33 U.S.C. § 3307 — Assessment of Corps of Engineers levees

Page 969 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3307 Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 102 of Pub. L. 115–270, set out as a note under sec- tion 2201 of this title. § 3307. Assessment of Corps of Engineers levees (a) In general The Secretary shall periodically conduct as- sessments of federally authorized levees under the jurisdiction of the Corps of Engineers, to evaluate the potential Federal interest in the modification (including realignment or incorpo- ration of natural features and nature-based fea- tures, as such terms are defined in section 2289a(a) of this title) of levee systems to meet one or more of the following objectives: (1) Increasing the flood risk reduction bene- fits of such systems. (2) Achieving greater flood resiliency. (3) Restoring hydrological and ecological connections with adjacent floodplains that achieve greater environmental benefits with- out 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 sub- section (a), the Secretary shall consider and identify, with respect to each levee system— (A) an estimate of the number of struc- tures 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 seg- ment within the levee system (which may be the applicable estimate included in the levee database established under section 3303 of this title, if available); (B) the number of times the non-Federal interest has received emergency flood-fight- ing or repair assistance under section 701n of this title for the levee system, and the total expenditures on postflood repairs over the life of the levee system; (C) the functionality of the levee system with regard to higher precipitation levels, including due to changing climatic condi- tions and extreme weather events; (D) the potential costs and benefits (in- cluding environmental benefits and implica- tions for levee-protected communities) from modifying the applicable levee system to re- store connections with adjacent floodplains; and (E) available studies, information, lit- erature, or data from relevant Federal, State, or local entities. (2) Prioritization In conducting an assessment under sub- section (a), the Secretary shall, to the max- imum extent practicable, prioritize levee sys- tems— (A) associated with an area that has been subject to flooding in two or more events in any 10-year period; and (B) for which the non-Federal interest has received emergency flood-fighting or repair assistance under section 701n of this title with respect to such flood events. (3) Scope The Secretary shall ensure that an assess- ment under subsection (a) shall be similar in cost and scope to an initial assessment pre- pared by the Secretary pursuant to section 549a of this title. (d) Flood plain management services In conducting an assessment under subsection (a), the Secretary shall consider information on floods and flood damages compiled under section 709a of this title. (e) Report to Congress (1) In general Not later than 18 months after December 23, 2022, and periodically thereafter, the Secretary shall submit to the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives and the Committee on Environ- ment and Public Works of the Senate a report on the results of the assessments conducted under subsection (a). (2) Inclusion The Secretary shall include in each report submitted under paragraph (1)— (A) identification of any levee system for which the Secretary has conducted an as- sessment under subsection (a); (B) a description of any opportunities iden- tified under such subsection for the modi- fication of a levee system, including the po- tential benefits of such modification for the purposes identified under such subsection; (C) information relating to the willingness and ability of each applicable non-Federal interest to participate in a modification to the relevant levee system, including by ob- taining any real estate necessary for the modification; and (D) a summary of the information consid- ered and identified under subsection (c)(1). (f) Incorporation of information The Secretary shall include in the levee data- base established under section 3303 of this title the information included in each report sub- mitted under subsection (e), and make such in- formation publicly available (including on a publicly available website). (g) Levee system defined In this section, the term ‘‘levee system’’ has the meaning given that term in section 3301(9) of this title. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended. (Pub. L. 117–263, div. H, title LXXXI, § 8121, Dec. 23, 2022, 136 Stat. 3712.) Page 970 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3401 1 See References in Text note below. Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fis- cal Year 2023, and not as part of the National Levee Safety Act of 2007 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 8002 of Pub. L. 117–263, set out as a note under sec- tion 2201 of this title. CHAPTER 47—OCEAN EXPLORATION SUBCHAPTER I—EXPLORATION Sec. 3401. Purpose. 3402. Program established. 3403. Powers and duties of the Administrator. 3404. Education, workforce training, and outreach. 3405. Ocean Exploration Advisory Board. 3406. Authorization of appropriations. 3407. Definitions. 3408. National Ocean Mapping, Exploration, and Characterization Council. SUBCHAPTER II—NOAA UNDERSEA RESEARCH PROGRAM 3421 to 3426. Repealed. SUBCHAPTER I—EXPLORATION § 3401. Purpose The purpose of this subchapter is to establish the national ocean exploration program within the National Oceanic and Atmospheric Adminis- tration. (Pub. L. 111–11, title XII, § 12001, Mar. 30, 2009, 123 Stat. 1417; Pub. L. 117–263, div. J, title CIII, § 10305(a), Dec. 23, 2022, 136 Stat. 3971.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 struck out ‘‘and the national un- dersea research program’’ after ‘‘national ocean explo- ration program’’. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 111–11, title XII, § 12101, Mar. 30, 2009, 123 Stat. 1419, which provided that part II of subtitle A of title XII of Pub. L. 111–11, which enacted subchapter II of this chapter, could be cited as the ‘‘NOAA Undersea Re- search Program Act of 2009’’, was repealed by Pub. L. 117–263, div. J, title CIII, § 10306(a), Dec. 23, 2022, 136 Stat. 3974. § 3402. Program established The Administrator of the National Oceanic and Atmospheric Administration shall, in con- sultation with the National Science Foundation and other appropriate Federal agencies, estab- lish a coordinated national ocean exploration program within the National Oceanic and At- mospheric Administration that promotes col- laboration with other Federal ocean research and exploration programs. To the extent appro- priate, the Administrator shall seek to facilitate coordination of data and information manage- ment systems, outreach and education programs to improve public understanding of ocean and coastal resources, and development and transfer of technologies to facilitate ocean research and ocean exploration and characterization efforts. (Pub. L. 111–11, title XII, § 12002, Mar. 30, 2009, 123 Stat. 1417; Pub. L. 117–263, div. J, title CIII, § 10305(b), Dec. 23, 2022, 136 Stat. 3971.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 struck out ‘‘and undersea’’ after ‘‘Federal ocean’’ in first sentence and substituted ‘‘re- search and ocean exploration and characterization ef- forts’’ for ‘‘and undersea research and exploration’’ in second sentence. § 3403. Powers and duties of the Administrator (a) In general In carrying out the program authorized by sec- tion 3402 of this title, the Administrator of the National Oceanic and Atmospheric Administra- tion, in consultation with the Ocean Policy Committee established under section 8932 of title 10, shall— (1) conduct interdisciplinary expeditions or other scientific activities in conjunction with other Federal and State agencies, Tribal Gov- ernments, private industry, academia (includ- ing secondary schools, community colleges, and universities), and nongovernmental orga- nizations, to map, explore, and characterize little known areas of the marine environment, inventory, observe, characterize, and assess living and nonliving marine resources, and re- port such findings; (2) give priority attention to deep ocean re- gions of the exclusive economic zone, with a focus on deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts; (3) conduct scientific expeditions to locate, define, and document historic shipwrecks, sub- merged sites, and other ocean exploration ac- tivities that combine archaeology and oceano- graphic sciences; (4) develop and implement a transparent, competitive process for merit-based peer-re- view and approval of proposals for activities to be conducted under this program, taking into consideration advice of the Board established under section 3405 of this title; (5) support technological innovation of the United States marine science community by promoting the development and use of new and emerging technologies for research, com- munication, navigation, and data collection, such as sensors and autonomous vehicles; (6) establish an ocean exploration forum, in consultation with the National Ocean Map- ping, Exploration, and Characterization Coun- cil established under section 5405 1 of the James M. Inhofe National Defense Authoriza- tion Act for Fiscal Year 2023, to encourage partnerships and promote communication