33 U.S.C. § 3301 — Definitions

Page 958 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3208 (Pub. L. 109–424, § 8, Dec. 20, 2006, 120 Stat. 2908; Pub. L. 109–479, title VIII, § 809, formerly § 808, Jan. 12, 2007, 120 Stat. 3660; renumbered § 809 and amended Pub. L. 115–25, title V, §§ 508(a)(1), 510, 512(a), Apr. 18, 2017, 131 Stat. 124, 127, 128.) Editorial Notes CODIFICATION Pub. L. 109–424 and title VIII of Pub. L. 109–479 en- acted substantially identical sections. Pub. L. 109–424 was repealed by section 512(a) of Pub. L. 115–25. AMENDMENTS 2017—Par. (6). Pub. L. 115–25, § 510, which directed the addition of par. (6) to this section ‘‘as redesignated by section l08(a)(1)’’ of Pub. L. 115–25, was executed by adding par. (6) to this section as redesignated by sec- tion 508(a)(1) of Pub. L. 115–25, to reflect the probable intent of Congress. § 3208. Outreach responsibilities The Administrator of the National Oceanic and Atmospheric Administration, in coordina- tion with State and local emergency managers, shall develop and carry out formal outreach ac- tivities to improve tsunami education and awareness and foster the development of resil- ient communities. Outreach activities may in- clude— (1) the development of outreach plans to en- sure the close integration of tsunami warning centers supported or maintained under section 3203(d) of this title, as amended by this Act, with local Weather Forecast Offices of the Na- tional Weather Service and emergency man- agers; (2) working with appropriate local Weather Forecast Offices to ensure they have the tech- nical knowledge and capability to disseminate tsunami warnings to the communities they serve; and (3) evaluating the effectiveness of warnings and of coordination with local Weather Fore- cast Offices after significant tsunami events. (Pub. L. 115–25, title V, § 511, Apr. 18, 2017, 131 Stat. 127.) Editorial Notes REFERENCES IN TEXT Section 3203(d) of this title, as amended by this Act, referred to in par. (1), means section 3203(d) of this title, as amended by Pub. L. 115–25. CODIFICATION Section was enacted as part of the Tsunami Warning, Education, and Research Act of 2017, and also as part of the Weather Research and Forecasting Innovation Act of 2017, and not as part of the Tsunami Warning and Education Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘State’’ as used in this section, see section 8501 of Title 15, Commerce and Trade. CHAPTER 46—NATIONAL LEVEE SAFETY PROGRAM Sec. 3301. Definitions. Sec. 3302. Committee on Levee Safety. 3303. Inventory and inspection of levees. 3303a. Levee safety initiative. 3303b. Reports. 3304. Limitations on statutory construction. 3305. Authorization of appropriations. 3306. Certain levee improvements. 3307. Assessment of Corps of Engineers levees. § 3301. Definitions In this chapter, the following definitions apply: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Federal Emergency Man- agement Agency. (2) Canal structure (A) In general The term ‘‘canal structure’’ means an em- bankment, 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 re- duction 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 in- clude a barrier across a watercourse. (3) Committee The term ‘‘committee’’ means the Com- mittee on Levee Safety established by section 3302(a) of this title. (4) Floodplain management The term ‘‘floodplain management’’ means the operation of a community program of cor- rective and preventative measures for reduc- ing flood damage. (5) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of title 25. (6) Inspection The term ‘‘inspection’’ means an actual in- spection 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 ‘‘levee’’ means a manmade bar- rier (such as an embankment, floodwall, or other structure)— (i) the primary purpose of which is to provide hurricane, storm, or flood protec- tion relating to seasonal high water, storm Page 959 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3301 surges, precipitation, or other weather events; and (ii) that is normally subject to water loading for only a few days or weeks dur- ing a calendar year. (B) Inclusions The term ‘‘levee’’ includes a levee system, including— (i) levees and canal structures that— (I) constrain water flows; (II) are subject to more frequent water loading; and (III) do not constitute a barrier across a watercourse; and (ii) roadway and railroad embankments, but only to the extent that the embank- ments are integral to the performance of a flood damage reduction system. (C) Exclusions The term ‘‘levee’’ does not include— (i) a roadway or railroad embankment that is not integral to the performance of a flood damage reduction system; (ii) a canal constructed completely with- in natural ground without any manmade structure (such as an embankment or re- taining wall to retain water or a case in which water is retained only by natural ground); (iii) a canal regulated by a Federal or State agency in a manner that ensures that applicable Federal safety criteria are met; (iv) a levee or canal structure— (I) that is not a part of a Federal flood damage reduction system; (II) that is not recognized under the National Flood Insurance Program as providing protection from the 1-percent- annual-chance or greater flood; (III) that is not greater than 3 feet high; (IV) the population in the leveed area of which is less than 50 individuals; and (V) the leveed area of which is less than 1,000 acres; or (v) any shoreline protection or river bank protection system (such as revet- ments or barrier islands). (8) Levee feature The term ‘‘levee feature’’ means a structure that is critical to the functioning of a levee, including— (A) an embankment section; (B) a floodwall section; (C) a closure structure; (D) a pumping station; (E) an interior drainage work; and (F) a flood damage reduction channel. (9) Levee system The term ‘‘levee system’’ means 1 or more levee segments, including all levee features that are interconnected and necessary to en- sure protection of the associated leveed areas— (A) that collectively provide flood damage reduction to a defined area; and (B) the failure of 1 of which may result in the failure of the entire system. (10) National levee database The term ‘‘national levee database’’ means the levee database established under section 3303 of this title. (11) Participating program The term ‘‘participating program’’ means a levee safety program developed by a State, re- gional district, or Indian tribe that includes the minimum components necessary for rec- ognition by the Secretary. (12) Regional district The term ‘‘regional district’’ means a sub- division of a State government, or a subdivi- sion of multiple State governments, that is authorized to acquire, construct, operate, and maintain projects for the purpose of flood damage reduction. (13) Rehabilitation (A) In general The term ‘‘rehabilitation’’ means the re- pair, replacement, reconstruction, removal of a levee, or reconfiguration of a levee sys- tem, including a setback levee, that is car- ried out to reduce flood risk, increase resil- iency to extreme weather events, or meet national levee safety guidelines. (B) Inclusions The term ‘‘rehabilitation’’ includes im- provements to a levee in conjunction with any repair, replacement, reconstruction, or reconfiguration. (14) Risk The term ‘‘risk’’ means a measure of the probability and severity of undesirable con- sequences. (15) 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. (16) State levee safety agency The term ‘‘State levee safety agency’’ means the agency of a State that has regulatory au- thority over the safety of any non-Federal levee in the State. (17) United States The term ‘‘United States’’, when used in a geographical sense, means all of the States. (Pub. L. 110–114, title IX, § 9002, Nov. 8, 2007, 121 Stat. 1288; Pub. L. 113–121, title III, § 3016(b), June 10, 2014, 128 Stat. 1289; Pub. L. 114–322, title I, § 1130(a), Dec. 16, 2016, 130 Stat. 1650; Pub. L. 117–263, div. H, title LXXXI, § 8387(a), Dec. 23, 2022, 136 Stat. 3830.) Editorial Notes AMENDMENTS 2022—Par. (13). Pub. L. 117–263 designated existing provisions as subpar. (A) and inserted heading, inserted 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—