effective State and tribal levee safety programs.’’ § 3302. Committee on Levee Safety (a) Establishment There is established a committee to be known as the ‘‘Committee on Levee Safety’’. (b) Membership The committee shall be composed of 16 mem- bers as follows: (1) NONVOTING MEMBERS.—The following 2 nonvoting members: (A) The Secretary (or a designee of the Secretary). (B) The Administrator (or a designee of the Administrator). (2) The following 14 voting members ap- pointed by the Secretary: (A) Eight representatives of State levee safety agencies, one from each of the eight civil works divisions of the Corps of Engi- neers. (B) Two representatives of the private sec- tor who have expertise in levee safety. (C) Two representatives of local and re- gional governmental agencies who have ex- pertise in levee safety. (D) Two representatives of Indian tribes who have expertise in levee safety. (c) Administration (1) Terms of voting members (A) In general A voting member of the committee shall be appointed for a term of 3 years, except that, of the members first appointed— (i) 5 shall be appointed for a term of 1 year; (ii) 5 shall be appointed for a term of 2 years; and (iii) 4 shall be appointed for a term of 3 years. (B) Reappointment A voting member of the committee may be reappointed to the committee, as the Sec- retary determines to be appropriate. (C) Vacancies A vacancy on the committee shall be filled in the same manner as the original appoint- ment was made. (2) Chairperson (A) In general The voting members of the committee shall appoint a chairperson from among the voting members of the committee. (B) Term The chairperson shall serve a term of not more than 2 years. (d) Standing committees (1) In general The committee may establish standing com- mittees comprised of volunteers from all lev- els of government and the private sector, to advise the committee regarding specific levee safety issues, including participating pro- grams, technical issues, public education and awareness, and safety and the environment. (2) Membership The committee shall recommend to the Sec- retary for approval individuals for member- ship on the standing committees. (e) Duties and powers The committee— (1) shall submit to the Secretary and Con- gress an annual report regarding the effective- ness of the levee safety initiative in accord- ance with section 3303b of this title; and (2) may secure from other Federal agencies such services, and enter into such contracts, as the committee determines to be necessary to carry out this subsection. (f) Task force coordination The committee shall, to the maximum extent practicable, coordinate the activities of the committee with the Federal Interagency Flood- plain Management Task Force. (g) Compensation (1) Federal employees Each member of the committee who is an of- ficer or employee of the United States— 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), redesignated par. (3) as (2), inserted ‘‘voting’’ after ‘‘14’’ in introductory provisions of par. (2), and struck out former pars. (1) and (2) which read as fol- lows: ‘‘(1) The Secretary (or the Secretary’s designee), who shall serve as the chairperson of the Committee. ‘‘(2) The Administrator of the Federal Emergency Management Agency (or the Administrator’s des- ignee).’’ Subsecs. (c) to (h). Pub. L. 113–121, § 3016(c)(2), (3), added subsecs. (c) to (g), redesignated former subsec. (g) as (h), and struck out former subsecs. (c) to (f) which related to duties, purposes, compensation of members, and travel expenses, respectively. 2008—Subsec. (f). Pub. L. 110–274 substituted ‘‘Subject to the availability of appropriations,’’ for ‘‘To the ex- tent amounts are made available in advance in appro- priations Acts,’’. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 110–114, set out as a note under section 2201 of this title. § 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 main- tain a database with an inventory of the Na- tion’s levees. (2) Contents The database shall include— (A) location information of all Federal lev- ees in the Nation (including global informa- tion system information) and updated levee information provided by States, regional dis- tricts, Indian tribes, Federal agencies, and other entities; (B) utilizing such information as is avail- able, the general condition of each levee; and (C) an estimate of the number of struc- tures and population at risk and protected by each levee that would be adversely im- pacted if the levee fails or water levels ex- ceed 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 infor- mation in the database available to appro- priate 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 appro- priate, available to the public. (b) Inventory and inspection of levees (1) Federal levees The Secretary, at Federal expense, shall es- tablish an inventory and conduct an inspec- tion of all federally owned and operated lev- ees. (2) Federally constructed, nonfederally oper- ated and maintained levees The Secretary shall establish an inventory and conduct an inspection of all federally con- structed, non-federally operated and main- tained 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 inspec- tion 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 in- ventory and review of all levees identified in the national levee database. (2) No Federal interest The inventory and inspection under para- graph (1) does not create a Federal interest in