[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3082 Introduced in Senate (IS)]
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Expertise is Vital for
Effective Embankments Act'' or the ``LEVEE Act''.
SEC. 2. ESTABLISHING PERMANENT FEATURES FROM EMERGENCY RESPONSE
MEASURES.
(a) Definitions.--In this section:
(1) Impacted community.--The term ``impacted community''
means an entity that has received emergency flood fighting
assistance under section 5 of the Act of August 18, 1941
(commonly known as the ``Flood Control Act of 1941'') (55 Stat.
650, chapter 377; 33 U.S.C. 701n), that involved the
construction of a temporary structure.
(2) Permanent feature.--The term ``permanent feature''
means a structural or nonstructural measure typical in a flood
control project.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(4) Small or disadvantaged community.--The term ``small or
disadvantaged community'' means a community--
(A) with a population of less than 10,000; or
(B) that is--
(i) financially disadvantaged; and
(ii) at risk from repeat flooding events.
(b) Evaluation of Temporary Structures.--Notwithstanding any other
provision of law, on request of an impacted community, the Secretary
shall evaluate whether the temporary structure warrants consideration
for a permanent feature, in accordance with subsection (c).
(c) Considerations.--In evaluating a temporary structure under
subsection (b), the Secretary shall consider--
(1) the likelihood that a similar structure will need to be
constructed in the area in the future if the temporary
structure, or a similar structure, is not made permanent;
(2) the extent to which similar structures have been
constructed in the area previously and removed;
(3) the economic, safety, and environmental benefits and
impacts of establishing a permanent feature in the watershed of
the impacted community;
(4) the extent of the modifications necessary to make the
temporary structure a permanent feature; and
(5) the costs of the modifications described in paragraph
(4).
(d) Conversion of Temporary Structures.--
(1) In general.--After the Secretary completes an
evaluation under subsection (b), if the Secretary determines
that the temporary structure should become a permanent feature,
or that a permanent feature would prevent damage similar to
damage prevented by the temporary structure, and subject to
paragraph (2), the Secretary shall begin the planning and
design of the permanent feature in accordance with all
applicable design and construction standards and legal
requirements of the Secretary, including all applicable
environmental laws.
(2) Project cost.--
(A) In general.--The Secretary may carry out the
planning, design, and construction of a project
described in paragraph (1) if the total construction
cost of the project is not expected to exceed
$25,000,000.
(B) Large projects.--If the total construction cost
of a project described in paragraph (1) is expected to
be greater than $25,000,000, the Secretary--
(i) shall submit to Congress a request to
carry out the project in a manner similar to a
Chief's Report; and
(ii) may not carry out the project until
Congress authorizes the construction of the
project.
(C) Demolition.--Demolition of a temporary
structure under this section shall be subject to the
cost-share requirement under paragraph (3), but the
costs of that demolition shall not be included in the
total construction cost of the project under
subparagraphs (A) and (B).
(3) Cost-share.--
(A) In general.--The non-Federal share of the cost
of carrying out a project under this section shall be
not more than 35 percent.
(B) Small or disadvantaged communities.--In the
case of a project carried out under this section in an
impacted community that is a small or disadvantaged
community, the Federal share of the cost of a project
may be up to 100 percent, based on the ability of the
community to pay.
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