33 U.S.C. § 3305 — Authorization of appropriations

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.