Text: H.R.5717 — 112th Congress (2011-2012)All Information (Except Text)

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Introduced in House (05/10/2012)


112th CONGRESS
2d Session
H. R. 5717


To require the Army Corps of Engineers to notify the public of certain flood predictions regarding the Missouri River System, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

May 10, 2012

Mrs. Noem (for herself and Mr. Berg) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure


A BILL

To require the Army Corps of Engineers to notify the public of certain flood predictions regarding the Missouri River System, 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 “Army Corps of Engineers Communications Accountability Act of 2012”.

SEC. 2. Notification and consultation requirements.

(a) In general.—If the Chief of Engineers makes an upper quartile determination or an upper decile determination, the Chief of Engineers shall notify the public of such determination, and consult with affected governments, in accordance with this section.

(b) Notification.—Not later than 7 days after making a determination described in subsection (a), the Chief of Engineers shall notify the public that such determination has been made.

(c) Consultation.—

(1) IN GENERAL.—If the Chief of Engineers makes an upper decile determination, an affected government may request a consultation with the Chief of Engineers.

(2) DEADLINE.—If an affected government requests a consultation under paragraph (1), the Chief of Engineers shall provide such consultation not later than 7 days after receiving the request.

(3) CONTENTS.—The Chief of Engineers may provide in a consultation under this subsection—

(A) information regarding expected water levels;

(B) advice regarding appropriate preparedness actions;

(C) technical assistance; and

(D) any other information or assistance determined appropriate by the Chief of Engineers.

(d) Definitions.—In this section:

(1) AFFECTED GOVERNMENT.—The term “affected government” means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood occurring in the Missouri River System, as determined by the Chief of Engineers in an upper decile determination.

(2) ANNUAL OPERATING PLAN.—The term “annual operating plan” means a plan prepared by the Chief of Engineers that describes potential water conditions scenarios for the Missouri River System for a year.

(3) UPPER DECILE DETERMINATION.—The term “upper decile determination” means a determination that runoff conditions in the Missouri River System are likely to reach the upper decile scenario specified for a year in an annual operating plan.

(4) UPPER QUARTILE DETERMINATION.—The term “upper quartile determination” means a determination that runoff conditions in the Missouri River System are likely to reach the upper quartile scenario specified for a year in an annual operating plan.