33 U.S.C. § 3303b — Reports

Page 967 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3303b government’’ for ‘‘State, Indian tribe, or local govern- ment’’ in introductory provisions. Subsec. (h)(2)(E). Pub. L. 114–322, § 1130(c)(4)(B)(ii), substituted ‘‘State, regional, or tribal’’ for ‘‘State or tribal’’ in introductory provisions. Subsec. (h)(3)(A). Pub. L. 114–322, § 1130(c)(4)(C)(i), sub- stituted ‘‘State, regional district, Indian tribe, or local government’’ for ‘‘State, Indian tribe, or local govern- ment’’. Subsec. (h)(3)(D). Pub. L. 114–322, § 1130(c)(4)(C)(ii), substituted ‘‘180 days after December 16, 2016’’ for ‘‘180 days after June 10, 2014’’. Subsec. (h)(4)(A)(i). Pub. L. 114–322, § 1130(c)(4)(D), sub- stituted ‘‘State, regional, or tribal’’ for ‘‘State or trib- al’’. Statutory Notes and Related Subsidiaries REHABILITATION OF EXISTING LEVEES Pub. L. 113–121, title III, § 3017, June 10, 2014, 128 Stat. 1300, as amended by Pub. L. 117–263, div. H, title LXXXI, § 8382(a), Dec. 23, 2022, 136 Stat. 3828; Pub. L. 118–272, div. A, title III, § 1303(i), Jan. 4, 2025, 138 Stat. 3115, provided that: ‘‘(a) IN GENERAL.—The Secretary [of the Army] shall carry out measures that address consolidation, settle- ment, subsidence, sea level rise, and new datum to re- store federally authorized hurricane and storm damage reduction projects that were constructed as of the date of enactment of this Act [June 10, 2014] to the author- ized levels of protection of the projects if the Secretary determines the necessary work is technically feasible, environmentally acceptable, and economically justi- fied. ‘‘(b) LIMITATION.—This section shall only apply to those projects for which the executed project partner- ship agreement provides that the non-Federal interest is not required to perform future measures to restore the project to the authorized level of protection of the project to account for subsidence and sea-level rise as part of the operation, maintenance, repair, replace- ment, and rehabilitation responsibilities. ‘‘(c) COST SHARE.— ‘‘(1) IN GENERAL.—The non-Federal share of the cost of construction of a project carried out under this section shall be determined as provided in sub- sections (a) through (d) of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213). ‘‘(2) CERTAIN ACTIVITIES.—The non-Federal share of the cost of operations, maintenance, repair, replace- ment, and rehabilitation for a project carried out under this section shall be 100 percent. ‘‘(d) REPORT TO CONGRESS.—Not later than 5 years after the date of enactment of this Act, the Secretary shall include in the annual report developed under sec- tion 7001 [33 U.S.C. 2282d]— ‘‘(1) any recommendations relating to the contin- ued need for the authority provided under this sec- tion; ‘‘(2) a description of the measures carried out under this section; ‘‘(3) any lessons learned relating to the measures implemented under this section; and ‘‘(4) best practices for carrying out measures to re- store hurricane and storm damage reduction projects. ‘‘(e) TERMINATION OF AUTHORITY.—The authority of the Secretary under this section terminates on Decem- ber 31, 2033.’’ ‘‘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. § 3303b. Reports (a) State of levees (1) In general Not later than 1 year after December 16, 2016, and biennially thereafter, the Secretary in coordination with the committee, shall sub- mit to Congress and make publicly available a report describing the state of levees in the United States and the effectiveness of the levee safety initiative, including— (A) progress achieved in implementing the levee safety initiative; (B) State, regional, and tribal participa- tion in the levee safety initiative; (C) recommendations to improve coordina- tion of levee safety, floodplain management, and environmental protection concerns, in- cluding— (i) identifying and evaluating opportuni- ties to coordinate public safety, floodplain management, and environmental protec- tion activities relating to levees; and (ii) evaluating opportunities to coordi- nate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and (D) any recommendations for legislation and other congressional actions necessary to ensure national levee safety. (2) Inclusion Each report under paragraph (1) shall in- clude a report of the committee that describes the independent recommendations of the com- mittee for the implementation of the levee safety initiative. (b) National dam and levee safety program Not later than 3 years after June 10, 2014, to the maximum extent practicable, the Secretary and the Administrator, in coordination with the committee, shall submit to Congress and make publicly available a report that includes rec- ommendations regarding the advisability and feasibility of, and potential approaches for, es- tablishing a joint national dam and levee safety program. (c) Alignment of Federal programs relating to levees Not later than 2 years after December 16, 2016, the Comptroller General of the United States shall submit to Congress a report on opportuni- ties for alignment of Federal programs to pro- vide incentives to State, regional, tribal, and local governments and individuals and entities— (1) to promote shared responsibility for levee safety; (2) to encourage the development of strong State, regional, and tribal levee safety pro- grams; (3) to better align the levee safety initiative with other Federal flood risk management programs; and (4) to promote increased levee safety through other Federal programs providing as- sistance to State, regional, tribal, and local governments. (d) Liability for certain levee engineering projects Not later than 1 year after December 16, 2016, the Secretary shall submit to Congress and make publicly available a report that includes recommendations that identify and address any legal liability associated with levee engineering projects that prevent— Page 968 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3304 (1) levee owners from obtaining needed levee engineering services; or (2) development and implementation of a State, regional, or tribal levee safety program. (Pub. L. 110–114, title IX, § 9006, as added Pub. L. 113–121, title III, § 3016(e)(2), June 10, 2014, 128 Stat. 1299; amended Pub. L. 114–322, title I, § 1130(d), Dec. 16, 2016, 130 Stat. 1652.) Editorial Notes PRIOR PROVISIONS A prior section 9006 of Pub. L. 110–114 was renumbered section 9008, and is classified to section 3305 of this title. AMENDMENTS 2016—Subsec. (a)(1). Pub. L. 114–322, § 1130(d)(1)(A), substituted ‘‘1 year after December 16, 2016’’ for ‘‘1 year after June 10, 2014’’ in introductory provisions. Subsec. (a)(1)(B). Pub. L. 114–322, § 1130(d)(1)(B), sub- stituted ‘‘State, regional, and tribal’’ for ‘‘State and tribal’’. Subsec. (c). Pub. L. 114–322, § 1130(d)(2)(A), in introduc- tory provisions, substituted ‘‘2 years after December 16, 2016’’ for ‘‘2 years after June 10, 2014’’ and ‘‘State, re- gional, tribal, and local’’ for ‘‘State, tribal, and local’’. Subsec. (c)(2). Pub. L. 114–322, § 1130(d)(2)(B), sub- stituted ‘‘State, regional, and tribal’’ for ‘‘State and tribal’’. Subsec. (c)(4). Pub. L. 114–322, § 1130(d)(2)(C), sub- stituted ‘‘State, regional, tribal, and local’’ for ‘‘State and local’’. Subsec. (d). Pub. L. 114–322, § 1130(d)(3)(A), substituted ‘‘1 year after December 16, 2016’’ for ‘‘1 year after June 10, 2014’’ in introductory provisions. Subsec. (d)(2). Pub. L. 114–322, § 1130(d)(3)(B), sub- stituted ‘‘State, regional, or tribal’’ for ‘‘State or trib- al’’. 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. § 3304. Limitations on statutory construction Nothing in this chapter shall be construed as— (1) creating any liability of the United States or its officers or employees for the re- covery of damages caused by an action or fail- ure to act; or (2) relieving an owner or operator of a levee of a legal duty, obligation, or liability inci- dent to the ownership or operation of a levee. (Pub. L. 110–114, title IX, § 9007, formerly § 9005, Nov. 8, 2007, 121 Stat. 1290; renumbered § 9007, Pub. L. 113–121, title III, § 3016(e)(1), June 10, 2014, 128 Stat. 1293.) § 3305. Authorization of appropriations 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, $20,000,000 for each of fiscal years 2019 through 2023; and (3) to carry out section 3303a(h) of this title, $30,000,000 for each of fiscal years 2019 through 2023. (Pub. L. 110–114, title IX, § 9008, formerly § 9006, Nov. 8, 2007, 121 Stat. 1291; renumbered § 9008 and amended Pub. L. 113–121, title III, § 3016(e)(1), (f), June 10, 2014, 128 Stat. 1293, 1300; Pub. L. 115–270, title I, § 1144(2), Oct. 23, 2018, 132 Stat. 3785.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–270 substituted ‘‘2019 through 2023’’ for ‘‘2015 through 2019’’ in pars. (1) to (3). 2014—Pub. L. 113–121, § 3016(f)(2), substituted ‘‘Sec- retary—’’ for ‘‘Secretary to carry out this chapter $20,000,000 for each of fiscal years 2008 through 2013.’’ and added pars. (1) to (3). Pub. L. 113–121, § 3016(f)(1), which directed the substi- tution of ‘‘is’’ for ‘‘are’’, could not be executed because ‘‘are’’ does not appear in text. 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. § 3306. Certain levee improvements (a) In general Notwithstanding section 211 of the Water Re- sources Development Act of 2000 (31 U.S.C. 6505 note), the Secretary, at the request of a local government, is authorized to provide technical services, on a reimbursable basis, to the local government to assess the reasons a federally constructed levee owned or operated by the local government is not accredited by the Federal Emergency Management Agency. (b) Federal levees In carrying out this section, in a case in which a levee owned and operated by the Secretary is hydraulically tied to a levee described in sub- section (a), the Secretary is encouraged to co- operate, to the maximum extent practicable, with the relevant local governmental entities in assessing the reasons the levee described in sub- section (a) is not accredited. (c) Limitation Nothing in this section— (1) affects the responsibilities of a local gov- ernment to operate and maintain its flood control infrastructure; or (2) obligates the Secretary to expend addi- tional Federal resources on levees owned and operated by the Secretary. (Pub. L. 115–270, title I, § 1123, Oct. 23, 2018, 132 Stat. 3779.) Editorial Notes REFERENCES IN TEXT Section 211 of the Water Resources Development Act of 2000, referred to in subsec. (a), is section 211 of Pub. L. 106–541, which is set out as a note under section 6505 of Title 31, Money and Finance. CODIFICATION Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Amer- ica’s Water Infrastructure Act of 2018, and not as part of the National Levee Safety Act of 2007 which com- prises this chapter.