LEVEE Act

II 116TH CONGRESS 1ST SESSION S. 3082 To establish a program to establish permanent features for flood control in areas in which temporary features have been constructed, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 18, 2019 Mrs. GILLIBRAND (for herself, Ms. ERNST, and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a program to establish permanent features for flood control in areas in which temporary features have been constructed, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Local Expertise is 4 Vital for Effective Embankments Act’’ or the ‘‘LEVEE 5 Act’’. 6 SEC. 2. ESTABLISHING PERMANENT FEATURES FROM 7 EMERGENCY RESPONSE MEASURES. 8 (a) DEFINITIONS.—In this section: 9 VerDate Sep 11 2014 04:14 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3082.IS S3082 kjohnson on DSK79L0C42 with BILLS 2 •S 3082 IS (1) IMPACTED COMMUNITY.—The term ‘‘im- 1 pacted community’’ means an entity that has re- 2 ceived emergency flood fighting assistance under sec- 3 tion 5 of the Act of August 18, 1941 (commonly 4 known as the ‘‘Flood Control Act of 1941’’) (55 5 Stat. 650, chapter 377; 33 U.S.C. 701n), that in- 6 volved the construction of a temporary structure. 7 (2) PERMANENT FEATURE.—The term ‘‘perma- 8 nent feature’’ means a structural or nonstructural 9 measure typical in a flood control project. 10 (3) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of the Army. 12 (4) SMALL OR DISADVANTAGED COMMUNITY.— 13 The term ‘‘small or disadvantaged community’’ 14 means a community— 15 (A) with a population of less than 10,000; 16 or 17 (B) that is— 18 (i) financially disadvantaged; and 19 (ii) at risk from repeat flooding 20 events. 21 (b) EVALUATION OF TEMPORARY STRUCTURES.— 22 Notwithstanding any other provision of law, on request of 23 an impacted community, the Secretary shall evaluate 24 whether the temporary structure warrants consideration 25 VerDate Sep 11 2014 04:14 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3082.IS S3082 kjohnson on DSK79L0C42 with BILLS 3 •S 3082 IS for a permanent feature, in accordance with subsection 1 (c). 2 (c) CONSIDERATIONS.—In evaluating a temporary 3 structure under subsection (b), the Secretary shall con- 4 sider— 5 (1) the likelihood that a similar structure will 6 need to be constructed in the area in the future if 7 the temporary structure, or a similar structure, is 8 not made permanent; 9 (2) the extent to which similar structures have 10 been constructed in the area previously and re- 11 moved; 12 (3) the economic, safety, and environmental 13 benefits and impacts of establishing a permanent 14 feature in the watershed of the impacted community; 15 (4) the extent of the modifications necessary to 16 make the temporary structure a permanent feature; 17 and 18 (5) the costs of the modifications described in 19 paragraph (4). 20 (d) CONVERSION OF TEMPORARY STRUCTURES.— 21 (1) IN GENERAL.—After the Secretary com- 22 pletes an evaluation under subsection (b), if the Sec- 23 retary determines that the temporary structure 24 should become a permanent feature, or that a per- 25 VerDate Sep 11 2014 04:14 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3082.IS S3082 kjohnson on DSK79L0C42 with BILLS 4 •S 3082 IS manent feature would prevent damage similar to 1 damage prevented by the temporary structure, and 2 subject to paragraph (2), the Secretary shall begin 3 the planning and design of the permanent feature in 4 accordance with all applicable design and construc- 5 tion standards and legal requirements of the Sec- 6 retary, including all applicable environmental laws. 7 (2) PROJECT COST.— 8 (A) IN GENERAL.—The Secretary may 9 carry out the planning, design, and construction 10 of a project described in paragraph (1) if the 11 total construction cost of the project is not ex- 12 pected to exceed $25,000,000. 13 (B) LARGE PROJECTS.—If the total con- 14 struction cost of a project described in para- 15 graph (1) is expected to be greater than 16 $25,000,000, the Secretary— 17 (i) shall submit to Congress a request 18 to carry out the project in a manner simi- 19 lar to a Chief’s Report; and 20 (ii) may not carry out the project 21 until Congress authorizes the construction 22 of the project. 23 (C) DEMOLITION.—Demolition of a tem- 24 porary structure under this section shall be sub- 25 VerDate Sep 11 2014 04:14 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3082.IS S3082 kjohnson on DSK79L0C42 with BILLS 5 •S 3082 IS ject to the cost-share requirement under para- 1 graph (3), but the costs of that demolition shall 2 not be included in the total construction cost of 3 the project under subparagraphs (A) and (B). 4 (3) COST-SHARE.— 5 (A) IN GENERAL.—The non-Federal share 6 of the cost of carrying out a project under this 7 section shall be not more than 35 percent. 8 (B) SMALL OR DISADVANTAGED COMMU- 9 NITIES.—In the case of a project carried out 10 under this section in an impacted community 11 that is a small or disadvantaged community, 12 the Federal share of the cost of a project may 13 be up to 100 percent, based on the ability of 14 the community to pay. 15 Æ VerDate Sep 11 2014 04:14 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S3082.IS S3082 kjohnson on DSK79L0C42 with BILLS